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2013-03-28 Regular March 28, 2013 Term Held March 28, 2013 THE STATE OF TEXAS ~ ~ COUNTY OF CALHOUN ~ BE IT REMEMBERED, that on this 28th day of March A.D., 2013 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Neil Fritsch Kenneth W. Finster Suzana Eckermann County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. PUBLIC HEARING REGARDING DESIGNATION OF PROPERTY TO BE LEASED BY EXCELERATE ENERGY, loP. AS REINVESTMENT ZONE #13-01: The Public Hearing began at 10:03 A.M. Excelerate is exploring the opportunity to invest approximately $1.8 billion and employ 180 people full time per vessel if the project goes forward. A second vessel may later be added that would double these numbers. Construction phase of the project is estimated at four (4) years. Anne Marie Odefey: This is for the project down at the Port Authority. Excelerate has an option to lease 85 acres from the Port Authority (some of which is submerged at this point) This designation of a reinvestment zone is the first step in their economic development plans with the County, the Port and with the school district. The County will be the designating agent in the reinvestment zones. John Crawford (Senior Tax Director for Excelerate): It is roughly up to 145 acres of land. Things are developing well. Judge Pfeifer: The first phase of this property is how many dollars? John Crawford: The first phase of the project consists of $2,300,000,000 ($2.3 billion) to broaden and deepen the Matagorda ship channel (estimated at about $300,000,000 on that). The rest will be used for shore based construction and fixed assets like docks (estimated about $400,000,000). The rest will be used for a barge mounted vessel with equipment on it to liquify natural gas. Judge Pfeifer: This property that you have leased, does it also include the property that will be for your second vessel? There won1t need to be another reinvestment zone? John Crawford: The second vessel is included and incorporated at this time. There won't need to be another zone. We have it set out in metes and bounds out into the water to include both vessels and all of the improvements. The spoils from the dredging project will be dumped in order to raise the area about twenty-five (25) feet and create additional land where we will be located. The 145 acres will include both phase one and phase two. By adding another vessel it will basically double the size and scope of the project. Judge Pfeifer: With a second vessel this will make it a four billion ($4,000,000,000) project? John Crawford: It will raise it to $4 billion to $4.5 billion project in total. We would like to get a certificate from the government to allow us to export gas to any country in the world that isn't prohibited from trade with the United States, such as countries like Cuba, Syria and North Korea. We have a free trade license which allows us to export to countries like South Korea, Singapore and Chile. Anne Marie Odefey: This is just the designation of the reinvestment zone. There is no commitment or any economic agreement at this time. This is just the first step. Judge Pfeifer: Do you have to be a reinvestment zone before you can do anything else? Anne Marie Odefey: After five years will need to need to do another reinvestment zone. The Public Hearing ended at 10:08 A.M. axtelerate energy March 11, 2013 RE: Reinvestment Zone Designation RECEIVED MARl 4 2013 ' (' Mike p, " .alhou 181181' n J Udg.H Judge Michael J. Pfeifer Calhoun County Judge 211 South Ann Street Port Lavaca, TX 77979 Dear Judge Pfeifer, Excelerate Energy, L.P. (together with its affiliates, hereinafter referred to as "Excelerate") hereby respectfully requests that the Commissioners Court approve the designation of the proposed site of the Lavaca Bay FLSO project as a reinvestment zone. As previously explained to the Court and the community at-large, Excelerate is exploring the opportunity to invest approximately $1.8 billion and employ 180 people full time per vessel if this project goes forward. Additionally, it is envisioned that a second vessel may be added that would double these numbers ($1.8B X 2 ~ $3.6B and employment of 180 X 2 ~ 360 full time pOSitions). During the construction phase of the project, which is expected to last over 4 years, approximately 2,500 people will be employed building the facility. This investment and the related employment are largely dependent on the designation ofthe site as a reinvestment zone. The site that is the subject of this request is the 85 acres of land owned by the Port (some of which is currently submerged, but will be elevated by dredging spoils deposited at the site) for which Excelerate has an option to lease plus an adjacent parcel of approximately 25 acres immediately to the north and west. The site plot showing the land thnt is the subject of this request is attached to this letter, with the 85 acres marked as "A" and the 25 acre section marked as "B". Excelerate will work with the Port to provide a more detailed legal description of the proposed reinvestment zone. Please feel free to contact me if you have questions or need additional information to process this request. S~ Nick B::.ifford Chief Financial Officer Excelera!e Energy L,P. 1450 Lake Robbins Drive Suite 200 The Woodlands. Texas 77380 i H 832 813 7100 ' ',\832 813 7103 DESIGNATION OF PROPERTY TO BE LEASED BY EXCELERATE ENERGY, L.P. AS REINVESTMENT ZONE #13-01: A Motion to approve the designation of property to be leased by Excelerate Energy, LP as reinvestment zone #13-01 was made by Commissioner Galvan and seconded by Commissioner Fritsch. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. RESOLUTION OF THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS DESIGNATING EXCELERATE ENERGY L.P. REINVESTMENT ZONE NO. 13-01 WHEREAS, Excelerate Energy L.P. filed an Application with the Commissioners Court of Calhoun County, Texas for designation of a reinvestment zone on March 11,2013; and WHEREAS, pursuant to the Property Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312) and the Guidelines and Criteria of the Commissioners Court of Calhoun County for Granting Tax Abatement in Reinvestment Zones Created in Calhoun County, (The Guidelines), the Commissioners Court published a Notice of Public Hearing on the Application ofExcelerate Energy L.P. for designation of a reinvestment zone in the Port Lavaca Wave on Mareh 13,2013; and WHEREAS, the Commissioners Court convened in open meeting on Thursday, March 28, 2013 at 10:00 o'clock a.m., pursuant to said Notice for the purpose of conducting a Public Hearing on the Application of Excelerate Energy L.P. for designation of a reinvestment zone, during which hearing representatives ofExcelerate Energy L.P. presented statements and evidence in support of its Application, and whereupon all interested persons in attendance who requested to do so, were given the opportunity to speak and present evidence for 01' against the designation; and WHEREAS, upon conclusion of the Public Hearing, the members of the Commissioners Court considered the evidence and upon motion and second, adopted the following resolution: 1 BE IT RESOLVED by the Commissioners Court of Calhoun County, Texas: 1. The Commissioners Court of Calhoun County, Texas makes the following findings: (a) That the improvements sought are feasible and practical; (b) The designation and improvements would be a benefit to the land to be included in the zone, and to the County after the expiration of the tax abatement agreement; (c) The area will be reasonably likely as a result of the designation to contribute to the retention 01' expansion of primary employment 01' to attract maj or investment in the zone that would be a benefit to the property and that would contribute to the economic development of the County; (d) The Commissioners Court fUlther finds that the entire 145.29 acres (more 01' less) tract of land is located entirely in an unincorporated area of Calhoun County, Texas; 2, Based upon its findings, the Commissioners Court of Calhoun County, Texas concludes that Excelerate Energy L.P.' s Application for Designation of Reinvestment Zone dated March 11, 2013 should be and is hereby approved. 3. A metes and bounds description ofthe Reinvestment Zone is contained in Exhibit "1", attached hereto, incorporated by reference and made a part hereof for any and all purposes. Also attached to this Resolution is a plat indicating the boundaries and location of the Reinvestment Zone. The plat is marked Exhibit "2", incorporated by reference and made 2 a part hereof for any and all purposes. 4. The Reinvestment Zone is hereby designated as eligible for tax abatement, subject to approval of any application for tax abatement by the Commissioners Court. 5. The tract ofland containing 145.29 acres (more 01' less) is hereby designated as Excelerate Energy L.P. Reinvestment Zone No. 13-01 and is eligible for tax abatement. 6. This designation of a reinvestment zone shall expire five years from the date ofthis resolution. PASSED, ADOPTED AND APPROVED, on this 28th day of March, 2013. COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS ATTEST: \) '",;"... :~;:'l,( '0 .".'j~~ .: :' 'Ajiita Fri (v:i:\; . >?, ." Calhoun ~'ouniy')derk '--'-, . './' ,'I) , ,. ""J ",\ , ':'I'I! '. ~d\"\" 3 PROPERTY DESCRIPTION 145.29 ACRES 51 ATE OF TEXAS } COUNTY OF CALHOUN } All of that certain tract or parcel containing 145.29 acres situated in State Land Tracts No. 24 and No. 25 and being a part of the same property described as 47,765 acres in Deed dated October 13, 1956 from State of Texas to Calhoun County Navigation District recorded In Volume 122, Page 443 of the Deed Records of Calhoun County, Texas and also being a part of the same property described as 2880 acres in Deed dated April 25, 1998 from State of Texas to Calhoun County Navigation District recorded In Volume 202, Page 492 of the Official Records of Calhoun County, Texas. This 145.29 acres is more particularly described by metes and bounds as follows: BEGINNING at an existing 5/8 Inch Iron rod (N=13,424,220.51; E=2,752,533.65) located at the Southwest corner of a 25 acre tract previously surveyed by James G. Temple R.P.L.S. No. 6296 on July 18, 2012 for the East corner of this 145.29 acres being described; THENCE in part with the South line of the said 25 acre tract with the following courses and distances: South 790 41' 18" West, a distance of 157.76 feet; South 56" 00' 51" West, a distance of 216.20 feet; South 15004' 02" East, a distance of 166.81 feet; South 72" 45' 57" West, a distance of 163.32 feet; South 420 48' 40" West, a distance of 42.43 feet; South 170 59' 25" East, a distance of 66.92 feet; South 520 50' 33" West, a distance of 157.19 feet; South 170 32' 58" West, a distance 0176.61 feet; South 580 20' 23" West, a distance of 58.54 feet; North 370 35' 36" West, a distance of 69.43 feet; South 43" 42' 29" West, a distance 'of 92.29 feet; South 360 37' 21" West, a distance of 148.03 feet; South 83017' 56" West, a distance of 180.88 feet; South 52" 02' 58" West, a distance of 347.03 feet; South 07" 23' 27" East, a distance of 51.64 feet; South 570 53' 52" West, a distance of 194.88 feet; North 73028' 33" West, a distance of 50.76 feet; South 870 33' 44" West, a distance of 11.08 feet; South 730 48' 54" West, a distance of76.97 feet; North 700 10' 25" West, a distance of 45.61 feet; South 79040' 53" West, a distance of 59.57 feet; South 600 39' 45" West, a distance of 38.27 feet; South 700 10' 39" West, a distance of 31.27 feet to a 5/8 inch iron rod with plastic cap set for an interior corner of this 145.29 acres being described; THENCE South 000 16' 33" West, a distance of 3163.74 feet fOI)I;!~. Southeast corner of this 145.29 acres being described; -6''{~'f'';~:'\'' 1HENC~ North 8~" 43' 27" West, a distance of 1214.04\" ~~f~~;'~:~lhwest corner of this 145.29 acres bemg described; HENfW A DANV,; Page 1 ):% 5088 ,';'- 'C' EXHIBIT 'v1l"'fSS\()'.[ 6169.007.doo ,;.;..~~. St~~~'2 I "Ill PROPERTY DESCRIPTION 145.29 ACRES (continued) THENCE North 00" 16' 33" East, a distance of 2924.00 feet for the West corner of this 145.29 acres being described; THENCE South 890 43' 27" East, a distance of 530.00 feet for an Interior corner of this 145.29 acres being described; THENCE North 000 16' 33" East, a distance of 488.19 feet to a 5f8 inch iron rod with plastic cap set for a corner of this 145.29 acres being described; THENCE North 27" 15' 18" East, a distance of 961.38 feet to a 5f8 inch iron rod with plastic cap set for a corner ofthls 145.29 acres being described; THENCE North 54" 27' 05" East, adlstance of 1012.37 feet to a 5f8 Inch iron rod with plastic cap set for a corner of this 145.29 acres being described; THENCE North 550 55' 57" East, a distance of 704.69 feet to a 5fB inch iron rod with plastic cap set for a corner of this 145.29 acres being described; THENCE North 790 21' 36" East, a distance of 144.28 feet to a 5f8 inch Iron rod with plastic cap set for a corner of this 145.29 acres being described; THENCE North 88" 52' 20" East, a distance of 253.20 feet to a 5f8 inch iron rod with plastic cap set for the Northeast corner of this 145.29 acres being described; THENCE South 010 '19' 24" East, In part with the East line of the said 25 acre tract, pass an existing 5/8 Inch Iron rod located on line at the Northeast corner of the said 25 acre tract at a distance of 30.00 feet and continuing a total distance of 917.69 feet to the PLACE OF BEGINNING, containing within these metes and bounds 145.29 acres. The bearings, distances and coordinates recited herein are Texas State Plane South Central Zone NAD83' (1986) Grid based on NGS Monument "ZEPP" (N=13,426,106.84; E= 2,750,016.64). To convert gird to surlace use a combined scale factor of 1.000061141. This property description and a plat were prepared from a survey made on the ground under my direction on March 18, 2013. d (f]:) ~ ~~.S?f..tf:-I: r~"',.\)\2.l;'I?<'i'.1\ll ....J/Q:v ~ 0\ G & ;}ENGINEERS, NC. ......;...........................,...... HENRY A. DANYSH Henry A. Danysh .."..\................."",,........... Registered Professional <i~OI':0~~o~t.'6~ Land Surveyor, No. 5088 .~;j~ . Page 2 6159-007.do" "' ;::; iAlIll\QIIJ'HA't m. .a "';J.4:t4,:r.zO.1I1 [g?,7S'l.m.6S 145.29 ACRE SURVEY PART OF STATE LAND TRACTS NO. 24 & NO. 25 CALHOUN COUNT~ TEXAS 0000 A PART or lllt SAME PRoPERTY OESORlSED AS 47.765 ACREs IN I)ttO DAm> OCToam 13, 1956 FROI,I STAlE OF TEXAS TO CA\..HOUN COUNTY NA\o1GAnON DISTRICT RECORDEO IN VOlUME 122. PAGE -443 OF lliE DEED RECORDS OF' CALHOUN COUNTY, TEXAS AND BEING A PART Of lliE SAME PROPERlY DESCRlBEO AS 28Be) ACRES IN DEED DA'rED APRIL 25, 1998 fRO/,( STATE OF 1EXAS TO CAlHOON COlINTY NA\1GAllOH DlSTRIOT Rf:COODED IN VO!.UIAE 202, PAGE 492 OF WE omClAL RECORDS Of CALHOUN COUNTY, 1fXAS. .... 1.9~l.'9,IlIBTIJla;$mOCOOOllll1AlEsmol\H11Ell(QllAlU11EXASSTAT(I'WlE SOtilW OOllRAL Z01/E 11.0.0&3' (1986) GRl~ BASel 00 11&3 I.IONlJ~rllr "lU>I>' (N-\3,426,11Jli.M; E..2,760.01MH). 2. TO (:()NlmT 0010 TO SURF,/,<<: lJ~" COMlIlIiOl ~LE r...cTOO (If' MOODSlHl. .J.I.OCAnOllQ'"c.O.E.PI.-^WlE1lTAAllASIlO. Ie AlHO, It AArM'PROPIlIAlE 0I1LY. I, HENRY A. OMlY5H, IU:C1srmm PR~HAL UIlO $l,IlIvt'(QfI,OOKEllEQYw:mfYTHAT1l!El'U.rSllIYlm~ AND A PROPffiTYDESC/lIPTlO<< PREPAAED m:PftESElffilllIE np;UI,T A SURVEY MIlOt ON lHE CROUND Ii OlREC 0 MARCH 19. 2013, STATE LAND TRACT NO. 25 + STATE LAND TRACT NO. 24 LAVACA BAY 1" l:fm lo~ 8~ S59'43'2:tEz 530.00 / / / / / / gJ ''''-'' / "l Y, / ~ / "'-, ' : / ,"'_. ''''-, ;' / HC::;':tZn~tr.:1 ''-.j / 2M,/#2 c.c.o.n. ""..>.r:.i,:,.~-., / , , 8 ..,: '" '" '" / / / / / LEGEND ~GIl~IRotIROO E30S11IlGlfi"lIotIROO mst(c'~~ROO\\lTll G'AIJlOUIlCOVllTYnnt! RECOllDS CAUlOUlICOUHTY(JfJlCl.oJ..R!:COROS PQ!IlTOfBE~llrHO f'u.roo oml CAll. o . . o.c.o.R. c.c.0Jl. 1'.0.0, II / / / / / / "' j" '" 10 r o o Z N89'43~27"W N88'52'2Q"E 253.20 i ~ J---- "l. " ~ LINE U L2 L3 L4 L5 L6 L7 L6 L9 L10 L11 L12 U3 L1' US U6 L17 U8 U9 L20 L21 L22 L23 COX BAY ,'// /' LINE CHART BEARING S79'4-1'lB"W S56'OO'S1"W S15'04'02~E S72'45'57"W S42048' 40"W 517'59' S~E 5 . O' " S17'J2'5BRW S58'20'23RW N,37'3S'36" S4S 2'29" 936'.37'21"E 583'17'56" 552'02'58" 507'23'27"( 55 '53'52" N .3 8'3 " S6 '33'44" S7J"48'54"W 70'10'2S"W 579'40'5.3" SOO'.39'4S"W S70'\O'39"W mE NO.: 615"9 007 JOB NO,: 9159-007 SCALE: 1" = 400' G & W ENGINEERS, INC. . ENGINEERING . SURVEYING . ARCHI1ECTURE PORT LAVACA, TEXAS 77979 BAY CITY, TEXAS 77414 . PLANNING (361) 552-4509 (979) 323-7100 205 W. LIVE OAK ST, 1803A 7th SlREET ---------- / / /\ / ~ / , , \ , , /" DISTANCE 157.78' 216.20' 166.81' 163.32' 2.4.3' 5691' 157.19' 76.61' 58.54' 69.43' 92.29' 148.03' 160.88' 347.03' 51-64' 194.88' 5 .76' 1.0B' 76.9 ' 45.61' 59.57' 38. 7' 31.2: . ExHIBIT ~ II 112" APPOINTMENTS/RE-APPOINTMENTS TO THE MEMORIAL MEDICAL CENTER BOARD OF TRUSTEES: Jack Wu, Rolando Reyes and D. J. Williams request re-appointment to the Memorial Medical Center Board of Trustees. Judge Pfeifer: Is John Wright going to continue as Chief of Staff? Jason Anglin: Yes. Judge Pfeifer: Also appoint Dr. John Wright as Chief of Staff. A Motion to appoint Jack Wu, Rolando Reyes, D. J. Williams and John Wright as Chief of Staff to the Memorial Medical Center Board of Trustees was made by Commissioner Lyssy and seconded by Commissioner Fritsch. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 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'" III III '" III "" III III J;ol,.. ~o :;J~ ... 0 s:!o t: Ol Ol = Ol Ol Ol Ol CJ CJ = CJ Ol CJ CJ CJ o~ oS Ol Ol 0 Ol CJ Ol '" '" ~ ~ ~ U ~ '" ~ ~ ~ a " ~ ~ >< 0 ...< ...< ...< ...< ...< ...< E- = III .. ... = 0:> ., '5h ~ ., I>Il ., '5h 00 t-- CJ III .... ... ~ ;::l ... .. ... 00 '" ;;- >01 '" .. >01 .... .. ~ 0 ..; ;;- ~ 0 00 CJ ;;- ~ ~ ~ <J:i '" <J:i 00 "" =: Ii ~ 0 00 >01 0 .... 0:> ~ 0:> '" N t-- 00 <:> ~ 0:> N 0 "" .... .... ~ ~ 0:> '" '" '" ..... '" '" .... .... '" ih = = .;:: '" '" ., '" ... '" ~ ~ t' a = ., ~ .... ..cl ~ ... .. '" t: ~ '" '" ., U ::; :.= '" U 0 ::; ~ 0 == = ,.. ., -.:l = ~ "0 ~ 0 = =: ..CI = ~ ., = '" ~ .:<i '" '" '" - ..CI CJ - ...; .r:;; '" '" ::l CJ ..: 0 ::; .. ~ ~ 0 ::l '" ~ Z ~ ~ ~ 00 I'l.. ~ Formosa Plastics' Formosa Plastics Corporation, Texas 201 Formosa Drive' P,O, Box 700 Point Comfort. TX 77978 Telephone: (361).987-7000 Fax: (361)-987-2721 The Honorable Judge Michael Pfeif8r 211 South Ann, Suite 301 Port Lavaca, TX 77979 March 21,2013 RE: Reappointment to Memorial Medical Center Board of Managers Honorable Judge Pfeifer, As you know, my term of service on the Memorial Medical Center Board of Managers expires at the end of March, 2013. I would sincerely appreciate your consideration of my request for reappointm8nt to the Board. Sincerely, ~ ) '. --':;_. ,-ZI~l_ {A_v.... c' , \,-, Jack Wu Vice-President of Business D8v81opment Formosa Plastics Corp. Texas Cc: Commissioner Roger Galvan Commissioner Kenneth Finster Commissioner N8il Fritsch Commissioner Vern Lyssy I'~' ~~, ~~ 150'OOUOOO 1501WO' ''I jl41~ [1.\\ J\/IO j)1 Ci/!d; /~ ,,2,0/3 Honorable Judge Mike Pfeifer County Judge County of Calhoun 211 South Ann Port Lavaca;Texas 77979 Dear Judge Pfeifer: Please accept this letter as an indication of my desire to continue, beyond March 2C/~ my membership on the Memorial Medical Center Board. While this declaration may appear a bit early, it is my intention to communicate early to leave little doubt as to my personal wishes in this area. My past board membership has spanned over 20 years and I have learned about the unique business the Hospital business represents and the long period one has to endure to become adequately educated to provide the leadership necessary to keep a hospital healthy. Our Board needs continuity of leadership to ensure that we are building a future and not simply repeating the same strategies over and over creating movements neither forward or backward, but rather running-in-place. I will provide that continuity. During my tenure on the board I have attended many educational seminars which have equipped me to be an informed Board member and I believe an effective one. I have enjoyed the challenge which board membership represents and the satisfaction that comes from contributing my time and energies to such a worthy cause. That cause being to provide Healthcare Services, Second- To-None to the citizens of Calhoun County. The consideration of this request by the Court would be greatly appreciated. Sincere. ZIY,/ :7 7')" ~<<!YJj6 Rolando Reyes, Board Member Memorial Medical Center cc: Commissioner Roger Galvan Commissioner Michael Balajka Commissioner Kenny Finister Commissioner H. Floyd March 19,2013 The Honorable Michael Pfeifer Calhoun County Judge 211 South Ann Port Lavaca, TX 77979 Dear Judge Pfeifer, Please accept this letter as formal notification of my willingness to continue as a member of the Board of Managers of Memorial Medical Center for an additional term. Sincerely, fl).:J. Wiffianw D.J. Williams Memorial Medical Center Board of Managers cc: Commissioners - ..' ..... ,... " .. - - . -. .. 117 WASH ST PORT LA V ACA, TX 77979-2912 Bain C. Cate,lYI. D., Medlcal Director Phone (361) 552-9721 Fax (361) 552-9722 March 11, 2013 Calhoun County Commissioners' Court Attn: Honorable Judge Michael J. Pfeifer 211 S ANN ST STE 301 PORT LAVACA TX 77979-4249 Judge Pfeifer, The Texas Department of State Health Services (DSHS) has forwarded to Calhoun County Health Department (CCHD) Amendment No. 001A : RLSS/LOCAL PUBLIC HEALTH SYSTEM-PnP relating to Contract No. 2013-041446. Calhoun County Commissioners' Court (CCCC) previously approved the contract during the meeting which occurred on August 09, 2012, and the fully executed contract was returned to CCCC for filing shortly thereafter. The award amount of the original contract was $30,041.00, which was a 19% decrease when compared to the FY 2012 funding total of $37,088. This contract amendment will serve to restore these lost funds, totaling $7047.00, for just this one time. As you may recall, a similar restoration occurred for the FY 2012 contract about one year ago, but there is no plan to provide this increase during the next contract term (FY 2014). The extra funds will be utilized to purchase a new server for the network at CCHD. Mr. Ron Reger has already been involved in finding the correct server and the cost will be $1,877 .00 for that item. A large portion of the funds, totaling $4,384.00, will be utilized to buy other supply items such as new reception chairs, new desks, a new centralized printer, and some floor coverings for the reception area. The last $786.00 will be used to recuperate costs already expended for medical and office supplies already purchased with local Calhoun County dollars. DSHS requires that the money be used for any direct cost item, except saiary and fringe. Likewise, as far as CCHD is concerned, this may not be a recurring restoration, so one time purchasable items were sought, as well as recovering some locally funded recurring supply item costs. This should lead to a decrease in the local Calhoun County expenses for FY2013. I have looked over these documents, and recommend that Calhoun County Commissioners' Court review, potentially approve, and subsequently authorize the County Judge to sign these documents. Two original sets of documents have been submitted, and I will need both sets back as soon as possible so that they can be sent back to DSHS for their signature via secure delivery. Ultimately the fully executed agreement will be returned to the Court for filing, hopefully in the near future. Piease notify me if there are any questions or concerns about this, or any CCHD issue. Sincerely, !!tv:::; C. ~I WV(/, Bain C. Cate, M.D. TEXAS DEPARTMENT OF STATE HEALTH SERVICES (DSHS) AMENDMENT NO. 001A RELATING TO CONTRACT NO. 2013-041446 WITH THE CALHOUN COUNTY HEALTH DEPARTMENT AND AUTHORIZE COUNTY JUDGE TO SIGN. THIS AMENDMENT RESTORES FUNDS OF $7,047.00: Dr. Bain C. Cate: The federal government cut the County short and is refunding the money at this time. We have contract applications of FY14 and it looks like they are going to cut us short again and maybe next year we will be receiving those back. A Motion to accept the Texas Department of State Health Services (DSHS) Amendment No. 001A relating to Contract No. 2013-041446 with the Calhoun County Health Department and authorize County Judge to sign was made by Commissioner Finster and seconded by Commissioner Galvan. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. TEXAS DEPARTMENT OF STATE HEALTH SERVICES DAVID L. LAKEY, M.D. COMMISSIONER P,O. Box 149347 Austin. Texas 78714-9347 REeE t-888-963-7IlI IVED TIY: 1-800-735-2989 APR www.dshs.statc.tx.us 1 5 2013 ApriIS,2013 Dear Contractor: Enclosed is an approved copy of your Department of State Health Services (DSHS) contract. Please file it with the office of record for your agency. The provisions of this contract require submittal of quarterly financial reports no later than 30 days after the end of the first three quarters and a final report no later than 60 days after the end of the contract term. Attached are preprinted Financial Status Reports (FSR 269a) for the entire term of your contract. Please forward the FSR forms to the person in your agency responsible for completion of financial reports. If this is a contract amendment, FSRs are provided only for the remaining term of your contract. These reports are required regardless of whether or not expenses are incurred. DSHS will not pay for reimbursements submitted/postmarked more than 60 days after the end of the contract Attachment term. Additional information regarding this policy is available on the DSHS website at http://www.dshs.state.tx.us. Please reference the DSHS contract and attachment number in all future correspondence. If you have questions, please contact Mary Moore at 512-776-6975 or via email at mary.moore@dshs.state.tx.us. Sincerely, ~~. Bob Burnette, Director Client Service Contracting Unit Enclosures An Equal Employment Opportunity Employer and Provider DEPARTMENT OF STATE HEALTH SERVICES Amendment To The Department of State Health Services (DSHS) and CALHOUN COUNTY HEALTH DEPARTMENT (Contractor) agree to amend the Program Attachment # ~ (Program Attachment) to Contract # 2013- 041446 (Contract) in accordance with this Amendment No. 001A: RLSS/LOCAL PUBLIC HEALTH SYSTEM-PnP , effective 03/01/2013 . The purpose of this Amendment is to restore the PHHSBG funds, and revise the General Provisions to include potential need for utilization of 5% for public health emergencies and/or training. Therefore, DSHS and Contractor agree as follows: Program Attachment number is revised to read as follows: PROGRAM ATTACHMENT NO.-OOl OOlA SECTION VIII. SPECIAL PROVISIONS, is revised as follows: General Provisions. ARTICLE II SERVICES. Section 2.02 Disaster Services. is revised to include the followinl!: In the event of a local. state. or federal emerl!encv the Contractor has the authoritv to utilize annroximatelv 5% of staff's time sunnortinl! this PrOl!ram Attachment for rcsnonse effort~. DSHS shall reimburse Contractor un to 5% of this PrOl!ram Attachment funded bv Center for Disease Control and Prevention CCDC) for nersonnel cost~ resnondinl! to an emerl!encv event. Contractor shall maintain records to document the time snent on resnonse effort~ for auditiul! nurooses. Allowable activities also include narticination of drills and exercises in the nre-event time neriod. Contractor shall notifv the Assil!ned Contract Manal!er in writinl! when this nrovision is imnlemented. The Categorical hudget is revised as attached. Page - I of2 AlI terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of this contract and the terms of this Amendment, this Amendment shall control. ~nt ,&e Health Service~ 4~~~- Signature of Authorized OfficIal Date: )./ /q 1/3 Contractor s;g~e~4Ji.~ Date: t.j~ 1- 13 (5 t2) 458-7470 Name: m.uk..", ( s. ~,t.--- Titte: tu "A t1 'J4.~?f/ Address: "Z..1l .s. I}AM/ st. =Puvr- LMJtlv/'t ~6 <-Z7~71 Phone: 5 ~/ I - <.,' ,$ :?" "t ~,~V Email: ...;1<<::.1.(.11;.(.<.( eJOJho""I,-,1tt;t1f;:,' Bob Burnette, C.P.M.. CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET AUSTIN. TEXAS 78756 Bob.Burnette@dshs.state.tx.us Page - 2 of 2 DEPARTMENT OF STATE HEALTH SERVICES 1100 WEST 49TH STREET AUSTIN, TEXAS 78756.3199 CATEGORICAL BUDGET CHANGE REQUEST DSHS PROGRAM: RLSS(LOCAL PUBLIC HEALTH SYSTEM-PnP CONTRATOR: CALHOUN COUNTY HEALTH DEPARTMENT CONTRACT NO: 2013-041446 CONTRACT TERM: 09(01(2012 BUDGET PERIOD: 09(01(2012 THRU: 08(31(2013 THRU: 08(31(2013 DIRECT COST (OBJECT CLASS CATEGORIES) Current Approved Budget (A) Personnel $30,041.00 Fringe Benefits $0.00 Travel $0,00 Equipment $0,00 Supplies $0,00 Contractual $0,00 Other $0,00 Total Direct Charges $30,041.00 INDIRECT COST Base ($) $0,00 Rate (%) 0,00% Indirect Total $0,00 PROGRAM INCOME Program Income $0.00 Other Match $0.00 Income Total $0,00 LIMITS/RESTRICTIONS Advance Limit $0.00 Restricted Budget $0.00 SUMMARY Cost Total $30,041.00 Performing Agency Share $0.00 Receiving Agency Share $30,041,00 Total Reimbursements Limit $30,041.00 JUSTIFICATION Restoration of the PHHSBG funds brings the contract back to levei funding. CHG: 001A Revised Budget (8) $30,041.00 $0.00 $0.00 $0.00 $7,047.00 $0.00 $0.00 $37,088.00 Change Requested $0.00 $0.00 $0.00 $0.00 $7,047.00 $0.00 $0.00 $7,047.00 $0.00 0.00% $0.00 $0.00 0.00% $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $37,088.00 $0.00 $37,088.00 $37,088.00 $7,047.00 $0.00 $7,047.00 $7,047.00 Financial status reports are due: 12(31(2012,03(29(2013,06(28(2013, 10(30(2013 Texas Department of State Health Services Financial Status Report FSR269A An Excel version of this form can be downloaded at: htto:/lwww.dshs.state.tx.us/arants/forms.shtm P.O. Box 149347 Austin. Texas 78714-9347 Fiscal Division! Accounts Payable Phone (512)458-7435 Contractor Name: Calhoun County Health Department DSHS Program: RLSS/LPHS-PnP DSHS Contract #: 2013-041446 Attachment #: OOlA Basis: [ ] Cash Contract Term: From: 09/01/2012 Period Covered in Report: From: 03/0 1/20 13 [ ] Accrual Payee Account #: Payee Vendor ID: 17460019239004 Payee Name: CALHOUN COUNTY TREASURER To: 08/31/2013 Address: COUNTY AUDITOR TREASUER 201 W AUSTIN ST City, ST, Zip: PORT LA V ACA, TX 77979-4210 PO Number: 0000385763 To: 05/3l!2013 (2) Approved Budget Check if Final Report [] Yes Project Cost per General Ledger (3) (4) This Period Cumulative [ ]No (1) Budget Categories (5) Remaining Budget Balance (2 minus 4) a. Personnel 30,041.00 b. Fringe Benefits 0.00 c. Travel 0.00 d. Equipment 0.00 e. Supplies 7,047.00 f. Contractual 0.00 g. Other 0.00 h. Total Direct Charges 37,088.00 i. Indirect Charges 0.00 j. Total Charges 37,088.00 Less: k. Program Income Collected 1. Non-DSHS Funding m. In-Kind (See Instructions) Advance Received Repaid this Period Cumulative Repayments n, ADVANCE o. Total Reimbursement Requested (net of advances) p. Total Reimbursement Received Prepared By: Title: Phone #: CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unli uidated obli ations are for the ur ases set forth in the award documents. Signature of Authorized Certifying Official Date Submitted Typed or Printed Name and Title of Certifying Official 1 1 Telephone: DSHS Form GC-4a (269a) Revised 7/09 Texas Department of State Health Services Financial Status Report FSR269A An Excel version of this form can be downloaded at: htto://www.dshs.state.tx.us/arants/forms.shtm P.O. Box 149347 Austin, Texas 78714-9347 Fiscal Divisionl Accounts Payable Phone (512)458-7435 Address: COUNTY AUDITOR TREASUER 201 W AUSTIN ST Cit ,ST, Zi : PORT LA V ACA, TX 77979-4210 PO Number: 0000385763 DSHS Program: RLSSILPHS-PnP DSHS Contract #: 2013-041446 Attachment#: 001A Basis: [ ] Cash Contract Term: From: 09/01/2012 Period Covered in Report: From: 06/0112013 [ ] Accrual Contractor Name: Calhoun County Health Department Payee Account #: Payee Vendor ID: 17460019239004 Payee Name: CALHOUN COUNTY TREASURER To: 08/3112013 To: 08/3112013 (2) Approved Budget Check if Final Report [] Yes Project Cost per General Ledger (3) (4) This Period Cumulative [ ]No (I) Budget Categories (5) Remaining Budget Balance (2 minus 4) a. Personnel 30.041.00 b, Fringe Benefits 0.00 c. Travel 0.00 d. Equipment 0.00 e. Supplies 7,047.00 f. Contractual 0.00 g. Other 0.00 h. Total Direct Charges 37,088.00 1. Indireet Charges 0.00 j, Total Charges 37,088.00 Less: k. Program Income Collected I. Non-DSHS Funding m. In-Kind (See Instructions) Advance Received Repaid this Period Cumulative Repayments n, ADVANCE o. Total Reimbursement Requested (net of advances) p. Total Reimbursement Received Prepared By: Title: Phone #: CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unli uidated obli ations are for the ur ases set forth in the award documents. Signature of Authorized CCltifying Official Date Submitted Typed or Printed Name and Title of CCltifying Official / / Telephone: DSHS Form GC-4a (269a) Revised 7/09 Susan Riley From: Sent: To: Subject: Henry Sarber [hbarber@cableone,net] Tuesday, March 19, 201310:16AM Susan Riley; Judge Michael Pfeifer PHYSIO CONTRACT ~-~" Please place the Physio Contract on the Ap,;1 14th agenda. Thank You Henry 1 PHYSIO CONTROL TECHNICAL SERVICE SUPPORT AGREEMENT WITH CALHOUN COUNTY EMS AND AUTHORIZE COUNTY JUDGE TO SIGN: Henry Barber: It is the same agreement we have every year. A Motion to approve the Physio Control Technical Service Support Agreement with Calhoun County EMS and authorize County Judge to sign was made by Commissioner Galvan and seconded by Commissioner Fritsch. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. TECHNICAL SERVICE SUPPORT AGREEMENT Contract Number: End User # 02211901 CALHOUN CTY EMS 705CTYRD 101 PORT LA V ACA, TX 77979 Bill To # 02211901 CALHOUN CTY EMS 705 CTY RD 101 PORT LA V ACA, TX 77979 This Technical Service Support Agreement begins on 2/1/2013 and expires on 113112014. The designated Covered Equipment andlor Software is listed on Schedule A. This Technical Service Agreement is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached. Ifany Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Physio-Control's Data Management Support and Upgrade Service Terms and Conditions, rev 7199-1. Price of coverage specified on Schedule A is $9,507.93 per term, payabie in Quarterly installments. Special Terms 10% DISCOUNT ON ACCESSORIES 10% DISCOUNT ON ALL ELECTRODES Accepted: Physio-Control, Inc._________,____.. Custo!.ner: ~..~~ CtWI1'~ BY:l{,!'f17!%"!L" ," " ........ .,.... .............. ~-C}--~j---- .Title: ft)\()UL~tf Lex '\11' a L1 ..Ar'tl [Ljd- Print: JiYl-,,'uba..d.. J. ~&________ Date:?)I\fU2:1:>L~....~_~ 'Title: Cd..t~~) J.-t Date: 4, r~ J.> _ Purchase Order Number: Territory Rep: WECC57 Michael Flowers Phone: FAX: 800-772-3340 Customer Contact: Henry Barber Phone: 361-552-1140 FAX: 361-553-4800 Reference Number: C57-1926 Printed: 311912013 Renewal Page I of 6 PHVSIO.cONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS Customer's signature or purchase order referencing this Technical SeNiee Support Agreement are required prior to Physio-Contral's acceptance of this Agreement. This Agreement covers only the equipmenllisted on Schedule A ("Covered Equipment"). These terms constitute the complete agreement betwElen the parties and they shall govern over any other documents, These terms may not be revised In any manner without the prior written consent of Physlo~Contfo1. SERVICES, The services provided under this Agreement are set forth on Schedule A. Physio.Control strives to return service calls within two (2) hours, and strives to resolve service Issues within twenty-four (24) hours. Following service, Physio-Control will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement, The following services are available: "Repair Only SefVice" means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment to original specifications. subject to Exclusions. "Inspeotion Only SeNice" means Inspections of Covered Equipment to verify proper device calibration. mechanical operations and output measurements, electrical safety check In accordance with National Fire Protection Association (NFPA) guidelines and labor, subject to Exclusions, "RepaIr and Inspect SerVice" means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment 10 original specifications, and Inspections to verify proper device calibration, mechanical operations and output measurements, electrical safety check in accordance wllh NFPA gUidelines and Updates (as set forth below), subject to Exclusions. "Battery Replacement Service" means replacement of batteries on a one-for-one,like-for-like basis, up to the number of batteries and/or devices listed in Schedule A. Oniy batteries manufactured or distributed by Physio-Control are eligible for replacement. Battery replacement is available upon Customer notification to Physio-Control of the occurrence of: (I) Battery failure as determined by Customer's performance testing and evaluation in accordance wIth the applicable Operating Instructions; or (it) The end of the useful life of the battery as set forth In the applicable Operating Instructions At the discretion of Physlo-Control, baltery replacement shall be effected by shipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physio-Control Service Technician. Upon Customer's receipt of a replacement battery, the battery being replaced shall become the property of Physlo-Controt, and Customer must return the battery being replaced to Physio-Control for proper disposal. In the event thai Physio.Control does not receive the battery, Customer will be charged at the then.current rate for the replacement battery. "On-Site Ssrvice" means that a Physlo-Control factory-trained technician will provide service at Customer's location. Services will be performed belween 8:00am and 5:00pm local time, Monday through Friday, excluding holidays. Customer IS to ensure Covered Equipment is available for seNice at scheduled limes. Some service may not be completed On-Site. Physio-Control will cover travel and/or round-trip freight for Covered Equipment that must be senl to our designated service facility for repair. X24.hour On-Site SSlVlce" means that a Physlo-Control factory-trained technician will provide service at Customer's location at any time, except on the holidays listed above. Customer is to ensure Covered Equipment is available for service at scheduled times, Some service may not be completed On-Site. Physio-Control will cover travel and/or round-trip freight far Covered Equipment that must be sent to our designated service (acillly for repair, "Shlp~/n SaN/ce" means that service will be performed at Physlo-Control's designated service facility. Physlo-Control will cover round-trip freight for Covered Equipment that Is sent to our designated service facility for repair, If Covered Equipment Is not avanable as scheduled or Customer requests services or goods not covered by this Agreement or outside of designated service frequency or hours, Physio-Cantrol will charge Customer at Physlo~Control'$ standard labor rates less 10% (including overtime, if appropriate) and applicable traval costs. Parts required far such repairs will be made available at 15% off the lhen-current list price. EXCLUSIONS, Unless otherwise specified, this Agreement does not include: fI supply or repair of accessories or disposables {I repair of damage caused by misuse, abuse, abnormal oparaling condltions, use of balleries or other products not distributed by Physlo-Control, operator errors, or acts of God .. case changes " repair or replacement of ilems not originally distributed or installed by Physio-Control . Upgrades and Installation of Upgrades e battery maintenance, performance testing, evalualion, removal and recycling Reference Number: C57-1926 Prinled: 311912013 Renewal Page 2 of 6 LOANERS. If Covered Equipment must be removed from service to complete repairs, Physio-Control will provide Customer with a lOaner device, if one Is available, unlil the Covered Equipment Is returned, Customer assumes complete responsibility for the loaner and shall relum the loaner at Customer's expense to Physlo~Controlln the same condilion as received, upon the earlier of the return of the removed Covered Equipment or Physio-Control's request. UPDATES. "Update" means a change to a device to enhance its current features, stabilily, or software. If Repair and Inspect Service Is designated for Covered Equipment on Schedule A. Physlo-Contl'Ol will install Updates at no additional cost, provided such Updates are Installed at the time of regularly scheduled service If parts must be replaced to accommodate Installation of new software. such parts may be purchased at a rate of 30% less than the Ihen-current list price. Updates installed on Covered Equipment designated as Repair Only Service, Inspect Only Service. or at 8 time other than regularly scheduled Repair and Inspect SelVice will be billed on a separate Invoice at the then-current list price less 20%. UPGRADES. "Upgrade" means a major. standalone version of software or the addltlon of features or capabilities to a device. Upgrades must be purchased separately. and are not provided under lhis Agreement. Upgrades are available at a rate of 17% less than the then-current list price. PRICING. Pricing is set forth on the front page of this Agreement. Prices do not Include taxes. Sales, service or use taxes will be invoiced In addition to the price of the goods and selVlces covered by this Agreement unless Physio-Control receives a copy of a valid exemption certificate. If the number or configuration of Covered Equipment changes during the Term, pricing shall be pro-rated accordingly. For Inspection Only Service and Repair and Inspect Service, no pricing deduction will be made for removal of Covered Equipment if an inspection has already been performed during the Tenn. Discounts will not be combined with other special terms, discounts. and/or promotions. PAYMENT. Payment is due within Ihirty (30) days of invoice date. WARRANTY. Physio-Control warrenls services performed under this Agreement and replacement parts provided in performing such services against defects in material and workmanship for ninety (90) days (rom the date a service was performed or a part was provided. Customer's sole remedy shall be reserviclng Ihe affected unit and/or replacement of any part determined to be defectlve. without additional charge, provided Customer notifies Physio-Control of any allegedly defective condition within ten (10) calendar days of Its discovery by Customer. Physio~Conlrol makes no other warranties. express or implied, including. without limitation. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO.cONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. TERM. The initial Term is set forth on the front page of this Agreement. This Agreement shall automatically renew unless terminated by either party with wrlUen notice thirty (30) days prior to the expiration of the Ihan.current term. Prices are subject to change upon renewal. TERMINATION. Either party may terminate this Agreement for material breach by the other party by providing thirty (30) days' written notice to the other party, and provided such breach Is not cured within the notice period. In addition, either party may terminate this Agreement at any time upon sixty (60) days' prior written notice to the other party. In the event of such early termination, Customer shall be responsible for the portion of the designated price which corresponds to the portion of the Term prior to the effective date of termination and the cost of any services rendered during the Term. DELAYS. Physio-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its pertormance resulting from any cause beyond its reasonable control, including, but not limited to, acts of God. labor disputes, labor shortages. the requirements of any governmental authority, war, civil unresl, delays in manufacture, obtaining any required license or permit. and Physio-Control's inabillty to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio~Control's obligations and the performance dates shall be extended for the length of such delay. DEVICE INSPECTION BEFORE ACCEPTANCE. All davices that are not under Physio-Control Limlled Warranty or a current Technical Service Support Agreement must be inspected and repaired (If necessary) to meel original specificallons at then.current list prices prior to being covered under a Technical Service Support Agreement. MISCELLANEOUS. (a) Customer agrees to not employ or offer employment to anyone performing services on Physlo~Control's behalf during the Term of thiS Agreement or for one (1) year following Its expiration without Physio-Conlral's prior written consent; (b) this Agreement, and any related Obligation of other party, may not be assigned in whole or in part without the prior written consent of the other party; (c) this Agreement shall be governed by lhe laws of lhe State in which the service Is provided; (d) all costs and e)(penses Incurred by the prevailing party related to the enforcement of its rights under this Agreement, Including reasonable a!!orney's fees, shall be reimbursed by the other party. Reference Number: C57.,1926 Prinled: 311912013 Renewal Page 3 of 6 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Conlract Number: Servicing Rep: Dislrict: Phone: FAX: Michael Flowers, WECC57 SOUTHWEST 800-772-3340 Equipment Localion: CALHOUN CTY EMS, 0221190 I 705 CTY RD 101 PORT LA V ACA, TX 77979 Scope Of Service On Sile Repair and I On Site Inspection per Year:M-F,Ig-5 Ref. Effecllve Expirallon Total Model Pnrt Number Serial Number Line Dale Date Inspectlons LlFEPAK@12 VLP12-02-005013 32333378 21112013 113112014 LlFEPAK@ 12 VLPI 2-02-0050 13 32333372 2 211/2013 113112014 LlFEPAK@ 12 VLP 12-02-002936 32114019 3 2/112013 1/3112014 LlFEPAK@ 12 VLP 12-02-002936 32114018 4 21112013 113112014 LlFEPAK@ 15 VI5-2-001566 40256032 5 3/612013 113112014 LlFEPAK@ 15 VI5.2.001566 40228319 6 31612013 1/31/2014 L1FEPAK@ 15 VI5-2-001566 40157516 7 21112013 1/31/2014 LlFEPAK@ 15 VI5-2-001566 40157517 8 2/112013 1/31/2014 ... Denotes un inventory line that has changed since the last conlmct revision or addendum. Reference Number: C57-1926 Prinled: 3119/2013 Renewal Page 4 of 6 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK@ 12 DefibriUlJtor/Monitor Repair SClVice includes: Standard detachable hard paddle repairs. Replacement or repair ofPhysio-Control battery charging systems, on a one-for-one basis with the total number of LP12 defibrillatorimonitors ltsted in Schedule A and as detennined necessary by Physio-Control. Power Adapter repair/replacement. Replacement of failed internal coin cell batteries. Preventative replacement of intemal coin cell batteries up to the number of coin cell batteries listed in the Additional Items section of Schedule A according to Physio-Control service specifications. Battery Coverage Replacement of four (4) Physio-Control FASTPAKIj\,. FASTPAK 2. UFEPAK SLA, L1FEPAK NiCd B.tlery every two years, or upon battery failure; OR Replacement of three (3) LIFEPAK Li8ion Batteries every two years, or upon battery failure. Reference Number: C57-1926 Prinled: 3119/2013 Renewal Page 5 of 6 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B L1FEPAK@ 15 Monitor;Oefibrillator Repair Service includes: Standard detachable hard paddle repairs. Replacement or repair of Physio-Control battery charging systems on a one-for-one basis with the total number of lPl5 OefibrillatorlMonitors listed in Schedule A, and as determined necessary by Physio-Control. Power Adapter repair/replacement, Battery Coverage Replacement of three (3) LJFEPAK Li.ion Batteries every two (2) years, or upon battery failure Reference Number: C57-1926 Prinled: 3/19/2013 Renewal Page 6 of 6 CINDY MUELLER COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE ANNEX - 202 S Ann St PORT LA V ACA, TEXAS 77979 (361) 553-4610 MEMORANDUM TO: JUDGE PFEIFER & SUSAN RILEY COUNTY JUDGE'S OFFICE FROM: AUDITORS OFFICE - PEGGY HALL DATE: March 21,2013 RE: AGENDA ITEM - MARCH 28, 2013 AGENDA ITEM THURSDAY, MARCH 28, 2013 ~ Consider and take necessary action to approve the specifications and authorize Atkins North American, Inc. to advertise for the Port Alto Beach Shoreline Restoration and Wetland Conservation Project. Bids will be due by 10:00 AM, Wednesday, May 1,2013 and considered for award Thursday, May 23, 2013. (NF) Highlighted should read: Port Alto Beach and Wetland Restoration and Conservation Project, Coastal Impact Assistance Program Grant F12AF01341 APPROVE THE SPECIFICATIONS AND AUTHORIZE ATKINS NORTH AMERICAN, INC. TO ADVERTISE FOR THE PORT ALTO BEACH SHORELINE RESTORATION AND WETLAND CONSERVATION PROJECT. BIDS WILL BE DUE BY 10:00 A.M. WEDNESDAY, MAY 1, 2013 AND CONSIDERED FOR REWARD THURSDAY, MAY 23, 2013: Kathy Smartt (Smartt Grants): The correct name of the project is Port Alto Beach and Wetland Restoration and Conservation Project, Coastal Impact Assistance Program Grant F12AF01341. Commissioner Fritsch: Port Alto Beach project got CF money to put a couple of groins out there and fill in the beach out there. Kathy Smartt: The Auditor's Office has put in a lot of work on getting the specifications together. Shannon Salyer: Specifications look fine. Judge Pfeifer: How large a project is this? Commissioner Fritsch: $500,000. Judge Pfeifer: For public record, the total cost of the project wiil be around $500,000. Commissioner Fritsch: The total award of the grant is for $669,000. The rest of it is for administrative costs and engineering to restore the Port Alto Beach on the western side of Carancahua Bay off CR 307. When I came into office there was about fifty (50') feet of beach there and there is nothing now. There are 10 acres of Wetlands there that were donated back in 2004 and they are about to become part of the bay. With the money that we have and make that whole again. Kathy Smartt: They are going to build a Y-shaped groin in one area and extend a jetty in another, then throw more sand onto the beach area. We put in for an alternate bid in case there is enough money to add more breakwater work. Commissioner Fritsch: The total project includes two breakwater out in the water to help break up the tide and the water action. We don't think that we have enough money for that, but we're going to bid for the additional at this time as well. Judge Pfeifer: There used to be a pretty wide beach area out there. You could drive cars down it. People would come from EI Campo and other areas to swim and all that. There was actually a beach. Now there is only a cement barricade along there. Commissioner Fritsch: I put the barricades across there to keep people from driving out there. Hopefully by the end of the year we hope to have it lined out and have more beach out there. A Motion to approve the bid specifications and authorize Atkins North American, Inc. to advertise for the Port Alto Beach and Wetland Restoration and Conservation Project, Coastal Impact Assistance Program Grant F12AF01341 was made by Commissioner Fritsch and seconded by Commissioner Lyssy. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. INVITATION FOR BIDS BID # 5107-484-01 Proiect: Port Alto Beach and Wetland Restoration and Conservation Project Coastal Impact Assistance Program Grant F12AF01341 ALL BIDS ARE DUE by 10:00 a.m. on May 1, 2013. All interested parties are required to attend a mandatory PRE-BID CONFERENCE at 10:00 on APRIL 9 at the County Precinct #3 Office, 24627 State Highway 172, (361) 893-5346. The BID must be submitted in triplicate and in sealed envelopes, addressed to the Honorable Michael J. Pfeifer, Calhoun County Judge, Calhoun County Courthouse, 211 S. Ann St., Ste. 301, Port Lavaca, TX 77979. Each sealed envelope containing a BID must be plainly marked "Port Alto Beach and Wetland Restoration and Conservation Project" and the envelope should bear on the outside the name of the Bidder, address, and license number (if applicable). Offers by telegram, telephone, facsimile or electronic mailing are not acceptable. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope with the notation "BID ENCLOSED" and addressed to the Honorable Michael J. Pfeifer, Calhoun County Judge, Calhoun County Courthouse, 211 S. Ann St., Ste. 301, Port Lavaca, TX 77979. Proiect Description: The purpose of the Project is to protect the public park shoreline and intertidal marsh at Port Alto Beach. The Project contains two (2) phases of construction. Phase I will be the primary project, which includes construction of a Y- groin, north jetty, and beach fill. It involves placing approximately 8,000 tons of rock and 4,100 tons of sediment from upland sources. Phase II will be a bid alternate that includes construction of offshore breakwaters and rehabilitation of the existing groin. The County has the option to accept all, some, or none of the bid options. Bid Packaae: Contract documents may be viewed at the Calhoun County Auditor's Office, 202 S. Ann St., Ste. B, in Port Lavaca. No copying facilities are available. A request for a solicitation package must be made to Atkins North America, Inc., 6504 Bridge Point Parkway, Ste. 200, Austin, TX 78730 or (512) 327-6840. Atkins will forward one digital copy of the solicitation package on CD after collection of a non-refundable $10.00 fee or mail a hardcopy package after collection of a non-refundable $100.00 fee. Requests must include a return street address; post office boxes are not acceptable. Partial sets of plans and/or specifications are not available. The project schedule is 182 calendar days from notice to final completion. The total project budget is $500,000. Date: March 30, 2013 Owner: Calhoun County Proiect: Port Alto Wetland Restoration & Conservation Project Description: Calhoun County is currently requesting bids for its Port Alto Beach Wetland Restoration & Conservation Project. The project is located in Port Alto, within Calhoun County, Texas and involves placing approximately 8,000 tons of rock and 4,100 cubic yards of sediment from upland sources. GLO and USACE Permits have been obtained by the County for this project. There are 182 calendar days (November 29,2012) allowed for construction (final completion). A mandatory pre-bid meeting will be held on Tuesday, April 9, 2013 at 1 0:00am at County Commissioner Precinct #3, 24627 State Highway 172,Port Lavaca, TX. 77979. The bids from qualified contractors will be due to the Calhoun County Purchasing Department, Courthouse Annex Building, 202 S. Ann St, Ste B, Port Lavaca, TX 77979, by 10:00am CST on Wednesday, May 1, 2013. More information and bid documents can be found on the County's website at www.calhouncotx.orq INVITATION FOR SEALED BIDS AND CONTRACT DOCUMENTS FOR THE PORT ALTO BEACH AND WETLAND RESTORATION AND CONSERVATION PROJECT, COASTAL IMPACT ASSISTANCE PROGRAM GRANT F12AF01341 CALHOUN COUNTY, TEXAS "This report was fuuded with qualified outer continental shelf' oil and gas revenues by the Coastal Impact Assistance Program, U.S. Fish and Wildlife Service, U.S. Department of the Interior," PREPARED BY: INS 6504 Bridge Point Parkway Austin, Texas (512) 327-6840 Atkins Project: 100026063 March 2013 1 CONTRAcr DOCUMENTS AND STATEMENT OF WORK FOR THE PORT ALTO BEACH AND WETLAND RESTORATION AND CONSERVATION PROJECT COASTAL IMPACT ASSISTANCE PROGRAM GRANT F12AF01341 BID NUMBER 5107-484-01 A MANDATORY PRE-BID CONFERENCE IS SCHEDULED FOR 10:00 A.M., April 9, 2013 All interested parties are required to attend the Mandatory Pre-Bid Conference. The purpose of this conference is to allow potential respondents an opportunity to present questions and obtain clarification of the requirements of the proposal document. Because Calholln County considers such a conference to be critical to understanding the bid requirements, attendance at the pre-bid conference is Mandatory to qualify as a respondent. Minutes of the conference will not be published. The Port Alto Beach and Wetland Restoration and Conservation Project contains two (2) phases of construction. Phase I will be the primary project which includes construction of the Y-Groin, North Jetty, and Beach Fill. Phase II will be the bid alternate that includes construction of the offshore breakwaters and rehabilitation of the existing groin, The County has the option to accept all, some, or none of the bid options, The Mandatory Pre-Bid Conference will begin at County Commissioner Precinct #3, 24627 State Highway 172, Port Lavaca, TX 77979. In order to view the entire project, the pre-bid conference will also include a tour of the project site. In order to submit a bid, the Bidder shall be required to attend all components of the Mandatory Pre-Bid Conference. It is anticipated that the pre-bid conference will take approximately 2-4 hours. The County will accept written questions only during Ille following fifteen (15) day period: from April 9th to April 24th. No questions in any form will be accepted prior to, or after, the above stated dates. BID OPENING: 10:00 A.M., May I, 2013 Honorable Michael J. Pfeifer's Office, Calhoun County Judge at the Calhoun County Courthouse, 211 S. Ann St. Ste. 301, Port Lavaca, TX 77979 2 TABLE OF CONTENTS SECTION I: INSTRUCTIONS TO RESPONDENTS ................................ ............ ......................................................6 ITEM I: DEFINITIONS .. ..................................................................................................................................6 ITEM 2: INVITATION FOR BIDS ...................................................................................................... .............6 ITEM 3: RECEIPT AND OPENING OF BIDS.................................................................................................6 ITEM 4: PLANS AND OTHER CONTRACT DOCUMENTS ........................................................................7 ITEM 5: EXAMINATION OF CONTRACT DOCUMENTS AND WORK AREA........................................7 ITEM 6: ADDENDA - CHANGES WHILE BIDDING....................................................................................8 ITEM 7: PREPARATION AND ORGANIZATION.......... ............................................................. ........... .......9 ITEM 8: SUBCONTRACTS ...........................................................................................................................10 ITEM 9: EQUAL EMPLOYMENT OPPORTUNITY ....................................................................................10 ITEM 10: NON-SEGREGATED FACILITIES REQUIREMENTS .................................................................12 ITEM 11: SIGNATURE AND CERTIFICATION REQUIREMENTS ............................................................12 ITEM 12: DELIVERY OF BIDS .......................................................................................................................12 ITEM 13: BUY AMERICAN REQUIREMENTS.............................................................................................13 ITEM 14: BID BOND...................................................................................................... ..................................13 ITEM 15: WITHDRAWAL OF BIDS ...............................................................................................................13 ITEM 16: DISQUALIFICATION OF RESPONDENTS ....................................... ....................... ....................14 ITEM 17: REJECTION OF IRREGULAR BIDS.............................................................................................. 14 ITEM 18: METHOD OF AWARD - DETERMINATION OF THE SUCCESSFUL RESPONDENT ............14 ITEM 19: POWER OF ATTORNEY AND COUNTERSIGNATURE............................................................. 15 ITEM 20: EXECUTION OF AGREEMENT.....................................................................................................15 ITEM 22: FAILURE TO EXECUTE AGREEMENT .......................................................................................16 ITEM 23: USE BY OTHER STATE OF TEXAS GOVERNMENTAL ENTITIES......................................... 16 ITEM 24: NOTICE AND SERVICES THEREOF ............................................................................................16 ITEM 25: TEXAS SALES TAX..................................................................................................................... ...16 ITEM 26: TIME OF COMPLETION ................................... .............................................................................16 ITEM 27: PROTEST PROCEDURES ..................................................................... ....................... ...................17 ITEM 28: PROJECf BUDGET ..................................................................................................... ...................17 ITEM 29: AMERICANS WITH DISABILITIES ACT..................................................................................., 17 ITEM 30: GUARANTEE OF FAITHFUL PERFORMANCE AND PAYMENT ...........................................17 ITEM 31: CONSTRUCTION SCHEDULE ....................................................,.................................................18 ITEM 32: SCHEDULE OF VALUES ...............................................................................................................18 ITEM 33: PAyMENT...........,........................................ ...............................,....................................................18 SECTION II: FORMS .................................................................................................................................................20 3 BID FORM ....................................................................................................... ......................................................20 BID SCHEDULE ....................................................................................................................................................21 STATEMENT OF QUALIFICATIONS BID NUMBER 5107-484-01..................................................................26 NON-COLLUSION AFFIDAVIT ..........................................................................................................................31 CERTIFICATION OF MATERIAL CONFORMANCE WITH THE SPECIFICATIONS ...................................32 BID BOND FORM ............................ .....................................................................................................................33 CERTIFICATE AS TO CORPORATE PRINCIP AL....................................... ............................................. .........34 CERTIFICATION CLEAN AIR ACT/CLEAN WATER ACT .............................................................................35 CERTIFICATION REGARDING DEBARMENT AND LOBBYING .............................. ...................................36 ASSURANCES - CONSTRUCTION PROGRAMS FORMS .............................. .............................................. ...37 NO BID FORM ............................................................................ ............ ......... ......................................................38 NOTICE OF AWARD ............................................................................................................................................39 NOTICE TO PROCEED.......................................................................................................... ...............................40 CHANGE ORDER........................................................................... .......................................................................41 PERFORMANCE AND PAYMENT BOND .........................................................................................................42 FINAL RELEASE OF LIEN ............. ............................................................................ .........................................43 AFFIDAVIT........ .................................................... ................ ................................................................. ...............44 SECTION Ill: (DRAFT) AGREEMENT ............................................................... ....................... ..............................45 SECTION IV: GENERAL CONDITIONS (EXHillIT A) .....................................................................................53 GC-l: DEFINITIONS .......................................................................................................................................... ...53 GC-2: CORRELATION AND INTENT OF DOCUMENTS.................................................................................55 GC-3: DUTY TO INSPECT, DISCLOSE DEFECTS IN SPECIFICATIONS, AND ONGOING WORK ...........55 GC-4: ACCESS, WORK AREA, GATES ..............................................................................................................56 GC-6: PERMITS, REGULATIONS, AND LICENSES .........................................................................................58 GC-7: PROJECT SCHEDULING AND WORK PLANNING...............................................................................58 GC-8: CONTRACT DRAWINGS AND SPECIFICATIONS ................................................................................59 GC-9: CONTRACTOR'S QUESTIONS OR ISSUES REGARDING PERFORMANCE OF THE WORK .........60 GC-lO: PROTECTION OF THE WORK, COUNTY EQUIPMENT, AND PROPERTY....................................61 GC-l I : COUNTY INSPECTION AND TESTING OF WORK, REJECTION OF WORK AND MATERIALS, TOOLS, PLANTS, AND EQUIPMENT ...................................................... ..... ....................... ..............................61 GC-12: MATERIAL SUBSTITUTION.................................................................................... ..............................62 GC-13: MODIFICATION OF SPECIFICATIONS NOT AFFECTING TOTAL COMPENSATION OR ...........63 COMPLETION DATE ...................................................................................................................... .....................63 GC-l4: CONTRACT AMENDMENTS; CHANGE ORDERS ........................ ................................................... ...63 GC-15: EMERGENCY CHANGES IN THE WORK ........................................ ....................................................64 GC- 16: FORCE MAJEURE; DELAYS; EXTENSION OF COMPLETION DATE .............................................64 4 GC-17: COUNTY REMEDIES FOR NON-PERFORMANCE .............................................................................65 GC-18: COUNTY TERMINATION FOR CAUSE ...............................................................................................65 GC-19: TERMINATION FOR CONVENIENCE ..................................................................................................66 GC-20: COUNTY'S RIGHT TO STOP WORK ................,.................................................,.................... ..............66 GC-21: CONTRACTOR'S RIGHT TO STOP WORK AND/OR TERMINATE AGREEMENT .........................67 GC-22: USE OF COMPLETED PORTIONS OF THE WORK............................................................................67 GC-23: REMOVAL OF EQUIPMENT; CLEANUP................................................... ........................................ ...67 GC-24: INSURANCE...........,............................................................................................ .....................................68 GC-25: BONDS .................................................................................................. ............,.......................................72 GC-26: DIVERSITY ..................,...,........................................... ...................... ........................,..............,...............72 GC-27: LIENS .............................................,...........................................,.. ..........,.................,...............................72 GC-28: COORDINATION WITH THE COUNTY AND OTHER COUNTY CONTRACTORS ........................ 73 GC-29: SAFETy.........................................................,.................................,............'...........................,................ 73 GC-30: PROTECTION OF LAND AND WATER RESOURCES ........................................................................74 GC-31: AVOIDANCE OF PUBLIC OR PRIV ATE NUISANCE..........................................................................74 GC-32: DISPUTE RESOLUTION ........................................ ............................................. ....................................74 GC-33: SUBSTANTIAL COMPLETION; PUNCH LIST ..................................................................................... 75 GC-35: WARRANTY.. ..........................,................................................................................................,............... 76 GC-36: WORK SCHEDULE..................................................................................................... ............................. 76 GC-37: GENERAL NOTES ,................,.............................................................................................,................... 77 SECTION V: EXHIBIT B: (DRAFT) STATEMENT OF WORK.........................................................................79 EXHIBIT C: PORT ALTO BEACH AND WETLAND RESTORATION AND CONSERVATION PROJECT DESIGN PLANS ............................................... .....................................................................................................81 EXHIBIT D: TECHNICAL SPECIFICATIONS ..........................................,........,.....................................,..........82 ATTACHMENT I: SUPPLEMENTAL INSTRUCTIONS..........................,.........................................................83 ATTACHMENT 2: AlA PAYMENT APPLICATION ..........................................................................................84 5 ITEM I: ITEM 2: ITEM 3: SECTION I: INSTRUCTIONS TO RESPONDENTS DEFINITIONS The definitions of certain terms used in these Contract Documents are given in the Section IV: General Conditions. INVITATION FORBIDS Competitive sealed Bids shall be received by the Honorable Michael J. Pfeifer, Calhoun County Judge, 211 S. Ann St., Ste. 301, Port Lavaca, TX 77979, until 10:00 a.m. CST, May 1,2013, and publicly opened at that time for Bid Number 5107-484-01, Port Alto Beach and Wetland Restoration and Conservation Project. Calhoun County (hereafter 'the County") is inviting sealed Bids from responsive and responsible bidders for the construction of restoration and conservation efforts at Port Alto Beach. These goods/services are more specifically described in this Invitation ForBid (IFB). The Port Alto Beach and Wetland Restoration and Conservation Project contains two (2) phases of construction. Phase I will be the primary project which includes construction of the Y -Groin, North Jetty, and Beach Fill. Phase II will be the bid alternate that includes construction of the offshore breakwaters and rehabilitation of the existing groin. The County has the option to accept all, some, or none of the bid options, Unless otherwise stated or notified in writing, correspondence relating to this IFB will be sent to the County at the address set forth in the heading above, and to the bidder at the address stated on the Bid Response Form. RECEIPT AND OPENING OF BIDS The County invites sealed Bids on the bound forms provided as a part of these documents, for the contract specified in the Advertisement. Bids will be received, publicly opened, and read at the time and place specified in the Invitation for Bid. Respondents or their authorized agents are invited to attend. It is the bidder's responsibility to assure that his Bid is delivered at the proper time and place of the Bid opening. Offers by telegram, telephone, or fax are not acceptable. All Bids must be submitted in triplicate and in sealed envelopes, addressed to the Honorable Michael J. Pfeifer, Calhoun County Judge, 211 S. Aon St., Ste. 301, Port Lavaca, TX 77979. Each sealed envelope containing a Bid must be plainly marked "Port Alto Beach and Wetland Restoration and Conservation Project" and the envelope should bear on the outside the name of the Bidder, address, license number, if applicable, and the name of the project for which the Bid is submitted. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another envelope with the notation "BID ENCLOSED" and addressed to Honorable Michael J. Pfeifer, Calhoun County Judge, 211 S. Ann St., Ste. 301, Port Lavaca, TX 77979. The County may consider incomplete any Bid not prepared and submitted in accordance with the provisions specified herein, and may waive any informalities in the Bid 01' reject any and all Bids. Bids not received within the specified date and time or at the specified location will not be considered and will be returned to the Bidder unopened. No Bidder may withdraw its Bid except as described in Item 13, Withdrawal of Bids. Bids will remain binding upon the bidder for a period of 60 days thereafter. 6 ITEM 4: ITEM 5: Sealed Bids will be exempt from inspection, examination, and duplication until such time as the County issues a notice of decision (Notice of Award) or intended decision (Notice of Intent to Award). This exemption is not waived by the public opening of the Bids. Bid tabulations will be available for review by interested parties at the Calhoun County Auditor's Office, Calhoun County Courthouse Annex II, 202 S. Ann St., Ste. B, TX 77979 for a period of seven (7) days after the Bid opening. Interested parties who do not attend the Bid opening may visit the Calhoun County Auditor's office during normal working hours by appointment for information about the Bid tabulation. Correspondence, materials and documents created or received pursuant to this Invitation For Bids become public records. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. Bidders' failure to provide such records to County will be grounds for unilateral termination by the County. PLANS AND OTHER CONTRACT DOCUMENTS The Plans and other Contract Documents give the location and description of the work to be done hereunder; the quantity of work for which Bids are invited; the time in which the work must be compleled (hereafter collectively referred to as "Ihe Work") and the date, time, and place for the receipt and opening of Bids. The Contract Docllments shall be made available for viewing only, by contacting Calhoun County and may be examined at the Calhoun County's Office, 202 S. Ann St, Ste. B, Port Lavaca, TX 77979. To request a bid package, please contact Atkins North America, Inc., 6504 Bridge Point Parkway, Ste. 200, Austin, TX 78730, at (512) 327-6840. Atkins will forward one digital copy on CD of the bid package after collection of a non-refundable $10.00 fee or a $100.00 fee for a hardcopy set. Return of the documents is not required and the amount paid for the document is non-refundable. Requests for Plans and Specifications must include a return street address; post office boxes are not acceptable. Partial sets of plans and/or specifications are not available. Copies of any and all addenda which may be issued for this Project shall be included with the purchased documents or shall be forwarded to all plan and specification holders. Plans are intended to show general an'angements, design and extent of work, and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the Drawings, Specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Engineer. Unless otherwise specifically mentioned, the Work refers to labor, materials, equipment, transportation, supporting documentation, and all other products, services, or facilities required in connection with the construction of the jetty, groins, breakwaters and beach fill to make a complete, serviceable, finished and first quality product, whether or not called for by the Contract Documents. EXAMINATION OF CONTRACT DOCUMENTS AND WORK AREA Bidder shall be responsible for carefully examining the general area of the Work, the requirements of the Plans and other contract documents related to the Work, and any other details of the proposed project. Bidder shall satisfy itself from its own personal knowledge and experience 01' professional advice as to the character of the project, the conditions and materials to be encountered, the character, quality, and quantities of the Work, and any other conditions of surrounding land affecting the Work. Bidder is solely responsible for being solely informed of the conditions under which the Work is to be performed in relation to existing conditions. 7 ITEM 6: Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance, The County has performed a feasibility level survey and geotechnical analysis that is included in the Bid Documents, This pre-construction survey was used to calculate an estimated quantity of material. This quantity is considered an estimate and is not the basis for payment to the Contractor. The Contractor shall be compensated solely based on the lump sum Bid price. Contractor shall make an assessment of this and any other relevant information necessary in the judgment of the Contractor. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. Contractor shall locate all existing roadways, railways, drainage facilities, and utility services above, upon, or under the Project Site, said roadways, railways, drainage facilities and utilities. Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. Failure to satisfy the obligations of this paragraph will not relieve a successful Bidder of its obligation to furnish all material, equipment, and labor necessary to carry out the provisions of the contract and to complete the Work for the consideration set forth in this Bid, Any such failure will not be sufficient cause to submit a claim for additional compensation. No verbal agreement or conversation with any officer, agent, employee of the County, or Engineer, either before or after the execution of the contract, shall affect or modify any of its terms. ADDENDA" CHANGES WHILE BIDDING Addenda are written or graphic documents issued prior to the receipt of bids which modify or interpret the Bidding Documents, including Plans and Specifications, by additions, deletions, clarifications, or corrections, Addenda will become part of the Contract Documents when the Construction Contract is executed. Calhoun County reserves the right to delay scheduled IFB due dates if determined to be in the advantage of the County. Any changes, delays or addenda related to this IFB issued by the County will be sent to all persons/firms recorded as having attended the mandatory pre-bid meeting. No interpretation of the meaning of the specifications or other Contract Documents, nor correction of any apparent ambiguity, inconsistency, or error therein, will be made to any Bidder orally. Only the interpretation or correction given by the County in writing shall be binding. Prospective Respondents are advised that no other source is authorized to give information concerning, explaining, or interpreting Contract Documents. Any information obtained from an officer, agent, or employee of the County or any other person shall not affect Bidder's risks or obligations or relieve it from fulfilling any and all conditions of the contract. 8 ITEM 7: Every request for interpretation or correction should be addressed to Calhoun County Commissioner Neil Fritsch, Precinct 3, 24627 State Highway 172, Port Lavaca, TX 77979, and must be received at least seven (7) calendar days prior to opening of Bids in order to be considered. Requests may be submitted by fax at 361-893-5309 or bye-mail at neiIJritsch@calhouncotx.ol'g, All such interpretations and supplemental instructions will be in the form of written addenda to the Contract Documents, which, if issued, will be provided to all prospective Respondents bye-mail (at the respective e-mail addresses furnished for such purposes) not later than four (4) days prior to the date fixed for the opening of Bids. Bidder shall acknowledge receipt of all addenda in the Bid. If Bidder fails 10 acknowledge such receipt in Ihe space provided in the Bid form, submission of the Bid shall constitute acknowledgment of such receipt and the Bid will be construed as Ihough all addenda had been received and acknowledged. Failure of the Bidder to receive any addenda shall not relieve Bidder from any and all obligations under the Bid, as submitted, All addenda shall become part of the Contract Documents, PREPARATION AND ORGANIZATION Responsive bids will contain all of the following elements at the time of submittal. Failure to include anyone of the following requirements will be grounds for rejection of the Bid as non- responsive, A. Lump Sum Price Bid. A finn lump sum price Bid must be written on the Bid Response Forms, and include the Bid breakouts where indicated, In the event that there is a discrepancy between the price written in words and the price written in figures, the fanner will govern, Obvious errors in the Bid may be grounds for rejection of the Bid after review by the County, Bids which are incomplete, unbalanced, conditional, obscure, or which contain additions not required or inegularities of any kind, or which do not comply in every respect with the Bid may be rejected at the option of the County, The County does not bind itself to accept the minimum specifications stated herein, but reserves the right to accept any which in the judgment of Calhoun County will best serve the needs and the interest of the County, B. Bid Bond, Bidders will furnish a Bid bond or cashier's check in an amount equal to five percent (5%) of their total project subtotal amount with their Bid response as a guarantee that the awarded bidder will enter into an agreement with the County if awarded this Bid and furnish the required Pe1formance Bond. Respondents shall submit the following fully executed documents on reproduced copies of the attached forms provided in Section II: A. Bid Form B. Bid schedule C, Proposed Subcontractors D, Statement of Qualifications Form E, Non-collusion affidavit F, Certification of material conformance with the specifications G. Bid Bond Form H. Certificate as to corporate principal 1. Certification regarding debarment, suspension, and other responsibility matters Respondents shall submil one (I) original and Iwo (2) copies of their Bid package in the form and manner specified above, All Bids must be made on the required Bid form, All blank spaces on the Bid Documents shall be typewritten or legibly printed in non-erasable ink, Bidder shall specify the cost for anyone complete Bid item or the entire Work described in the Contract Documents in figures as indicated by the spaces provided on the Bid Response Form, All corrections made to the 9 ITEM 8: ITEM 9: Bid by the bidder must be inilialed. All blank spaces on the Bid form shall he Iyped or legibly printed in ink. If not submitting a Bid, respond by returning the Statement of No Bid and explain the reason in the spaces provided. Failure to respond three times in succession without justification shall be cause for removal from the Bid mailing list. Note: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated Bid opening date and hour. SUBCONTRACTS Bidder shall identify all portions of the Work Bidder intends to perform through Subcontractors for each subcontract on the attached Proposed Subcontractors form. Each person, company, firm, or other entity that Bidder proposes to award a subcontract lllllst be acceptable to the County. Acceptance of the Bid does not constitute approval of the Subcontractors identified with the Bid. All Subcontractors must sign and present the SF424d Form - Assurances - Construction Programs, as well as the prime Contractor. Nothing in this Agreement will create, or be implied to create, any relationship between the County and any Subcontractor of the second party. EQUAL EMPLOYMENT OPPORTUNITY DISCRIMINATION: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Contractor shall take affirmative action to employ, advance in employment and otherwise treat qualified individuals without regard to their race, color; religion, sex, national origin, or physical or mental handicap. Such action shall include, but not be limited to the following: employment upgrading, demotion or transfer, recmitment or advertising, layoff or termination, rates of payor other forms or compensation, and selection for training, including apprenticeship. Contractor shall include the provisions of this clause in every subcontract or purchase order of $2,500 or more. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall not use the goals set forth below or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. SUBCONTRACTS: The Contractor shall cause the provisions herein to be inserted in all subcontracts for any Work covered by this Contract or in all purchase orders unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246, as amended, so that such provisions shall be binding upon each Subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order, as the contracting agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided however, that in the event Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the contracting agency, Contractor may request the United States to enter into such litigation to protect the interest of the United States. 10 The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts. MINORITY/FEMALE PARTICIPATION GOALS: A single goal for minorities and a separate single goal for women has been established below. The goals for minority and female participation for each trade for the duration of this Contract shall be applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. The goal for minority participation for each trade for the duration of this Contract is 27.4%. The goal for female participation for each trade for the duration of this Contract is 6.9%. Contractor, however, is required to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minodty. OPPORTUNITY FOR EOUAL EMPLOYMENT: The Contractor shall take affirmative actions to ensure equal employment opportunity. The evaluation of Contractor's compliance with these Specifications shall be based upon Contractor's effort to achieve maximum results from its actions. The Contractor is encouraged to participate in voluntary associations which assist in fulfilling their affirmative action obligations. To the greatest extent feasible, Contractor shall provide opportunities for training and employment to lower income residents of the project area, and to endeavor to sub-contract work in connection with the project to business concerns which are located, or owned in substantial part by persons residing in, the project area. The Contractor shall cause the same proVISIOns relating to lower income residents and local business concerns to be inserted into all subcontracts for any Work covered by this Contract. REQUIRED NOTICES: The Contractor shall send to each labor union or representative of workers with whom he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor umon or workers' representative of Contractor's commitments under Section 202 of Executive Order No. 11246, as amended (3CFR 169 (1974)), and shall post copies of the notice in conspicuous places available to employees and applicants for employment. COMPLIANCE REGULATIONS: The Contractor shall comply with all provisions of Executive Order No. 11246, as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. The Contractor shall furnish all information and reports required by Executive Order No. I] 246, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated, or suspended in whole or in part. and Contractor may be declared ineligible for. further Government contracts in accordance with procedures authorized in Executive Order No. 11246, as amended, 11 ITEM 10: ITEM 11: ITEM 12: and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246, as amended, or by rules, regulation or orders of the Secretary of Labor, or otherwise provided by law. LIMITATION CLAUSE: Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. NON.SEGREGA TED FACILITIES REQUIREMENTS Segregated Facilities means any waiting rooms, work areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. Segregated facilities shall not be provided or maintained by Contractor for employees at any of Contractor's establishments. The Contractor's employees shall not be permitted any segregated facilities at any of Contractor's establishments. Contractor shall not pennit employees to perform their services at any location, under Contractor's control, where segregated facilities are maintained. SIGNATURE AND CERTIFICATION REQUIREMENTS The Bid must be signed and dated by an officer (or employee) .who is duly authorized to execute this contract, that this company, c0l1JOratiOIl, finn, partnership or individual has not prepared this bid in collusion with any other VendOl~ and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to Calhoun COllnty or any other person engaged in this type of business prior to the official opening of this bid. Corporations chartered in states other than Texas shall submit evidence of registration with the Secretary of Slate for doing business in the state of Texas. All Respondents shall certify that all persons or entities having an interest as principal in the submittal of the Bid or in substantial performance of the Work have been identified in the Bid forms. DELIVERY OF BIDS All Bids shall be submitted to the attention of Ihe Honorable Michael J. Pfeifer, Calhoun County Judge, 211 S. Ann St., Ste. 301, Port Lavaca, TX 77979 in sealed envelopes with the Bid number, Project Name and Bid opening time and date (as advertised) clearly marked in large, bold, and/or colored lettering. The Bid shall be hand delivered or mailed, preferably by certified mail. In the event you decline to submit a Bid, the County would appreciate submittal of the No Bid form provided in the Bid Documents to describe the reason for not submitting a Bid. 12 ITEM 13: ITEM 14: ITEM 15: BUY AMERICAN REQUIREMENTS ~ 12.730 Buy American Act-Supplies. (a) The Buy American Act (41 U.S.c. 10) provides that the Government give preference to domestic end products. Components, as used in this clause, means those articles, matetials, and supplies incorporated directly into the end products. Domestic end product, as used in this clause, means an unmanufactured end product mined or produced in the United States, jf the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as the products referred to in paragraphs (b )(2) or (3) of this clause shall be treated as domestic. End products, as lIsed in this clause, means those articles, materials, and supplies to be acquired for public use under this contract. (b) The Contractor shall deliver only domestic end producls, except those- (I) For use outside the United States; (2) That the Government determines are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; (3) For which the head of the grantee organization or a designee at a level no lower than the grantee's designated awarding official determines that domestic preference would be inconsistent with the public interest; or (4) For which the head of the grantee organization or a designee at a level no lower than the grantee's designated awarding official determines the cost to be unreasonable (see ~ 12.715). BID BOND For the purposes of this Bid, a Bid Bond is required. Each Bid shall be accompanied by a Bid bond in the form of a cashier's check, made payable to the County, or a Bid bond. Cash will not be accepted as a Bid Bond. The Bid bond shall be written through a licensed Texas agency with a company licensed to do business in the state of Texas and meeting the requiremenls of the GENERAL CONDITIONS. The Bid bond so furnished shall be for five percenl (5%) of the "Total Bid Cost" indicated on the Bid. Such check or Bid bond shall guarantee Ihat the Bid shall remain firm for a period of sixty (60) days after the designated date and hour set for the Bid opening; that if the Bid is accepted, the Bidder shall enter into a formal contract with the County in accordance with the form included as part of the Contract Documents; and that the Bidder shall provide the required Performance and Payment Bond and Certificates of Insurance. In the event of withdrawal of the Bid after the Bidder has received notice of acceptance of the Bid, the Bidder shall be liable to the County for Ihe full amount of the Bid bond as representing the damage to Ihe County on account of the default of Ihe Bidder. The Bid bond will be refunded to all except the three lowest responsive Respondents within ten (10) days after the opening of Bids. The remaining Bid bond refunds will be made within lhirty (30) days after the County and the successful Bidder have executed the contract and all other necessary or appropriate documents for the Work. WITHDRAWAL OF BIDS The Bidder may withdraw its Bid, with no forfeiture of the Bid bond, provided it submits such a written request to the County prior to the designated date and hour of Bid opening. 13 ITEM 16: ITEM 17: ITEM 18: The Bidder may withdraw its Bid within 72 hours after the designated date and hour of Bid opening, with fOlfeiture of the Bid bond. The Bidder may be permitted to withdraw its Bid no later than 72 hours after the Bid opening for good cause, as determined by the County within its sole discretion and judgment. Withdrawal of a Bid within sixty (60) days after the opening of bids is subject to suspension 01' debarment for up to three years. DISQUALIFICATION OF RESPONDENTS Any of the following causes shall be considered as sufficient grounds for the disqualification of a Bidder and the rejection of his Bid: A. Submission of more than one Bid for the same work by an individual, firm, partnership, or corporation under the same or different names; B. Evidence of collusion among Respondents; C. Submission of materially false information with the Bid; D. Information gained through checking of references or other sources which indicates that the Bidder may not successfully perform the Work; E. Incomplete work for which the Bidder is committed by contract which, in the sole judgment of the County, might hinder or prevent the prompt completion of work under this contract if awarded to Bidder; F. Bidder is in arrears on any existing contract with the County; G. Bidder has defaulted on a previous contract with the County; H. The County reserves the right to reject any Bid if the evidence submitted by, 01' the investigation of, such Bidder fails to satisfy the County that such Bidder is properly qualified to cany out the obligations of the Agreement and to complete the Work required herein in a manner acceptable to the County and within the time period specified; 1. Any other cause which, in the County's sole judgment and discretion, is sufficient to raise doubt regarding the ability of a respondent to perform the Work in a manner that meets the County's objectives for the performance of the Work. If, prior to the issuance of the Bid documents, the Coonty considers item (F) to he applicahle to any prospective Bidder, the County will attempt to notify said prospective Bidder, who will not be allowed to pick up Bid documents or submit a Bid for the Work. If a Bid is submitted, the County will notify the prospeclive Bidder and the Bid will not be opened. REJECTION OF IRREGULAR BIDS Bids will be considered in'egular and may be rejected if they show material omissions, alterations of form, additions not called for, conditions, limitations, unauthorized alternate Bids, or other material irregularities of any kind. The County reserves the right to waive any minor deviations 01' irregularities in an otherwise valid Bid. METHOD OF AWARD - DETERMINATION OF THE SUCCESSFUL RESPONDENT Bids will he compared 011 the hasis of the Bidder's "Total Bid Cost" items listed in the Bid. A. The County reserves the right before awarding the Contract, to require a Bidder and his Subcontractors to submit such evidence of their qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Contractor to perform the work in a satisfactory manner and within the time specified. 14 ITEM 19: ITEM 20: The Bidder is assumed to be familiar with all federal, state or locallaw8, ordinances, rules and regulations that in any manner affect the work, and to abide thereby if awarded the Bid. Ignorance of legal requirements on the part of the Bidder will in no way relieve him of responsibility. Bidders are encouraged to verify the qualifications and pelformance record of any and all proposed Subcontractors to ensure acceptability. Inclusion of any unqualified or unacceptable Subcontractor, in the opinion of the County, will be ground for disqualification. B. If two or more Bids are equal in all respects, the contract shall be awarded as follows: (a) to the Bidder Ihat has certified compliance with the Drug-Free Workplace Act of 1988 and; if inapplicable, (b) a tie Bid shall be awarded by lot. A Drug-Free Workplace form is attached to Bid documents. Said determination shall be conducted by the County and shall be witnessed by at least three (3) representatives of the County, and may be attended by any and all Respondents or their representatives. C. If, at the time the contract is to be awarded, the lowest "Total Bid Cost" submitted by a responsive, responsible Bidder does not exceed the amount of funds available for the Work, as estimated by the County, the contract will be awarded based thereon, subject to any modifications resulting from the acceptance by the County of any alternatives listed in the Bid that the County deems to be in its best interest. If said Bid exceeds such estimated amount, the County reserves the right to increase, decrease, or delete any class, item, or part of the Wark. The County may discuss alternatives for reducing the cost of the Work with Respondents and make such modifications to the Work as the County determines to be in its best interest. D. Subjecl to the limitations in sub-paragraphs (a), (b), and (c), above, the contracl will be awarded to the lowest responsive, responsible Bidder, which shall mean the Bidder whose Total Bid Cost is numerically the lowest of those Respondents, and who shan demonstrate, in accordance with all of the requirements of the Bid documents, a verifiable history of the skin, ability, integrity, and reliability necessary for the faithful performance of the Work hereafter the "Successful Bidder"). The County reserves the right to enter into a contract with the next lowest available bidder in the event the Bidder awarded the contract fails to enter into a contract, or the contract with said Bidder is terminated within 90 days of its effective date. E. The County reserves the right to reject any and all bids when it determines, in its sole judgment and discretion that it is not in its best interest to award the contract. F. Upon satisfactorily determining the Successful Bidder, and unless all Bids are rejected, a contract substanlially in the form attached in Section III: Agreement, shall be awarded within sixty (60) days of the Bid opening, unless extended by mutual agreement of the pmiies. All Respondents shan be notified of the County's intent to award or decision to award the contract; provided, however, that for the purpose of filing a Bid protest under Seclion 262.027(h), Texas Stat., and the time period shall commence as provided in NOTICES AND SERVICES THEREOF. POWER OF ATTORNEY AND COUNTERSIGNATURE Attorneys-in-fact who sign Bid Bonds and Performance and Payment Bonds must file with such bonds a certified copy of their power of attorney to sign such bonds. An bonds must be countersigned by a resident Texas agent of the Surety, with proof of agency attached. EXECUTION OF AGREEMENT Two copies of the Agreement in the form attached will be provided to the lowest responsive and responsible Bidder. The Bidder, within ten (10) days of the date of receipt, shall execute and return both copies of the contract to County, along with the following: 15 ITEM 22: ITEM 23: ITEM 24: ITEM 25: ITEM 26: A. The completed Pelformance and Payment Bond form B. A completed Internal Revenue Service Form W-9 C. Satisfactory evidence of all required insurance coverage D. Proof satisfactory to the County of the authority of the person or persons executing the Agreement on behalf of Bidder E. Construction Schedule and Schedule of Values F. All other information and documentation required by the Contract Documents The County will not execute the Agreement until the above documents have been executed and delivered to the County. The Agreement shall not be binding until execuled by the County, with a copy of the fully executed Agreement delivered to Contractor. The County reserves the right to cancel the award thereof without liability except for the return of the Bid bond, at any time before the Agreement has been fully executed by all parties and delivered to Contractor. FAILURE TO EXECUTE AGREEMENT Failure upon the part of the Successful Bidder to submit the evidence required in EXECUTION OF AGREEMENT (above), within the time frames eSlablished Iherein shall be just cause, if the County so elects, for the recommended award to be annulled. In such event, the County shall be entitled to the full amount of the Bid bond, not as a penalty, but in liquidation of and compensation for damages sustained. USE BY OTHER STATE OF TEXAS GOVERNMENTAL ENTITIES Item 23 not used. NOTICE AND SERVICES THEREOF A. The County shall publish notice of specifications and criteria, including addenda, intended agency decisions or other matters pertinent to this solicitation on the County website. htto://www.calhouncotx.on! B. Notices that are posted on the County website shall be deemed received at 8:00 a.m. on the next business day following the date published. Notices shall be posted for a minimum of 72 hours following the time at which they are deemed received. C. Notices sent by email or-facsimile shall be deemed received at 8:00 a.m. on the next business day following the date of posting on the County website. D. The time period for filing a Notice of Bid Protest pursuant to section 262.027(h), Texas Stat., shall commence at the time notices are deemed received, as provided in paragraph (b), above. TEXAS SALES TAX Calhoun County is exempt from Sales and Use Tax and Federal Excise Tax. The bid must not include these taxes. TIME OF COMPLETION Bidder agrees that time of completion is of the essence and that if awarded the Agreement, it shall proceed with the Work in accordance with the approved schedule and within the time period specified therein. There are twenty-four (24) weeks, (168 calendar days) from Notice 10 Proceed to substantial completion and twenty-six (26) weeks, (182 calendar days) from Notice to Proceed to final completion of construction. In the event Bidder fails to complete the project within the time specified, the County shall impose liquidated damages as provided in the Agreement. 16 ITEM 27: ITEM 28: ITEM 29: ITEM 30: PROTEST PROCEDURES Any actual or prospective vendor who believes they are aggrieved in connection with or pertaining to an IFB may file a protest. The protest must be delivered in writing to the Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: 1. Name, mailing address and business phone number of the protesting party; 2. Appropriate identification of the IFB being protested; 3. A precise statement of the reasons for the protest; and 4. Any documentation or other evidence supporting the protest and any alleged claims. The Auditor's Office will attempt to resolve the protest, including at the Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Commissioners' Court. If the Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is desired, Commissioners' Court may notify the necessary party or parties to the protest to provide such information. The decision of Commissioners' Court will be final. PROJECT BUDGET Calhoun County has a total project budget of $500,000 for The Port Alto Beach and Wetland Restoration and Conservation Project. AMERICANS WITH DISABILITIES ACT The County does not discriminate upon the basis of any individual's disability status. This non- discrimination policy involves every aspect of the County's functions including one's access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act, should contact the County. GUARANTEE OF FAITHFUL PERFORMANCE AND PAYMENT Prior to, or immediately upon execution of the contract, a Performance, Payment and Bid Bond satisfactory to the County, and equivalent to the sample Performance, Payment and Bid Bond, which are included in this IFB, will be required of the successful Bidder (Contractor). The Performance, Payment and Bid Bond will be for an amount not less than the lump sum total Bid Price listed on the Bid Form. The cost of this Bond will be included in the lump sum total Price Bid on the Bid Form. This Bid Bond will be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and meet the following requirements. A. The sureties must be rated as 'AAA' or better as to strength by Best's Insurance Guide, published by Alfred M. Best Company, Inc., 75 Fulton Slreet, New York, New York. 17 ITEM 31: ITEM 32: ITEM 33: B. Bonding Limit - Anyon Risk: The bonding limit of the sureties will not exceed ten percent (10%) of the policy holder surplus (capilal and surplus) as listed by Ihe aforementioned Best's Insurance Guide. CONSTRUCTION SCHEDULE Prior to submitting first monthly Application for Payment, Contractor shall submit a complete list of all its proposed Subcontractors and materialmen, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than twenty-five (25) days after the COll1l1lencement Date. The Construction Schedule, which will be accompanied by a Schedule of Values, will be Ihe primary means of control of the project, and will be used as the basis of scheduling all work and for determination of contract progress payments. The Construction Schedule shall become an official contract document. The Construction Schedule will contain a bar chart detailing individual activities of work. The chart schedule will consist of every activity with duration of five days or more, a value of $2,000 or more, or any other activity with a critical impact on the job schedule. Shop drawing submittal and review, equipment delivery and all quality or operational testing activities will be included. SCHEDULE OF VALUES The Contractor shall prepare, submit, and maintain a Schedule of Values for the project satisfactory in form and substance to the Engineer and will subdivide the work into its component parts in sufficient detail to serve as the basis for measuring quantities in place and calculating amounts for progress payments during construction. An unsupported or unreasonable allocation of the contract lump sum price to anyone of the activities and/or work items will be justification for the rejection of the Schedule of Values. The Contractor will not submit an unbalanced Schedule of Values, which provides for overpayment to the Contractor on activities that are to be performed first. The Schedule of Values will be revised and resubmitted until acceptable to the Engineer. The County will not enter into an Agreement with the Contractor until the Schedule of Values has been approved by the Engineer. Once the Schedule has been accepted by Ihe Engineer, the Contractor shall honor prices contained in the Schedule of Values. The total sum of the individual values of the Schedule of Values for each of the activities will equal the total lump sum contract price. PAYMENT Contractor shall submit three (3) copies of its monthly Application for Payment to the Engineer on or before the 251h day of each month for work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within len (10) calendar days after receipl of each Application for Payment, Ihe Engineer shall either: A. Indicate his approval of Ihe requested payment, B. Indicate his approval of only a portion of the requested payment, stating in writing his reasons therefore; or C. Return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. In the event of a total denial and return of the Application for Payment by Ihe Engineer, Ihe Contractor may make the necessary conections and resubmit the Application for Payment. The County shall, within thirty (30) calendar days after the Engineer's approval of an Application for Payment, pay the Contractor the amounts so approved, provided, however, in no event that the 18 County be obligated to pay any amount greater than that portion of the Application for Payment approved by the Engineer. The County shall retain ten percent (10%) of the gross amounl of each monthly payment request or ten percent (10%) of the portion Ihereof approved by Ihe Engineer for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. The Engineer may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections, The Engineer may nullify the whole or any part of any approval for payment previously issued and the County may withhold any agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: A. Defective Work not remedied; B. Third party claims filed or reasonable evidence indicating probable filing of such claims; C. Failure of Contractor to make payment properly to Subcontractors or for labor, materials or equipment; D. Reasonable doubt that Ihe Work can be completed for the unpaid balance of the Contract Amount; E. Reasonable indication that the Work will not be completed within the Contract Time; F. Unsatisfactory prosecution of the Work by the Contractor, or G. Any other matetiaI breach of the Contract Documents. If these conditions are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor whether relating to or arising out of this Agreement or any other agreement between Contractor and the Engineer. 19 SECTION II: FORMS BID FORM BID NUMBER 5107-484-01 Bidder: The undersigned, as Bidder, hereby declares that the only person, persons, or entities interested in this Bid as principal or principals, or as persons or entities who are not principal(s) of the Bidder but are substantially involved in performance of the Work, is Of are named herein, and that no person other than herein mentioned has any interest in this Bid or in the agreement to be entered into; that tills Bid is made without connection with any other person, company, or parties making a Bid; and that it is in all respects fair and in good faith without collusion or fraud. Bidder represents to the County that, except as may be disclosed in an addendum hereto, no officer, employee or agent of the County has any interest, either directly or indirectly, in the business of the Bidder to be conducted under this Agreement, and that no such person shall have any such interest at any time during the term of the Agreement, should it be awarded to the Bidder. Bidder further declares that it has examined the Contract Documents and informed itself fully in regard to all conditions pertaining to the Work; it has examined the specifications for the Work and other Contract Documents relative thereto; it has read all of the addenda furnished prior to the opening of the Bids, as acknowledged below; and it has satisfied itself relative to the Work to be performed. Bidder agrees that if this Bid is accepted, Bidder shall contract with the County in the form of the attached Agreement, shall furnish the required evidence of the specified insurance, and shall, within twenty-six (26) weeks, (182 calendar days) from the issuance of the Notice to Proceed, furnish everything necessary to complete the Work covered by this Bid and other Contract Documents for the County. Bidder further agrees that, ifit fails to complete the Work within the scheduled time as provided in the Agreement or any authorized extension thereof, then liquidated damages shall be deducted from the Total Compensation, as further set forth in the Agreement. Acknowledgment is hereby made of the following addenda (identified by number) received: Addendum No. Date Addendum No. Date Date: Firm name: Signature: This form to be included in Bid Submittal. 20 BID SCHEDULE Bid Number 5107-484-01, Calhoun County Pori Alto Beach and Wetland Restoration and Conservation Project. Bid to be opened at 10:00 a.m., May 1,2013. To: Calhoun County In accordance with this solicitation, the undersigned proposes to perform the specified Work for the price contained in the following schedule (fill in all blanks). If said Bid exceeds the estimated amount previously provided, the County expressly reserves the right to increase or decrease any class, item, or part of the Work, including the right of the County to delete any item, or items, or parts of the Work, as may be determined by Ihe County. The estimated quantities identified below are not guaranteed and are solely for the purpose of comparison of Bids. The Bid will be awarded to the lowest responsive and responsible Bidder for Phase I (lIems I - 10). The Total Mobilization and Demobilization cost shall not exceed fifteen percent (15%) of the Tolal Bid Cost. The Phase I Bid Cost of Items 1 - 10 shall include, but not limited to, equipment, labor, supervision, handling, shipping charges, delivery and incidentals necessary to complete the Work. Any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition unless otherwise indicated. The bidder may offer any brand for which he/she is an authorized representative, which meets or exceeds the Bid specification for any item(s). Ifbids are based on equivalent products, indicate on the Bid Form the manufacturer's name and number. Bidder will submit with his/her proposal, cuts, sketches, and descriptive literature, and/or complete specifications. Reference to literature submitted with a previous Bid will not satisfy this provision. The bidder will explain in detail the reason(s) how the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids which do not comply with these requirements are subject to rejection. Bids lacking any written indication of intent to quote an alternate brand will be received and considered in complete compliance with the specifications as listed on the Bid form. 21 PHASE I (BASE BID): ESTIMATED ITEM DESCRIPTION UNITS QUANTITY UNIT COST TOTAL COST I MOBILIZATION LS I 2 DEMOBILIZATION LS I 3 TEMPORY EROSION & LS 2,220 If* SEDIMENT CONTROL 4 SURVEYING LS I 5 CLEARING & LS I GRUBBING 6 PIPELINE LOCATION LS I 7 BEACH FILL LS 4,160 tons* Sa GEOTEXTILE FABRIC- LS 11,922 sq ft* NORTH JETTY Sb BEDDING STONE- LS 595 tons* NORTH JETTY Sc ARMOR STONE- LS I,S43 tons* NORTH JETTY 9a GEOTEXTILE FABRIC- LS 9,241 sqft* Y-GROIN JETTY 9b BEDDING STONE- LS 340 tons* Y-GROIN JETTY 9c ARMOR STONE- LS S73 tons* Y-GROIN JETTY 10 SIGNAGE - LS 3 NAVIGATION AIDS PHASE I - TOTAL BID: PHASE I - CONTINGENCY (5% OF TOTAL BID): *NOTE: The County has performed a pre-construction survey to calculate an estimated quantity of materials. This quantity is considered an estimate and is not the basis for payment to the Contractor. Payment for this Work shall NOT be based on the quantity of maleria1 (cubic yards, square yards, square feet) added or removed from the Work area. The Contractor shall be compensated solely based on the lump sum bid price. Contractor shall make an assessment of this and any other relevant information necessary, in the judgment of the Contractor, in determining the expected quantity of materials. LS: Lump Sum LF: Linear Foot 22 PHASE II (BID ALTERNATE): ITEM DESCRIPTION UNITS ESTIMATED UNIT COST TOTAL COST QUANTITY lIa GEOTEXTILE FABRIC- LS 12,155 sq ft* SI BREAKWATER lib BEDDING STONE - LS 605 tons* SI BREAKWATER lIe ARMORSTONE- LS 1,843 tOI1S* SI BREAKWATER 12a GEOTEXTILE FABRIC- LS 10,836 sq ft* S2BREAKWATER 12b BEDDING STONE- LS 491 tons* S2 BREAKWATER 12e ARMOR STONE - LS 1,427 tons* S2 BREAKWATER 13 SIGN AGE - LS 4 NAVIGATION AIDS 14 SOUTH JETIY LS I REHABILITATION PHASE II TOTAL BID: PHASE II - CONTINGENCY (5% OF TOTAL BID): PHASE I & II TOTAL BID: *NOTE: The County has performed a pre-construction survey to calculate an estimated quantity of materials. This quantity is considered an estimate and is not the basis for payment to the Contractor. Payment for this Work shall NOT be based on the quantity of material (cubic yards, square yards, square feet) added or removed from the Work area. The Contractor shall be compensated solely based on the lump sum bid price. Contractor shall make an assessment of this and any other relevant information necessary, in the judgment of the Contractor, in determining the expected quantity of materials. LS: Lump Sum LF: Linear Foot 23 Bid Number 5107-484-01: Bid Schedule (continued from previous page) Tolal Phase I & II Bid Cost: $ Total Phase I & II Bid Cost in words: Tolal Phase I Bid Cost: $ Total Phase I Bid Cosl in words: Total Phase II Bid Cost: $ Total Phase II Bid Cost in words: Respondents are reminded to refer to Section I: Instructions to Respondents for information to be included with their Bid package. Failure on the part of the Bidder to include this information with its Bid shall render the Bid/Bidder non-responsive. I hereby acknowledge, as Bidder's authorized representative, that I have fully read and understand all terms and conditions as set forth in this Bid and upon award of such Bid, shall fully comply with such terms and conditions. Date Bidder (firm name) Address E-mail address Signature Telephone number Typed name and title Fax number This form to be included in Bid Submittal. 24 PROPOSED SUBCONTRACTORS BID NUMBER 5107-484-01 All Subcontractors must sign and present the SF424d Form - Assurances - Construction Programs, as well as the prime Contractor. Bidder intends to use the following Subcontractors on this project (if none, write "none"): Name and address of Subcontractor: Description of Work: Estimated value of Work: Name and address of Subcontractor: Description of Work: Estimated value of Work: Name and address of Subcontractor: Description of Work: Estimated value of Work: This form to be included in Bid Submittal. 25 STATEMENT OF QUALIFICA TrONS BID NUMBER 5107-484-01 Note: The Bid price is for the Port Alto Beach and Wetland Restoration and Conservation Project. The equipment and procedures to be used by the Contractor must be detailed below. Methodology and timing will be considered for qualifications of Contractor. Beach Fill and Rock Stmcture Construction: Describe the quality control procedures to be implemented for establishing and maintaining horizontal positioning and vertical accuracy during the Port Alto Beach and Wetland Restoration and Conservation Project. Describe the equipment to be used and procedures to be followed to transport the fill from the quarry to the Port Alto Beach Project area. Describe how the Contractor will comply with all TxDOT laws regarding safety and legal truck weight. 26 Bid Number 5107-484-01: Statement of Qualifications (continued from previous page) Name of Bidder: Address of Office Responsible for Supervision of this Bid: Telephone No.: PIincipal: Person to Whom Questions should be addressed: Licenses Held by Bidder: PERFORMANCE HISTORY: List Any Litigation in which Bidder is involved and describe: (Use additional sheets if necessary) Has Bidder defaulted on any contract in the last seven (7) years? Yes [ ] No[ ] If yes, describe details on separate sheet. Are there any tax liens against Bidder? Yes [ ] No [ ] If yes, describe details on separate sheet. Are there any outstanding judgments against Bidder? Yes [ ] No[ ] If yes, describe details on separate sheet. Current value of work under contract: $ Surety: (If More than One Attach Separate Sheet) Check Services: Address of Surety: Bonding Capacity of Bidder: $ Available Bonding Capacity of Bidder: $ 27 Bid Bond Performance Bond Payment Bond [ ] [ ] [ ] Bid Number 5107-484-01: Stalement of Qualifications (continued from previous page) LIST OF ASSETS AVAILABLE FOR THIS JOB: (List only Major Items above $25,000 value) Make Model Year Owned/Leased Leasinl! Co. Financed Bv: Construction management team for the project and key Subcontractors. Contractor shall provide detailed information regarding the company's proposed project manager or Subcontractor project manager including the Subcontractor's portion of the work for the County project, a description of experience, and duties on each of the referenced projects provided as related experience. 28 Bid Number 5107-484-01: Statement of Qualifications (continued from previous page) SATISFACTORY REFERENCES. Contractor shall provide a minimum of three (3) references who can verify the qualifications and past performance record of the bidder on similar projects which required above 4,000 tons of sand and over 8,000 tons of armor stone 1. Business Name: Contact Person: Address: Phone No.: Service Performed: 2. Business Name: Contact Person: Address: Phone No.: Service Performed: 3. Business Name: Contact Person: Address: Phone No.: Service Performed: 29 Bid Number 5107-484-01: Statement of Qualifications (continued from previous page) SATISFACTORY EXPERIENCE. Contractor shall provide a minimum of Ihree (3) similar projects completed within the last tlu'ee (3) years for public agencies or private entities. Listed projects shall be projects completed by the Contractor and/or one of its Subcontractors included as part of its construction team. Project: Total Dollar Amount: $ Is Project Complete: Yes [] No [ ] Surety: Bond Amount: $ Address of Surety: Engineer! Architect: Address of Engineer! Architect: Contact Person for E!A: Telephone No. Project: Total Dollar Amount: $ Is Project Complete: Yes [] No [ ] Surety: Bond Amount: $ Address of Surety: Engineer/Architect: Address of Engineer! Architect: Contact Person for EtA: Telephone No. Project: Total DoIlar Amount: $ Is Project Complete: Yes [] No [ ] Surety: Bond Amount: $ Address of Surety: Engineer/Architect: Address of Engineer! Archilect: Contact Person for E/ A: Telephone No. This form to be included in Bid Submittal. 30 NON-COLLUSION AFFIDAVIT BID NUMBER 5107-484-01 State of County of I, . being first duly sworn, dispose and say that: 1. I am the owner, officer, representative, or agent of: , Ihe Bidder that has submitted the attached Bid or proposal. 2. The attached Bid or proposal is genuine; it is not a collusive or sham Bid or proposal. 3. I am fully informed respecting the preparation and contents of, and knowledgeable of all pertinent circumstances respecting the attached Bid or proposal. 4. Neither Bidder nOf any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid or proposal in connection with the contract for which the attached Bid or proposal has been submitted, or to refrain from bidding in connection with any contract, or has in any manner, directly or indirectly, sought by agreement, collusion, communication, or conference with any other Bidder, firm, or persall to fix the price or prices in the attached Bid or proposal of any other Bidder or proposer, or to fix any overhead, profit, or cost element of the Bid prices or the Bid price of any other Bidder 01' proposer, 01' to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the County or any other person interested in the proposed contract. 5, The price(s) quoted in the attached Bid or proposal is fair and propel' and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 6, No official or other officer or employee of the County, whose salary or compensation is payable in whole or in part by the County, is directly or indirectly interested in this Bid or proposal, or in the supplies, materials, equipment, work, or labor to which it relates, or in any of the profits there from. Signature: Tille: Subscribed and sworn to before me this day of ,20_. Notary Public, State of My commission expires: (SEAL) at Large This form to be included in Bid Submittal. 31 CERTIFICATION OF MATERIAL CONFORMANCE WITH THE SPECIFICATIONS BID NUMBER 5107-484-01 This statement must be completed by the Bidder and shall accompany its response for this project. It is hereby certified by: Name of Bidder: Business address: Any materials and equipment proposed to be supplied in fulfillment of the Agreement to be awarded conform in all respects to the specifications thereof. Further, the proposed materials and equipment will perform the intended function in a manner acceptable and suitable for the intended purposes of the County. Signature: Tille: Subscribed and sworn to before me this day of ,20_. Notary Public, State of My commission expires: (SEAL) at Large This form to be included in Bid Submittal. 32 BID BOND FORM CALHOUN COUNTY KNOWN TO ALL MEN BY THE PRESENTS Ihat address is ("Principal"), and , whose , whose address is ("Surety"), are held and firmly bound unto Ihe Calhoun County, whose address is 211 S. Ann St., Ste. 301, Port Lavaca, TX 77979 ("the County"), in the Penal Sum of dollars ($ ) lawful money of the United States, for the payment of which we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas Principal has submitted the accompanying Bid for Bid #5107-484-01, Calhoun County Pori Alto Beach and Wetland Restoration and Conservalion ProjecI, which is scheduled 10 be opened on Wednesday, May I, 2013. NOW, THEREFORE, if Principal shall not withdraw lhis Bid within sixty (60) days after date of Bid opening and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the County, in accordance with the Bid as accepted, and shall give such bond or bonds as may be specified in the Contract Documents, with good and sufficient sureties, as may be required, for the faithful performance and proper fulfillment of the contract and give such bonds within the time specified; and, if Principal shall pay the County the difference between the amount specified in Bid and the amount for which the County may procure the required work supplies, if the latter amount be in excess of the former, then the above obligations shall be void, and of no effect, otherwise to retain in full force and effect. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way diminished, impaired, or affected by any extension of the time within which the County may accept such Bid, and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the parties have executed this statement under their several seals this day of , 20~ , the name and corporate seal of each corporate party being affixed below and this statement being signed by his representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (Official tWe) (SEAL) (Typed name) Surety By: (Official title) (SEAL) (Typed name) NOTE: If Principal and Surety are corporations, the respective corporate seals should be affixed and attached. Attach a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of Bid bond on behalf of Surety. This form 10 be included in Bid Submittal. 33 CERTIFICATE AS TO CORPORATE PRINCIPAL BID NUMBER 5107-484-01 I , . certify that I am the Secretary of the Corporation named as principal in the foregoing Bid Bond; that who signed the said Bond on behalf of the principal, was then of said Corporation; that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for in behalf of said Corporation by authority of its governing body. (Corporale Seal) State of Texas County of City of Before me, a notary public duly commissioned, qualified and acting personally, appeared: To me well known, who being by me first duly sworn upon oath says that he is the Attorney-in-Fact for the authorized by Contractor named therein in favor oftlle Calhoun County. . And that he has been to execute Ihe foregoing Bid Bond on behalf of the Subscribed and sworn to before me this day of ,20 . Notary Public, State of Texas at Large My Commission Expires: This form 10 be included iu Bid Submiltal. 34 CERTIFICATION CLEAN AIR ACT/CLEAN WATER ACT , I certify that this company/facility is not On behalf of (Name of Business) on the EPA Usl oiViolaOng FacWties concerning the Clean Air Act or the Clean Water Act. I further certify: 1. That we will not use any facility on the List of Violating Facilities in the performance of any nonexempt contract, grant or loan for the duration of time that the facility remains on the List. 2. That we will notify Calhoun County if a facility we intend to use in the performance of the contract, grant, or loan is on the List of Violating Facilities or we know that it Has been recommended to be placed on the List afViolating Facilities 3. That in the performance of the contract, grant or loan, we will comply with all requirements afthe CAA and the CWA, including the requirements of seclion 114 of the CAA and section 308 of the CWA, and all applicable clean air standards and clean water standards, See Federal Acquisition Regulations, 48 CFR 52.223-1 and 48 CFR 52.223-2. Name of Authorized Representative Date This form to be included in Bid Submittal. 35 CERTIFICATION REGARDING DEBARMENT AND LOBBYING 36 FORM CD-512 (7-S1) LF U,S, DEPARTMENT OF COMMERCE CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS AND LOBBYING Applicanls should refer to the regulalions cited beiow to delermine the certification to which Ihay are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance wilh certificalion requirements under 15 CFR Part 26, "Governmenlwide Debarment and Suspension (NonprocuremenlJ" and 15 CFR Part 28, "New Reslriclions on Lobbying." 1. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS As required by executive Order 12549, Debarment and Suspension, and implemented at 15 CFR Part 26, Section 26.510, Participants responsibilities, for prospective participants in lower tier covered transactions (except subcontracts for goods or services under the $25,000 small purchase threshold unless the subtier recipient will have a critical influence on or substantive control over the award), as defined at 15 CF Part 26, Sections 26.105 and 26.110- (1) The prospective lower tier participant certifies, by submission of this proposal, that neither It nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. LOBBYING As required by Section 1352, Title 31 of the u.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 28.105 and 28.110, the applicant certifies that to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or wll1 be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in conncection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. As the duly authorized representative of the applicant, abDve applicable certification(s). NAME OF APPLICANT PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or enterIng Into this transaction imposed by section 1352, title 31> U.S. Code. Any person who fails to file the required certificatlon shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such fallure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: In any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement Is a prerequisite for making or entering into this transaction Imposed by section 1352, title 31, U.S. Code. Any person who faUs to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. I hereby certify that the applicant will comply with the AWARD NUMBER AND/OR PROJECT NAME DATE ASSURANCES - CONSTRUCTION PROGRAMS FORMS 37 ASSURANCES. CONSTRUCTION PROGRAMS OMS Approval No. 0348-0042 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time tor reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Ihe Office of Management and Budgel, Paperwork Reduclion Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable 10 your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As Ihe duly authorized representative of the applicanl, I certify thai the applicant: 1. Has the legal aulhority 10 apply for Federal assislance, 8. Will comply with the Intergovernmenlal Personnel Act and the instilulional, managerial and financial capability of 1970 (42 U.S.C. !j!j4728-4763) relating 10 prescribed (including funds sufficient to pay the non-Federal share slandards for merit systems for programs funded of project costs) to ensure proper planning, under one of Ihe 19 slatules or regulations specified in managemenl and completion of Ihe project described in Appendix A of OPM's Standards for a Meril Syslem of this application. Personnel Administration (5 C.F.R. 900, Subpart F). 2. Will give the awarding agency, the Complroller General of Ihe United Stales and, if appropriale, the Slale, through any authorized representative, access to and the right to examine all records, books, papers, or documents relaled 10 the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify Ihe use of, or change the lerms of Ihe real property litle, or olher interest in the site and facilities without permission and instructions from the awarding agency. Will record Ihe Federal interesl in the litle of real property in accordance wilh awarding agency directives and will include a covenant in the title of real property aquired in whole or in part with Federal assistance funds to assure non- discriminalion during the useful life of the project. 4. Will comply wilh the requirements of the assistance awarding agency wilh regard to the dralting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequale engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by Ihe assistance awarding agency or State. 6. Will initiate and complete the work wilhin the applicable time frame alter receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose thai constitules or presents the appearance of personal or organizational conflict of interest, or personal gain. 9. Will comply wilh the Lead-Based Painl Poisoning Prevenlion Acl (42 U.S.C. !j!j4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non- discrimination. These include bul are not limited 10: (a) Tille VI of the Civil Righls Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Tille IX of the Education Amendments of 1972, as amended (20 U.S.C. !j!j1681 1683, and 1685-1686), which prohibits discriminalion on Ihe basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. !j794), which prohibits discriminalian on Ihe basis of handicaps; (d) Ihe Age Discrimination Act of 1975, as amended (42 U.S.C. !j!j61 01-6107), which prohibits discriminalion on the basis of age; (e) the Drug Abuse Office and Treatment Acl of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitalion Acl of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) !j!j523 and 527 of Ihe Public Health Service Act of 1912 (42 U.S.C. !j!j290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patlenl records; (h) Title VIII of the Civil Rights Acl of 1968 (42 U.S.C. !j!j3601 el seq.), as amended, relating to nondiscrimination in the sale, renlal or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, U) the requirements of any other nondiscrimination slatule(s) which may apply to Ihe application. Previous Edition Usable Authorized for Local Reproduction Standard Form 4240 (Rev. 7-97) Prescribed by OMS Circular A-102 11. National Environmental Policy Acl of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) nolification of violaling facilities pursuant 10 EO 11738; (c) proteclion of wetlands pursuant 10 EO 11990; (d) evaiualion of flood hazards in floodplains in accordance wilh EO 11988; (e) assurance of projecl consislency with the approved State management program developed under Ihe Coastal Zone Management Acl of 1972 (16 U.S.C. ~~1451 el seq.); (f) conformily of Federal actions 10 Stale (Clean Air) Implementation Plans under Section 176(c) of Ihe Clean Air Acl of 1955, as amended (42 U.S.C. ~~7401 et seq.); (g) protection of underground sources of drinking water under Ihe Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protecllon of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). Will comply, or has already complied, wilh the requirements of Titles II and III of Ihe Uniform Relocation Assistance and Real Property Acquisition Policies Acl of 1970 (P.L. 91-646) which provide for fair and equilable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in rea! property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of Ihe Hatch Acl (5 U.S.C. ~~1501-1508 and 7324-7328) which limil the polilical activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, wilh the provisions of Ihe Davis- Bacon Act (40 U.S.C. ~~276a 10 276a-7), the Copeland Act (40 U.S.C. s276c and 18 U.S.C. s874), and Ihe Contracl Work Hours and Safely Slandards Acl (40 U.S.C. ss327- 333) regarding labor slandards for federally-assisled construction subagreements. 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. s~1271 el seq.) related 10 prolecling components or potential components of the national wild and scenic rivers system. 14. Will comply wilh flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Acl of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 17. Will assist the awarding agency in assuring compliance with Seclion 106 of the Nalional Historic Preservation Acl of 1966, as amended (16 U.S.C. ~470), EO 11593 (identification and prolection of hisloric properties), and the Archaeological and Hisloric Preservation Acl of 1974 (16 U.S.C. ~~469a-1 elseq.). 15. Will comply with environ menial slandards which may be prescribed pursuant to the following; (a) inslilulion of environmental quality control measures under the 18. Will cause 10 be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of Slates, Local Governments, and Non-Profit Organizations.1I 19. Will comply wilh all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPliCANT ORGANIZATION DATE SUBMITTED SF-424D (Rev. 7-97) Back NO BID FORM CALHOUN COUNTY Bid Number 5107-484-01 Calhoun County FOlt Alto Beach and Wetland Restoration and Conservation Project Your reasons for not responding to this invitation for Bids are valuable to the Calhoun County's procurement process. Please complete this form and return it to the County no later than the date set for receipt of Bids. Thank you for your cooperation. Please check (as applicable): Specifications too "general" (explain below) Insufficient time to respond to the Invitation for Bids Do not provide this type of work for this project Schedule would not permit us to perform Unable to meet Bid specifications Specifications unclear (explain below) Disagree with Contract terms and conditions (explain below)- Other (specify below) Remarks: DATE RESPONDENT (FIRM NAME) ADDRESS E-MAIL ADDRESS SIGNATURE TYPED NAME AND TITLE TELEPHONE NUMBER FAX NUMBER 38 NOTICE OF AWARD Date: ,20_ To Contractor: PROJECT: CALHOUN COUNTY PORT ALTO BEACH AND WETLAND RESTORATION AND CONSERVATION PROJECT You are hereby notified that your Bid dated , 20_ has been evaluated and you are the apparent successful bidder. You have been awarded a contract for the Calhoun County Port Alto Beach and Wetland Restoration and Conservation Project. The Contract Price of your contract is $ Three copies of the proposed Agreement accompany this Notice of A ward that is by ,20_. A. You must deliver 10 the County three (3) fully executed counterparts of the Agreement. Each of the Agreements must bear your signature. B. You must deliver the Contract Securities (performance and Payment Bonds) as specified in the Instructions to Bidders, General Conditions and Supplementary Conditions, and Special Requirements to the Honorable Michael J. Pfeifer, Calhoun County Judge, 211 S. Ann St., Ste. 301, Port Lavaca, TX 77979. C. You must deliver the Certificates of Insurance as specified in the General Conditions. Failure to comply with these conditions within the time specified will entitle County to consider your Bid abandoned, and annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, County will return to you one fully signed counterpart of the Agreement for your records. Calhoun County By: Title: 39 NOTICE TO PROCEED To: Date: Project: P0l1 Alto Beach and Weiland Restoration and Conservation Proiect You are hereby notified to commence work in accordance with the Agreement dated before , 20_. and you are to complete the work within thereafter. The date of completion of all work is therefore . 20_, , 20_. on or consecutive calendar days Calhoun County By: Title: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by day of ,2 this the By: Tille: 40 CHANGE ORDER Order No. Date: Agreement Date: NAME OF PROJECT: COUNTY: CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: Original CONTRACT PRICE: $ Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ The CONTRACT PRICE due to this CHANGE ORDER will (increased)(decreased) by $ The new CONTRACT PRICE including this CHANGE ORDER will be $ Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by calendar days. The dale for completion of all work will be (Date). Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: Recommended by: Ordered by: Accepted by: Agency Approval (where applicable): 41 l'ERFORMANCE AND l'A YMENT BOND - Number Calhoun Counly Contract Number 5107-484-01 BY THIS BOND, we, whose address is ("Principal"), and whose address is a corporation organized under the laws of the state of and licensed to do business in the state of Texas ("Surety"), bind Ollfselves and our heirs, personal representatives, successors, and assigns, jointly and severally, unto Calhoun County ("County"), whose address is 211 S. Ann St., Ste. 301, Port Lavaca, TX 77979, for the use and benefit of claimants, in the amount of Total Bid Cost, for the payment of which sum wlll and truly be made. THE CONDITION OF THIS BOND is that if Principal: A. Perlorms the work described in these Contract Documents, which are incorporated into this bond by reference, at the times and in the manner prescribed in the contract; and B. Promptly makes payment to all claimants supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work described in the contract, and, C. Pays the County all losses and damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County sustains because of a default by Principal under the contract; and, D. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Chapter 2253 of the Texas Government Code. Any changes in or under the Contract Documents (which include the plans and specifications) and compliance or noncompliance with any formalities connected with the Contract Documents or the changes do not affect Surety's obligation under this bond, and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or other modifications to the Contract Documents. IN WITNESS WHEREOF, Principal and Surety have executed this instrument under their several seals on this day of , 20_, the name and corporate seal of each corporate patty being hereto affixed and this Bond fully signed by each party's undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (Official title) (SEAL) (Typed name) Surety By: (Official title) (Typed name) (SEAL) (Countersignature by Texas Registered Agent) NOTE: If Principal and Surety are corporations, the respective corporate seals should be affixed and attached. Attach a certified copy of power of attorney appointing individual attorney-in-fact for execution of Payment Bond on behalf of Surety. 42 FINAL RELEASE OF LIEN BID NUMBER 5107.484.01 KNOWN TO ALL MEN BY THE PRESENTS, Ihat for and in consideration of the sum of ($ by the Calhoun County, Port Lavaca, State of Texas, receipt of which is hereby acknowledged, except the sum of representing the total unpaid balance under the Contract, do hereby release and quitclaim to said County, its successors or assigned, all liens, lien right, claims or demands of any kind whatsoever which now have/has or might have against the property, building, and improvements, on account of labor performed, material furnished, and for any incidental expense for the construction of Thereon or in otherwise improving said property situation as above described. IN WITNESS WHEREOF, I, hand and seal, this have hereunto set my day of ,2013. WITNESS: OFFICER: (SEAL) SWORN AND SUBSCRIBED TO BEFORE ME TillS day of ,2013. Nolary Public, State of Texas at Large My Commission Expires: 43 AFFIDAVIT BID NUMBER 5107.484.01 STATE OF TEXAS Before me, the Undersigned Authority, authorized to administer oaths and take acknowledgment, personally appem'ed , who, after being first duly sworn, upon oath deposes and says that all, laborers, materialmen, material suppliers, subcontractors and lienal's contracting directly or indirectly with or directly employed by (him, them, it) and that all taxes imposed by TITLE 34, PART I, CHAPTER 3 Texas Administrative Code (State Sales and Use Tax Rules), as amended, have been paid and discharged, and that all bills, wages, fees, claims and other charges incurred by in connection with the construction have been paid in full or is recited as unpaid herein. WITNESS: Signed By SWORN AND SUBSCRIBED TO BEFORE ME THIS Day of ,2013. Notary Public, State of Texas at Large My Commission Expires: 44 SECTION III: (DRAFT) AGREEMENT BETWEEN THE CALHOUN COUNTY AND CONTRACTOR FOR CALHOUN COUNTY PORT ALTO BEACH SHORELINE RESTORATION AND WETLAND CONSERVATION PROJECT THIS AGREEMENT is entered into by and between Calhoun County ("the County"), whose address is 21 I S. Aun St., Ste. 301, Port Lavaca, TX 77979, and "Contractor"), whose address is WITNESSETH THAT: In consideration of the payments hereinafter specified and which the County agrees to make, Contractor agrees to furnish and deliver all materials and to do and perform all work and labor required to be finished and delivered, done and performed for the Port Alto Beach and Wetland Restoration and Conservation Project. In accordance with Bid number #5107-484-01, the Contractor agrees to complete the Work in conformity with the contract documents and all attachments and other items specifically incorporated by reference herein. All attachments, Contract DoclIments, and items incorporated by reference are part of this Agreement as fully and with the same effect as if set forth herein. The contract consists of the following documents, including all modifications incorporated therein before their execution: Agreement; General Conditions; Certifications; Affidavits; and Attachments, if any. ARTICLE I: TERM. SCHEDULE AND TIME OF PERFORMANCE Term. The lerm oftbis Agreement shall be from Ihe Effective Dale to the Completion Date. Effective Date. The Effective Date of this Agreement shall be the date upon which the last party to this Agreement has dated and executed the same. Comoletion Date. The Completion Date of this Agreemenl shall be no later than twenty-six (26) weeks, (182 calendar days) from the issuance of the Notice to Proceed, unless extended by mutual written agreement of the parties. All Work under this Agreement shall be completed for use no later than the Completion Date. Contractor will be required to commence work on the Contract within fifteen (15) calendar days after the issuance of the Notice to Proceed, to prosecute the Work diligently and to complete the entire Work for use no later than twenty-six (26) weeks, (182 calendar days) from the issuance of the Notice to Proceed, unless the date is extended by mutual agreement of the parties. Time is of the essence. Subsequent phases of work are contingent upon project funding approval of the appropriate County fiscal year budget. Schedule of W orl{. Contractor shall commence the Wark: [X] Within fifteen (15) days after the NOlice to Proceed; or [ ] Upon Ihe issuance of a Notice to Proceed by the County; or [ ] Within fourteen (14) days of issuance ofa Work Order by the County; or This date shall be known as the "Commencement Date," Contractor shall prosecute the Work regularly, diligently, and uninterruptedly so as to complete the Work ready for use in accordance with the Statement of Work and the time stated for completion therein, The time stated for completion shall include the final cleanup of the premises, as applicable. A fifteen (15) day period has been included in the allotted time for completion to allow for mailing of this Agreement and Contractor's submission of any required bonds and proof of insurance. Contractor will not be allowed to commence the Work until all required Payment and Performance Bonds and proof of insurance coverage are received and approved. For purposes of fixing the Completion Date, default, and liquidated damages, the time 45 shall be computed from the Effective Date, regardless of when the Payment and Performance Bonds, if required, and proof of insurance coverage are received and accepted. Any delay resulting from Contractor's failure to timely supply the required bonds and proof of insurance coverage will not because for extension of the Completion Date. Time is of the Essence. The Commencement Date and Completion Date are essential conditions hereof. In addition, time is of the essence for each and every aspect of this Agreement. Where additional time is allowed for the completion of the Work, the new time limit shall also be of the essence. Contractor hereby acknowledges that the time for the completion of the Work is reasonable, taking into consideration average climatic or other conditions that may affect progress of the Work. Liouidated Dama2es. If Contractor neglects, fails, or refuses to satisfactOlily complete the Work by the Completion Date, or any extension thereof, Contractor agrees, as a part of the consideration for this Agreement, to pay the County the amount stipulated herein, not as a penalty, but as liquidated damages for such breach, for each calendar day that the Contractor shall be in default thereafter. This amount is fixed and agreed upon between the parties due to the impracticability and extreme difficulty of fixing and ascertaining the actual damages the County would in such event sustain. The amount of liquidated damages shall be $1.000 per day for each calendar day beyond said Completion Date, which shall be deducted from payments hereunder as they become due, and may be deducted from the retained percentage that is due upon completion of the Work. Liquidated damages shall constitute an agreed-upon liquidated sum solely for consequential damages attributable to the delay in performance of the Work. Liquidated damages shall not be a substitute for any other consequential damages incurred by the County, such as the cost of finding a replacement Contractor for completion of the Work should this Agreement be terminated by the County for non-performance. Contractor shall not be charged with the liquidated damages or any excess cost when the County determines that Contractor is without fault, and Contractor's reasons for the time extension are acceptable to Ihe County in accordance with FORCE MAJEURE; DELAYS; EXTENSION OF COMPLETION DATE. A written extension of the Completion Date shall constitute a waiver by the County of liquidated damages to the new Completion Date unless expressly provided therein to the contrary. ARTICLE II: DELlVERABLES Deliverables. The Work to be performed pursuant to this Agreement is specified in the attached Statement of Work. Contractor shall deliver all products and deliverables as stated therein. Contractor is responsible fmthe professional quality, technical accuracy, and timely completion of the Work. Both workmanship and materials shall be of good quality. Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials provided. Unless otherwise specifically provided for herein, Contractor shall provide and pay for all materials, labor, and other facilities and equipment as are necessary for the performance of the Work. The County shall make a final acceptance inspection of the deliverables when they are completed and finished in all respects in accordance herewith. Construction Schedule. Contractor shall provide an updated Construction Schedule with each payment request, taking into account all delays, Change Orders, etc. Failure to provide an updated Construction Schedule will be cause to withhold payment to Contractor until such time as the updated schedule is received. P.'02ress Reoorts. Contractor shall submit weekly progress reports to the County's project manager and the Engineer of Record in a form approved by the County. The progress report shall provide an updated Construction Schedule with each payment request, taking into account all delays, Change Orders, etc. In addition to hard copies, all written deliverables (reports, papers, analyses, etc.) shall be submitted in machine readable form in formats consistent with the County's standard software products. The County's standard office automation products include the Microsoft@ Office Suite (Word, Excel, Access, and PowerPoint). Other formats may be accepted if mutually agreed upon by the County's Project Manager and 46 the Engineer of Record. Timely submittal of progress reports shall be a condition precedent to payment of invoices. Ownershin. All deliverables are the property of the County, including Work that has not been accepted by the County, when the Contractor has received compensation, in whole or in part, for the performance of the Work. All specifications and copies thereoffumished by the County are County property. They shall not be used on other work and, with the exception of the original plans and specifications, shall be returned to the County upon request after expiration or termination of this Agreement. Any source documents or other documents or materials developed, secured, or used in the performance of this Agreement shall be considered County property and shall be safeguarded by Contractor. The original documents or materials, excluding proprietary materials, as outlined in the Statement of Work, shall be provided to the County upon the expiration or termination of this Agreement, or upon request. ARTICLE III: COMPENSATION Amount of Fundine:. For satisfactory performance of the Work, the County agrees to pay Contractor a sum in the amount not to exceed $ (the "Total Compensation") Invoicine: Procedure. An invoices shall be submitted to the Engineer of Record for approval prior to submittal to the County for payment. Contractor shall submit monthly-itemized invoices based upon the actual portion of the Work performed and shall bill as per approved Schedule of Values, attached hereto and by reference made a part hereof. All payment requests submitted by the Contractor shall include the following information: A. Contract number B. Contractor's name and address (include remit address if necessary) C. Name of County's Project Manager D. Name of Engineer of Record E. Name of Contractor's Project Manager F. Cost data (utilize the appropriate method for payment request per the contract) i. Percentage of task completed; 01' ii. Deliverables submitted and approved; or Hi. Project completion documentation G. Progress Report/updated schedule (as per contract requirements) The above information and reports shall be submitted by the Contractor and approved by the County as a condition precedent to payment. Payment requests that do not correspond to the Project Budget or other requirements of this paragraph will be returned to the Contractor without action within twenty (20) business days of receipt and shall state the basis for rejection of the invoice. Payments for construction contracts shall be made within thirty (30) business days of receipt of an invoice that conforms to this Article. Payments for all other contracts shall be made within fOlty-five (45) days of receipt of an invoice that conforms to this Article. Payments. The County shall pay Contractor ninety percent (90%) of each approved invoice and shall retain up to ten percent (10%) thereof as retainage, which shall not become due until expiration of this Agreement upon satisfactory completion of the Work, provided, however, that (1) for Work Order contracts, retainage shall become due upon completion of each work order; (2) for renewal contracts, retainage shall become due upon completion of each renewal term, and (3) for phased projects, retainage shall become due upon completion of each phase. Contractor agrees that retained percentage amounts withheld shall not be considered due until the expiration of Ihe conlract or at Ihe date identified iu (1), (2), or (3) of this paragraph. 47 Payments Withheld. The County may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the County from loss as a result of: (1) defective Work not remedied; (2) failure of Contractor to make payments when due to Subcontractors or suppliers for materials or labor; (3) the County's determination that the Work cannot be completed for the remaining or unpaid funds; (4) failure to maintain adequate progress in the Work; (5) damage to another Contractor; or (6) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. Forfeiture of Final Payment. Contractor shall submit the final invoice to the County not later than 90 days after Ihe Completion Dale. CONTRACTOR'S FAILURE TO SUBMIT THE FINAL INVOICE TO THE COUNTY WITHIN THE TIME FRAME ESTABLISHED HEREIN SHALL BE A FORFEITURE OF ANY REMAINING AMOUNT DUE UNDER THE AGREEMENT. Release. Acceptance of the final payment shall be considered as a release in full of all claims against the County arising from 01' by reason of the Work done and materials furnished hereunder, with the exception of any pending claims for additional compensation that have been documented and filed as required by this Agreement. ARTICLE IV: INDEMNITY AND INSURANCE A. Contractor shall indemnify and hold harmless, release, and forever discharge the County, its public officers, employees, agents, representatives, successors, and assigns, from any and all liabilities, claims, actions, damages, expenses, court costs, and attorneys' fees arising from or in any way connected with the performance of this Agreement and resulting from damages to property, personal injury, or loss of life. This shall include any claims based on the partial or sole negligence. action, or inaction of Contractor, its employees, Subcontractors, representatives, successors, and assigns; and any claims based on the partial 01' sole negligence, action, or inaction of the County, its public officers, employees, agents, representatives, successors, and assigns. B. Contractor shall acquire and maintain all insurance required by the General Conditions, provided, however, that the General Conditions may be superseded by an attachment hereto. ARTICLE V: PROJECT MANAGEMENT Proiect Mana!!ers. The project managers shall be responsible for overall coordination, oversight. and management of the Work. The parties agree to the following persons being designated as project manager: COUNTY Honorable Michael J. Pfeifer, Calhoun Counly Judge Address: 211 S. Ann St., Ste. 301 Port Lavaea, TX 77979 Phone: (361) 553-4600 Email: mike.ofeifer@calhouncotx.org CONTRACTOR , Project Manager ENGINEER OF RECORD Norman Kramer Address: 1250 Wood Branch Park Drive, Houston, TX 77079 Phone: (281) 529-4148 Email: Norman.Kramer@atkinsgJobal.com 48 Emdneer of Record or Em!ineel'. The Engineer of Record shall have sole and complete responsibility to transmit instructions, receive information, and communicate County policies and decisions regarding all matters pertinent to pelformance of the Work. The Engineer of Record shall have the authority to approve minor deviations in the Work that do not affect the Total Compensation or the Completion Date. The Engineer of Record and, as appropriate, the County Project Manager, shall meet with Contractor when necessary in the County's judgment to provide decisions regarding performance of the Work, as well as to review and comment on reports. The Engineer of Record may have a delegate to help perform construction inspections, reports, attend project meetings. This person or persons will be named at the pre-construction conference. County Proiect Mana!!er. The County's Project Manager shall work closely with the Engineer of Record to ensure proper execution of the Work by the Contractor. When appropriate the County's Project Manager will transmit instructions, receive information, and communicate County policies and decisions regarding all matters pertinent to performance of the Work on behalf of the Engineer of Record. Chan1!e in Proiect Manal!er. Either party to this Agreement may change its project manager by providing not less than tlu'ee (3) working days prior written notice of the change to the other party. The County reserves the right to request Contractor to replace its project manager if said manager is unable to carry the Work forward in a competent manner or fails to follow instructions or the specifications, or for other reasonable cause. Suoervision. Contractor shall provide efficient supervision of the Work, using its best skill and attention. For any construction activities, Contractor shall keep on the worksite during its progress a competent supervisor/superintendent and any necessary assistants, all satisfactory to the County. The supervisor/superintendent shall not be changed except with the consent of the County, unless the superintendent proves to be unsatisfactory to the Contractor and/or ceases to be in its employ. The supervisor/superintendent shall represent the Contractor in the absence of the Contractor's project manager. All directions given to him shall be as binding as if given to the Contractor. If the County produces documented evidence and informs the Contractor that any person on the job is incompetent, disorderly, or is working contrary to the Agreement or the instructions of the County, that person shall thereupon be inmlediately dismissed from the project and shall not be given employment on any work connected with this Agreement. Notices. All notices to each party shall be in writing and shall be either hand-delivered or sent via U.S. certified mail to the respective party's project manager at the names and addresses specified above. All notices shall be considered delivered upon receipt. Should either party change its address, written notice of the new address shall be sent to the other parties within five (5) business days. Except as otherwise provided herein, notices may be sent via e-mail or fax to (361) 553-4444, which shall be deemed delivered on the date transmitted and received. ARTICLE VI: MISCELLANEOUS PROVISIONS Asshmment and Subcontracts. Contractor shall not assign tltis Agreement, sublet this Agreement as a whole, or assign any moneys due or to become due hereunder, without the prior written consent of the County. As soon as practicable after signing this Agreement, Contractor shall notify the Engineer in writing of the names of Subcontractors proposed for the Work that have not been previously disclosed in the procurement process and shall not employ any such Subcontractors until they are approved by the County. Contractor shall use the "Proposed Subcontractors" form included with the procurement package for the purpose of providing such notice. Neither County approval of a Subcontractor nor any other provision of this Agreement shall create a contractual relationship between any Subcontractor and the County. 49 Contractor shall be as fully responsible to the County for the acts and omissions of its Subcontractors, and of persons either directly or indirectly employed by them, as it is for its own acts and omissions. Contractor shall remain fully responsible for performance of the Work in the event of unsatisfactory performance by a Subcontractor. Contractor shall pay all employees, Subcontractors and suppliers who perform work for or provide materials to Contractor that conform to the requirements of this Agreement when payments become due. Interest of Contractor. Contractor certifies that no officer, agent, or employee of the County has any material interest, either directly or indirectly, in the business of Contractor to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. Indenendent Contractor. Contractor is an independent Contractor. Neither Contractor nor Contractor's employees are employees of the County. Contractor shall have the right to control and direct the means and methods by which the Work is accomplished. Contractor may perform services for others, which solely utilize Contractor's facilities and do not violate any confidentiality requirements of this Agreement. Contractor is solely responsible for compliance with all labor and tax laws pertaining to Contractor, its officers, agents, and employees, and shall indemnify and hold the County harmless from any failure to comply with such laws. Contractor's duties with respect to Contractor, its officers, agents, and employees, shall include, but not be limited to: (1) providing Workers' Compensation coverage for employees as required by law; (2) hiring of any employees, assistants, or Subcontractors necessary for performance of the Work; (3) providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and disability insurance; (4) payment of all federal, state and local taxes income or employment taxes, and, if Contractor is not a corporation, self-employment (Social Security) taxes; (5) compliance with the Fair Labor Standards Acl, 29 V.S.C. ~~201, et seq., including payment of overtime in accordance with the requirements of said Act; (6) providing employee training for all functions necessary for performance of the Work; (7) providing equipment and materials necessary to the performance of the Work; and (8) providing office or other facilities for the performance of the Work. In the event the County provides training, equipment, materials, or facilities to meet specific County needs or otherwise facilitate performance of the Work, this shall not affect any of Contractor's duties hereunder or alter Contractor's status as an independent Contractor. Conflictine: Emnlovment. Contractor certifies that at the time of execution of this Agreement, it has no retainer or employment agreement, oral or written, with any third party relating to any matters that adversely affect any interest or position of the County. During the term of this Agreement, Contractor shall not accept any retainer or employment from a third party whose interest appears to be conflicting or inconsistent with that of the County. Notwithstanding the foregoing, Contractor may accept retainers from or be employed by third parties whose interest appears conflicting or inconsistent with that of the County if, after full written disclosure of the facts to the County; the County determines that the apparent conflict shall not interfere with the performance of the Work. Civil Rif!hts. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. Audit: Access to Records. Contractor agrees that all relevant records related to this Agreement, including the records of its Subcontractors, shall be subject to audit. Accordingly, such records shall be subject, at any time, to inspection, examination, audit, and copying at any location where such records may be found, with or without notice from the County or other government entity with necessary legal authority. Contractor agrees to cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Contractor will ensure that this clause concerning federal and 50 state entities' authority to inspect, examine, audit, and copy records, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards, Contractor agrees that the County or its duly authorized representatives shall, until the expiration of five (5) years after expenditure of funds hereunder, have access to examine any of Contractor's books, documents, papers, and other records involving transactions related to this Agreement. Contractor shall preserve all such records for a period of not less than five (5) years. The period of retention may be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. Release of Information. Records of Contractor that are made or received in the course of performance of the Work may be public records. In the event Contractor receives a request for any such records, Contractor shall notify the County's Project Manager and the Engineer of Record within three (3) workdays of receipt of such request and shall not release any such records prior to receipt of written authorization from the County. Nor shall Contractor publish or release any information related to performance of this Agreement, or prepare, publish, or release any news or press release in any way related to this Agreement, without prior County review and the County's written consent. Royalties and Patents. Unless expressly provided otherwise herein, Contractor shall pay all royalties and patent and license fees necessary for performance of the Work and shall defend all suits or claims for infringement of any patent rights and save and hold the County harmless from loss on account thereof, provided, however, that the County shall be responsible for all such loss when the utilization of a particular process or the product of a particular manufacturer is specified by the County. If Contractor at any time has information that the process or article so specified is an infringement of a patent, it shall be responsible for such loss unless it promptly provides such information to the County. Goverllinl! Law. This Agreement shall be construed and interpreted according to the laws of the state of Texas, Venue. In the event of any legal proceedings arising from or related to this Agreement, venue for such proceedings, if in state court, shall be in Calhoun County, Texas, and if in federal court, shall be in the United States County Court for Calhoun County of Texas. Attorney's Fees. In the event of any legal or administrative proceedings arising from or related to this Agreement, including appeals, each party shall bear its own attorney's fees. Conflictinl! Provisions. If any provision hereof is found to be in conflict with the General Conditions, Special Conditions, or any attachments hereto, the terms in the body of this Agreement shall prevail. Waiver of Ril!ht to .Tury Trial. In the event of any civil proceedings arising from or related to this Agreement, Contractor hereby consents to trial by the court and waives its right to seek a jury trial in such proceedings, provided, however, that the parties may mutually agree to a jury trial. Entire Al!reement. This Agreement, upon execution by Contractor and the County, constitutes the entire agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. Contractor agrees that no representations have been made by the County to induce Contractor to enter into this Agreement other than as expressly stated herein. This Agreement cannot be changed orally or by any means other than written amendments referencing this Agreement and signed by all parties, Seoarate Counternarts. This Agreement may be executed in separate counterparts, which shall not affect its validity, 51 IN WITNESS WHEREOF, Calhoun County has caused this Agreement to be executed on the day and year written below in its name by its County Judge, and Contractor has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. CALHOUN COUNTY By: Honorable Michael J. Pfeifer, County Judge By: Typed Name and Title Date: Date: Documents attached: Exhibit A: General Conditions Exhibit B: Statemeut of Work Exhibit C: Port Alto Beach and Wetland Restoralion and Conservation Project Desigu Plans (prepared by Atkins) Exhibit D: Technical Specifications (prepared by Atkins) Attachment 1 - Supplemental Instructions Attachment 2 - AlA Payment Application 52 SECTION IV: GENERAL CONDITIONS (EXHIBIT A) GC.I: DEFINITIONS A. AFFIDAVIT: The instrument which is to be signed by the Contractor and submitted to the County upon completion of the job, showing that all bills have been paid. B. AND: Will also mean "or" and the word "or" wlll also mean "and" whenever the contents or purpose so requires. C. AGREEMENT: The written contract between the County and Contractor covering the Work to be performed, which includes all other documents that are attached to the Agreement or incorporated by reference and made a part thereof. It shall be understood that the words "contract" and "Agreement" are synonymous in these documents. D. AMENDMENT: Any written change made to the terms and conditions of the Agreement. E. BID BOND: The security furnished with a Bid to guarantee thai the Bidder will enter into a contract and will execute, deliver, and perform all other obligations described in the Invitation for Bids if Contractor receives a Notice of Intent to Award the contract from the County F. BIDDER: Any person who submits a Bid upon the project descrihed in the Invitalion for Bids. G. CHANGE ORDER: A written agreement of the parties after the Commencement Date to amend this Agreement so as to modify the Statement of Work or the Total Compensation or provide for an extension of time. H. COMMENCEMENT DATE: The date upon which the Work is authorized to proceed. I. COMPLETION DATE: The date upon which the Work is required to be compleled. J. CONTRACT: A properly executed, binding written Agreement containing terms, conditions, and obligations governing the relationship between the County and the Contractor. K. CONTRACTOR: The person whose Bid will be accepted by the Counly and who will thereafter enter into a formal contract with the County to do the work as bid upon. Also referred to as Awardee. L. CONTRACT DOCUMENTS: They will consist of Ihe following items, including all modifications thereto incorporated into them before their execution: Executed Contract for Construction Services; General Conditions; Special Conditions; Supplemental Conditions; Technical Specifications, Plan Drawings and Addenda; and all pages of Bid number 5107-484-01 along with Ihe Awardee's complete response submitted for Bid number 5107-484-01. M. CONTRACTOR'S PROJECT MANAGER: The individual designated by the Contractor to be responsible for overall coordination, oversight, and management of the Work for Contractor. N. CONTRACTOR'S SUPERINTENDENT: Conlractor's represenlalive who is present during the progress of the Work and authorized to receive and fulfill instructions from the Contractor's project manager or the County. 53 O. CPM or CRITICAL PATH METHOD: The use of a calculated task duralion with no regard for probabilities. A path has no float and is the longest path through Ihe project. A critical path encompasses those project activities that are crucial and cannot be shifted, having a calculated task duration. They are the important activities driving the project. Float belongs to the County. P. DAY: Each day shown on Ihe calendar Q. DELIVERABLES: All Work that is to be performed pursuant to the Statement of Work, in whole or in part, including, but not limited to, all equipment or materials that are incorporated within the Work. R. COUNTY: Calhoun County, its Governing Board, officers, agents, and employees. S. COUNTY'S PROJECT MANAGER: The executive director of the County 01' authorized designee, as provided herein. The County's Project Manager will be the Honorable Michael J. Pfeifer, Calhoun County Judge. T. COUNTY'S SUPPLEMENTAL INSTRUCTION: Instructions issued by the County's project manager to make minor changes in the Work not affecting the Total Compensation or the Completion Date, and consistent with the purpose of the Work. U. ENGINEER OF RECORD: Refers to the engineer/engineer of record who may act as a duly authorized assistant to the Project Manager. The Engineer of Record for this project is Norman E. Kramer, P.E., Atkins. V. NOTICE OF A WARD: The official letter from the County to the successful Bidder, notifying the company that they have been awarded the Bid. W. NOTICE TO PROCEED: The official letter from the County to Ihe Contractor notifying Ihe company that the executed contract has been approved and to proceed with the construction. X. INSPECTOR: The County's project manager or an authorized representative of the County who is assigned to inspect the Work. Y. PARTIAL RELEASE OF LIENS: The instrument that is to be signed by Contractor and submitted to the County upon completion of the Work, showing that all bills from Subcontractors have been paid. Z. PERFORMANCE AND PAYMENT BOND: The security fmmshed by Contractor and surety in either the form provided or in a form approved by the County as a guarantee that Contractor will perform all of its contractual obligations in accordance with the terms of the Agreement and pay in full all bills and accounts for material, labor, services, and supplies used directly or indirectly in the performance of the Work. AA. PERSON: Any individual, partnership, society, association,joint stock company, corporation, estate, receiver, trustee, assignee, referee, or capacity, whether appointed by a court or others, and any combination of individuals. BB. PLANS OR DRAWINGS: The approved drawings entitled dated March 2013 prepared by Atkins or exact reproductions thereof which show the location, character, dimensions and details of the work to be done and which are to be considered as a part of the Contract Documents, the 54 same as though attached thereto. The words, "plans and drawings" are used interchangeably. ce. PRINCIPAL: When used in a Procurement, Performance Bond, or Payment Bond, the word Itprincipal" means the same as the word "Contractor." DD. PROJECT MANAGER: Refers to Ihe individual represenling the County on all matters relating to the execution of the construction contract, acting personally or through an assistant duly authorized in writing. The County's Project Manager for this project is the Honorable Judge Michael J. Pfeifer, Calhoun Counly Judge EE. STATEMENT OF WORK: The part of this Agreemenl containing Ihe written directions and requirements and technical specifications for completing the Work. Standards for specifying materials or testing that are incorporated therein by reference shall have the same force and effect as if fully set forth therein. FF. SUBCONTRACTORS: Those persons having a direct contract with Contractor relating to performance of the Work, including one who furnishes material worked into a special design in accordance with the plans or specifications of the Work, but not including one who merely furnishes material. GG. SURETY: The person bound by the Agreement bond with and for Conlractor. and who is primarily liable and engages to be responsible for Contractor's satisfactory performance of the Work and for its payment of all debts pertaining thereto. HH. TOTAL COST: The total cost to be paid to Contractor for completion of Ihe Work. II. TOTAL COMPENSATION: The total amount of funds to be expended Agreement upon satisfactory completion of the Work provided pursuant to this for hereunder. JJ. VERBIAGE: The masculine pronoun will include the feminine and neuter and the singular will include the plural. KK. WORK: Includes labor, materials, equipment, transpOltation, supporting documentation, and all other products, services, or facilities required in connection with the construction of the jetty, groins, breakwaters and beach fill to make a complete, serviceable, finished and first quality product in complete performance of the Agreement. GC-2: CORRELATION AND INTENT OF DOCUMENTS This body of this Agreement and all attachments and documents incorporated by reference are complementary. What is called for by one shall be as binding as if called for by all. The intent of the documenls is to include all labor and materials, equipment, transportation, and incidentals necessary for the proper and complete execution of the Work. The County will furnish any additional instructions by means of drawings or otherwise as are necessary for the proper execution of the Work. Materials or work described in words, which so applied have a well-known technical or trade meaning, shall be held to refer to such recognized standards. GC-3: DUTY TO INSPECT, DISCLOSE DEFECTS IN SPECIFICATIONS, AND ONGOING WORK For any Agreement the performance of which is dependent upon conditions at the worksite, prior to submitting a cost for performance of the Work, Contractor is under a duty to inspect and satisfy itself concerning the nature and 55 the location of the Work and the general and local conditions, and pruticularly, but without limitation: (1) those affecting lransportation, disposal, handling, and storage of materials; (2) availability and quality of labor; (3) availability and condition of roads; (4) climatic condilions and seasons; (S) hydrology of the terrain; (6) topography and ground surface conditions; (7) nature and quantity of surface materials to be encountered; (8) equipment and facilities needed preliminary to and during performance of the Work; (9) presence of environmental concerns, such as listed species, wetlands, etc.; and (10) all other matters which can in any way affect performance of the Work or the cost associated therewith. The failure of Contractor to acquaint itself with the aforementioned applicable conditions will not relieve it from the responsibility for properly estimating either the difficulties, the time required, or the costs of successfully performing the Work. Where the County has investigated subsurface conditions in areas where the Work is to be performed, this data may be provided to Contractor, and is available upon request. Contractor must either seek clarification concerning the data or assume the responsibility for its interpretation of the data or information. If Contractor discovers hidden or subsurface conditions which differ materially from those normally expected or indicated in the technical specifications, then Contractor shall inmlediately, and before such conditions are disturbed, notify the County in writing within seven (7) calendar days of (1) subsurface or latent physical conditions differing materially from those indicated in the technical specifications, or (2) unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The County shall, as promptly as practicable, investigate the conditions and determine whether such conditions do materially differ so as to cause an increase or decrease in Contractor's cost. Where the differing site conditions materially impact Contractor's cost of performance, an equitable adjustment shall be made and the Agreement modified accordingly. No claim of Contractor under this article will be allowed unless Contractor has timely provided the required notice. If Contractor in the course of the Work finds any defect in the plans and specifications for the Work, including, but not limited to any discrepancy between the drawings and the physical conditions of the locality or any errors or omissions in the drawings or in the layout, as given by points and instructions, it shall immediately inform the County in writing, which shall be promptly verified by the County. Any Work done after such discovery, until authorized, will be done at Contractor's risk as to cost overruns and modifications necessary to correct deficiencies in Ihe Work. To ensure the proper execution of its subsequent Work, Contractor shall measure Work already in place or completed and shall at once report to the County any discrepancy between the executed Work and the drawings or other specifications. GC-4: ACCESS, WORK AREA, GATES Access. For any Work that is performed on County property or property interests, the County will provide sufficient access to accomplish the Work, provided, however, that Contractor may not be entitled to remedy at County expense deficiencies in access that could have been ascertained by an inspection of the worksite in accordance with GC-3: DUTY TO INSPECT, DISCLOSE DEFECTS IN SPECIFICATIONS, AND ONGOING WORK. Contraclor shan maintain all on-site roadways and all paved and unpaved access roadways to and from the worksite in an acceptable and passable condition at no additional cost to the County, which shall, at the conclusion of the work, be returned to their original condition. Land access to construction sites shall be restricted to the route designated by the County. Contractor shall be responsible for any or all improvements and repairs to the access routes required during construction. All access routes shall be used for the purpose of construction only. Contractor shall not disturb lands or waters outside the area of const1'llction, except as may be found necessary and authorized by the County. Work Area. To minimize the total impact, all Work shall be confined to the areas indicated herein. If for any reason Contractor feels that the work area is insufficient. Contractor shall obtain written approval from the County before making any adjustments. S6 Gates. Contractor shall keep all gates to County lands or easements closed and locked in accordance with County specifications when not in use, and shall immediately notify the County when a gate has become impaired due to vandalism or other cause. Contractor shall be responsible for providing lock(s) to County properties, unless otherwise stated in the specifications. GC.5: SURVEYS, PRESERVATION OF MONUMENTS, POINTS AND INSTRUCTIONS Surveys. The Contractor will be responsible for the cost of re-establishing survey control and any mistakes that may be caused by the loss or disturbance of survey control. The stake out shall include laying out the project by placing vertical stakes in alignment with the project footprint in order to present outline of the work to be completed. Contractor shall establish and maintain two (2) primary control points within the Project Area during the duration of construction. The Contractor shall be responsible for continuously maintaining the position of the excavating equipment within the prescribed construction limits. The Contractor shall have adequate personnel on site with ability of setting accurate control for operations. Excavation and embankment work will be held to a +/- 0.5 feet tolerance from the design elevation shown on the Contract Drawings, If work is out of tolerance per the surveys, the Contractor will be notified and asked to remedy the situation if detrimental to the project. Contractor shall furnish all personnel, equipment, and materials to make such surveys as are necessary to determine the quantities of the Work performed, Field notes and computations for estimates shall be presented to the Engineer of Record for verification of the quantities estimated, as applicable, Unless otherwise specified, the quantities stipulated in the Bid for various items are approximate only and subject to increase or decrease in order to make them conform to the program or work selected and actual construction peIformed, The Contractor will peIform a complete and finished job of the scope designated in the award whether the final quantities are more or less than those estimated, The Contractor will be responsible for verifying all estimated quantities and incorporating any adjustments from the computation into the Lump Sum Bid Price(s) submitted. During the course of construction, the Contractor shall record all information required to complete a set of Record Shop Drawings. Information to be included on the Record Shop Drawings shall be recorded on one working set of construction drawings during the course of the Work, and shall include actual structure dimensions and elevations. If field changes are made to modify the Work io any way, such field changes shall be documented on the Record Shop Drawings by dimension, detail and date, The working set of construction drawings shall be kept at the site and available for review by the County and the Engineer during the progress of the Work. Prior to Substantial Completion of the Work, the Contractor shall transfer the information to a final Project Record set of reproducible drawings, and submit the drawings to the County through the Engineer, along with a certification as to the accuracy and completeness of the drawings. Prior to final payment, the Record Shop Drawings shall be revised by the Contractor to reflect any changes which have occurred. Following the completion of construction, the Contractor shall provide an as-built survey using the same stations as shown on the plans, Preservation of Monuments. Contractor shall be responsible for any deficiencies in the Work that may be caused by their unnecessary loss or disturbance and shall be charged with any such costs, Points and Instructions. Contractor shall not proceed until it has made a timely request to the County for, and has received, such points and instructions as may be necessary as the Work progresses. The Work shall be done in strict conformity with such points and instructions, 57 GC-6: PERMITS, REGULATIONS, AND LICENSES All work performed by the Contraclor and its agents will comply with all applicable permits and regnlations. All materials used and work performed must conform to the laws of the United States, the state of Texas and Calhoun County and municipal ordinances. Unless otherwise provided in the Statement of Work, the responsibility of the parties for obtaining necessary permits shall be apportioned as follows: A. Contractor shall procure any permits required by the County or municipality wherein the Work is located. B. Contractor shall give to the proper authorities all required notices relative to the Work in its charge; obtain and pay for all official permits or any other licenses, including any and all professional licenses required by the nature of the work pursuant to the laws of the state of Texas, code stamps and inspections that are the responsibility of Contractor to obtain; and fumish any bonds, security, or deposits required to permit performance of the Work. C. Until the Work is accepted by Ihe County as substantially complete, Contractor shall comply with all conditions of permits issued by governmental agencies, which are incorporated herein. D. Contractor is responsible for the resolution of any issues resulting from a finding of noncompliance by any regulatory agencies, including all costs for delays, litigation, fines, or other costs. E. The Contractor, at time of proposal, shall possess the correct occupational licenses, all professional licenses, or other authorizations necessary to carry out and perform the work required for this project pursuant to all applicable Federal, State, and Local Laws, Statues, Ordinances, and rules and regulations of any kind. GC-7: PROJECT SCHEDULING AND WORK PLANNING Pre-worl{ Conference. Within seven (7) business days after the execution of this Agreement, Contractor shall be responsible for scheduling a pre-work conference with the County's project manager and the Engineer of Record at a mutually convenient time. The purpose of this conference shall be to discuss scheduling of the Work and any matters related thereto. Contractor shall provide a work plan detailing how the Contractor will execute the Work for the County's approvalnolless than five (5) days prior to the pre-work conference. Contractor will allow ten (10) days from the date of the County's receipt of the work plan for review and approval. Critical Path Manm!ement. The County may require Contractor to provide a Critical Path Management (ePM) network for the Work, which, if required, shall be provided within fifteen (15) days of receipl of a request therefore 01' at the time of submittal of the work plan, whichever occurs last. Contractor shall utilize Microsoft Project 2000 software for the CPM, with a separate line for each major section of work or operation. The CPM shall show (1) the first workday of each week, (2) the complete sequence of construction by activity, identifying the Work in separate stages and other logically grouped activities, (3) the early and late start and the early and late finish, and (4) the submittal dates required for shop drawings, product data, samples, and product delivery dates, including those furnished by Ihe County. Contractor will allow ten (10) days from the date of the County's receipt of the CPM for the County's review and approval. If deemed necessary by the County, Contractor shall revise and resubmit the CPM. Contractor shall submit an updated CPM schedule with each invoice, identifying any changes since the previous submission and indicating the estimated percentage of completion for each item of the Work. The County owns all float. Daily Reporting. The County may require Contractor to provide a daily report regarding the progress of the Work. The need for a daily report shall be determined at the pre-work conference. If required, a form shall be completed for each day that any Work is performed, which shall begin with commencement of the Work and continue until the project has been compleled and accepted by Ihe County. Completed forms shall be submitted to Ihe Engineer of Record or other authorized representative by 9:00 a.m. of the following day. A daily log should be kept documenting weather conditions showing the observed winds and direction during work hours, the amount of precipitation received on the Project Site, and any other weather conditions which adversely affect the work; soil conditions which adversely affect the Work; The hours of operation by Contractor's and Subcontractor's personnel; The number of Contractor's and Subcontractor's personnel present and working at the Project Site, by subcontract and trade; all equipment present at the Project Site, description of equipment use and designation of time equipment was 58 lIsed (specifically indicating any downtime); Description of Work being performed at the Project Site, including work competed that day in reference to the nearest stations designated on the plans, if applicable; Any usual or special OCCUlTences at the Project Site; A list of all visitors to the Project Site; Any problems that might impact either the cost 01' quality of the Work 01' the time of performance. PrOl!ress Meetinl!s. The County may elect to conduct on-site progress meetings with Contractor on a frequency to be determined by the County. In such event, Contractor shall make available its project manager andlor superintendent and other appropriate personnel to discuss matters pertinent to performance of the Work in progress. Failure to Meet Schedule. If the progress of the Work falls five percent (5%) or more behind schedule, except as a result of delays approved by the County, Contractor shall take all necessary steps to augment the work effort to get Ihe project back on schedule. Should the progress of the Work rail ten percent (10%) or more behind schedule, Ihe County will formally advise Contractor through a "cureu notice that the County considers Contractor's failure a condition that is endangering performance of this Agreement, and that unless said failure is cured within the time frames specified in said notice, the County may terminate this Agreement for default pursuant to GC-18: COUNTY TERMINATION FOR CAUSE. Materials and Eouioment Schedules. As soon as practicable after the execution of the Contract, and before any material or equipment is purchased, the Contractor will submit to the Engineer of Record for approval a complete list of materials and equipment to be incorporated in the work. Any materials listed, which are not in accordance with the Contract Document requirements will be rejected. Erosion Control. The Contractor will be responsible for maintenance of State and Federal Water Quality Standards by implementing erosion control management practices to eliminate sediment transport from project work areas. Erosion control devices will include floating turbidity barriers, staked silt fence, staked hay bales, temporary sediment sumps as well as other Best Management Practices (HMP's) as necessary. The Contractor shall prepare and submit an erosion and turbidity control plan and dewatering plan to the Engineer of Record for County review and approval prior to commencement of work. The County has the right to test turbidity. If the results are not within parameters stated within permit documentation, all construction activity shall be stopped. GC-8: CONTRACT DRAWINGS AND SPECIFICATIONS The successful Contractor will be furnished, without charge, three (3) sets of drawings and pelformance specifications. The drawings which constitute a part of the Bid documents are as indexed on the title sheet of the drawings. Additional sets may be purchased at the cost of printing. Contractor shall maintain in a safe place at the Project Site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Engineer, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. As construction progresses, the Contractor will note all deviations from the drawings and specifications on this set. Such deviations will be approved by the Engineer of Record and will include all changes in materials and equipment. The Engineer of Record will periodically check these drawings for completeness and accuracy and at the completion of the work these drawings will be used by the County as a guide in the preparation of permanent Record Drawings. All buried and concealed items, both inside and outside the Project Site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Engineer for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to the Engineer by Contractor. 59 Contractor agrees that all relevant records related to this Agreement, including the records of its Subcontractors, shall be subject to audit. Accordingly, such records shall be subject, at any time, to inspection, examination, audit, and copying at any location where such records may be found, with or without notice from the County or other government entity with necessary legal authority. Contractor agrees to cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Contractor will ensure that this clause concerning federal and state entities' authority to inspect, examine, audit, and copy records, and the requirement to fully cboperate with the federal and state entities, is included in any subcontract it awards. Contractor agrees that the County or its duly authorized representatives shall, until the expiration of five (5) years after expenditure of funds hereunder, have access to examine any of Contractor's books, documents, papers, and other records involving transactions related to this Agreement. Contractor shall preserve all such records for a period of not less than five (5) years. The period of retention may be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. The Engineer of Record1s interpretation of the drawings and/or specifications will be final. Large scale drawings supersede small scale drawings. Dimensions govern in all cases. Scaling of drawings may be done only for general location and general size of items. All dimensions shown of existing work and all dimensions required for work that is to be connected with existing work will be verified by the Contractor by actual measurement of the existing work. Any work or variance with that specified or shown on the drawings will not be performed by the Contractor until approved in writing by the Engineer of Record. Any work performed by the Contractor without such approval from the County will be at their own risk and expense. A feasibility level survey was conducted by Naismith Marine Services, Inc. on behalf of the County and is the basis for the preparation of the construction plans. Technical specifications and Special Provisions for work not specified by plans, notes, and details are provided in Exhibit "D". GC-9: CONTRACTOR'S QUESTIONS OR ISSUES REGARDING PERFORMANCE OF THE WORK It is the County's intention to fully assist Contractor in the successful performance of the Work and to respond in a timely manner to any questions or issues that arise. Contractor should initially discuss any questions or issues with the County's project manager and communicate such questions or issues to the County in writing when required by the terms of this Agreement or as otherwise determined by Contractor to be in its best interest. Within a reasonable time after their presentation, the County shall respond to any such questions or issues through its project manager. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under the Contract. If the Contractor, in the course of the work, finds any discrepancy between the drawings and the physical conditions of the locality or any errors or omissions in the drawings or in layout as given by points and instructions, it will be his duty to immediately inform the Engineer of Record, in writing, and the Engineer of Record will promptly verify the discrepancy. Any work done after such discovery, until authorized, will be done at the Contractor's risk. The Contractor acknowledges that he has investigated and correlated his observations with the requirements of this Invitation For Bid and satisfied himself as to the conditions affecting the work. These conditions include, but are not restricted to, those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, or similar physical conditions at the site, and the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all Drawings and Specifications and all other documents made a part of this Invitation For Bids. Any failure by the Contractor to acquaint himself with the available information will not relieve 60 Contractor from its responsibility for estimating properly the difficulty or cost of successfully performing the work. The County assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the County, its officers or employees prior to the execution of the Contract, unless such information has been stated expressly in this Invitation For Bids. GC-IO: PROTECTION OF THE WORK, COUNTY EQUIPMENT, AND PROPERTY Contractor shall be responsible for the proper care and protection of all material delivered and work performed until completion and final acceptance by the County, whether or not the same has been covered by partial payments made by the County. Contractor shall adequately protect and maintain all passageways, guard fences, lights, and other facilities as required by public authority or local conditions. Contractor shall continuously maintain adequate protection of the Work from damage and shall protect public and privately owned property, structures, utilities, and work of any kind against damage or interruptions of service that may result from its activities. Contractor shall be solely responsible for all County-owned equipment in its possession, Contractor shall repair, replace, or restore any damage, injury, or loss to any of the above public or private property at its expense and to the County's satisfaction. Should Contractor fail to perform its obligations hereunder, the County may make good any damage to public or private property caused by Contractor. The cost thereof shall be deducted from Contractor's final payment application, Contractor shall conduct the Work so as to minimize damage to existing improvements. Except where stated otherwise in the specifications or drawings, Contractor shall restore, as nearly as practical, to its original condition, any such improvements that are damaged by its operations. In the event of temporary suspension of the Work, or during inclement weather, or whenever the County shall direct, Contractor and its Subcontractors shall carefully protect the Work and materials from damage or injury caused by the weather. If any work or material is damaged or injured due to Contractor's andlor its Subcontractor's failure to so protect the Work, such materials shall be removed and replaced at the expense of Contractor. GC-ll: COUNTY INSPECTION AND TESTING OF WORK, REJECTION OF WORK AND MATERIALS, TOOLS, PLANTS, AND EQUIPMENT Standards for Oualitv and Workmanshio. All materials, equipment, and supplies furnished by Contractor for permanent incorporation into the Work shall be new and of the quality standards specified, Unless otherwise specified, all material and workmanship shall meet the requirements in the applicable standards specifications of the American Society for Testing and Materials (ASTM), If two or more brands, makes of material, devices, or equipment are shown or specified, each should be regarded as the equal of the other. First-calls and the finished product shall be equal to Ihe best-accepled standards of Ihe trade class. The finished product shall be equal to the best-accepted standards of the trade for the category of Work performed. The County's intent is to obtain a high quality job that will operate and function with the lowest possible maintenance costs. Inspection standards will be established to ensure that this objective is achieved. Materials and Eouiument Schedules. The County shall have the right of prior approval for all materials or equipment to be incorporated into the Work. Within ten (10) days after the date of contract award and before any material or equipment is purchased, Contractor shall submit to the Engineer of Record a complete list of materials or equipment to be incorporated into the Work. The list shall include catalog cuts, diagrams, drawings, and such other descriptive data as may be required. The use of materials or equipment not in accordance with this Agreement may be rejected. Insoection. The Work and all materials or equipment used therefore are subject to inspection by the County at all times in order to ensure compliance with this Agreement. Upon request, Contractor shall provide samples of the type and quantity of the various materials used in the Work, as determined and directed by the County or Engineer of Record, The County's project manager, Engineer of Record, and inspector(s) shall be provided access to the Work wherever it is in preparation or progress, Contractor shall provide proper facilities for such access and inspection. Construction Contractors shall maintain one complete copy of the drawings and specifications for the Work at the worksite, which shall be made available to the County upon request. 61 Re~examination of Work. The County may order re-examination of questioned Work and, if so ordered, the Work shall be uncovered by Contractor. If such Work is found to be in accordance with specifications, the County will pay the cost of re-examination and replacement. If such Work is found to be not in accordance with specifications, Contractor will pay such cost. Testinf!. The County may require that materials be tested prior to incorporation in the Work In some instances it may be expedient to make these tests at the source of supply. Therefore, upon request, Contractor shall furnish the County with information identifying the source of supply before incorporating material into the Work. Upon request, Contractor shall furnish two (2) copies of the manufacturer's certificate of compliance with these specifications covering manufactured items incorporated into the Work. All tests pelformed by a laboratory to ascertain whether the material. as placed, meets the required specification will be paid for by Contractor. This paragraph does not obligate the County to perform tests for acceptance of material or relieve Contractor of its responsibility to furnish satisfactory material. If the specifications, the County's instructions, laws, ordinances, or any public authority require any Work to be specifically tested or approved, Contractor shall give the County's project manager and the Engineer of Record timely notice of its readiness for inspection. If inspection is by an authority other than the Countis project manager and the Engineer of Record, Contractor's project manager shall supply the County's project manager with 72 hours prior notice of such inspection. Inspections by the County's project manager and/or the Engineer of Record will be made promptly and, where practicable. at the source of supply. If any Work should be covered up without the prior approval of the County's project manager or the Engineer of Record, it shall, if required by the County, be uncovered for examination at Contractor's expense. Reiection of Work and Materials. No materials shall be laid or used in the Work which are in any manner defective. The County may reject all Work and materials that do not conform to this Agreement, which shall be removed and replaced with approved quality material at no additional expense to the County. Notice shall be given to the County of any defective or imperfect material. If the County deems any portion of the Work unsatisfactory, Contractor shall rework those areas so that the total Work is completed in a manner satisfactory to the County. Contractor shall submit a Change Order in accordance wilh GC-14: CONTRACT AMENDMENTS, CHANGE ORDERS for any increase in the Total Compensation it believes it is entitled to receive. Tools. Plants. and Eouiument. If at any time before commencement of or during progress of the Work, tools, plant, or equipment appear to the County to be insufficient, inefficient, or inappropriate to secure the quality of Work or the proper rate of progress, the County may order the Contractor to increase its efficiency, to improve its character, or to augment the number of or substitute new tools, plant, or equipment, as the case may be. Contractor shall conform to such order. If the Contractor maintains that any such order is not in conformance with this Agreement, is unnecessary, or requires Contractor to incur excessive costs or delays, Contractor shall submit a Change Order in accordance with GC-14: CONTRACT AMENDMENTS, CHANGE ORDERS. Failure of the County to make such demand shall not relieve Contractor of its obligation to secure the quality of the Work and the rate of progress necessary to timely complete the Work. GC-12: MATERIAL SUBSTITUTION Except where otherwise indicated, whenever a material or a piece of equipment required in the Wark is shown in the specifications by using the name of the proprietary product or that of a particular manufacturer or vendor, any material, equipment, device, or article that will in the County's opinion at least equally pelform the same duties imposed by the general design, considering quality, workmanship, economy of operation, and suitability for the purpose intended, may be considered "equal" and substituted for the material or piece of equipment originally specified. In the event Contractor desires the County to consider a non-specified similar item for substitution, Contractor shall submit a written request for substitution, which shall give all pertinent details and comparisons of the substitute with the item specified. The County will notify Contractor in writing of its acceptance or rejection. In all cases, new material shall be used. Contractor shall be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the County's acceptance of a supplier of materials or equipment proposed as a substitution to be 62 incorporated in the Work, or of materials or equipment submitted for review prior to purchase by Contractor for incorporation in the Work. GC-13: MODIFICATION OF SPECIFICATIONS NOT AFFECTING TOTAL COMPENSATION OR COMPLETION DATE No verbal agreement or conversation with any officer, agent, or employee of the County after execution of this Agreement shall affect or modify any of its terms. No one is authorized to change any provision of the specifications without written authorization of the County. Nor shall the presence or absence of a County inspector relieve Contractor from any requirements of this Agreement. The Engineer of Record shall have authority to authorize field directives which are considered minor changes in the Work, not affecting the Total Compensation or the Completion Date, and not inconsistent with the purpose of the Work. Contractor shall not make changes authorized by the Engineer of Record without issuance of the Supplemental Instructions (SI) form (see Attachment 1) and approved by Contractor. All supplemental instructions shall be incorporated into the Agreement. The supplemental instructions, if approved solely upon the authority of the Engineer of Record, shall indicate that: (1) both parties agree that the changes in the Work will not affect the Total Compensation or the Completion Date, or (2) that Contractor believes that the proposed supplemental instructions will involve extra cost or extend the Completion Dale. FAILURE OF CONTRACTOR TO GIVE THE COUNTY WRITTEN NOTICE AS PROVIDED HEREIN CONSTITUTES A WAIVER OF ANY CLAIMS FOR EXTRA COST. If the County continues to direct that the supplemental instructions be implemented, Contractor shall implement said instructions and may submit a Change Order in accordance with GC-14: CONTRACT AMENDMENTS, CHANGE ORDERS. In an emergency endangering life or property, the procedure shall then be as provided for in GC.15: EMERGENCY CHANGES IN THE WORK. GC-14: CONTRACT AMENDMENTS; CHANGE ORDERS The County may make changes to this Agreement by altering, adding to, or deducting from the Work without liability to Contractor, except for the reasonable cost of any additional Work. The County shall execute a written Change Order specifying the change in the Work. All such Work within the capacity of Contractor to perform shall be performed pursuant to the terms hereof. Any associated claim for extension of time will be adjusted at the time of ordering the change in the Work. The parties shall negotiate the value of the change in the Work on an equitable basis. The value of any change in the Work may be determined in one or more of the following ways: A, By estimate and acceptance in a lump sum, B. By unit prices named in the contract or subsequently agreed upon, C. By costs and percentage or by cost and a fixed fee. If the parties cannot agree upon the cost of the Change Order, Contractor shall proceed with the Work and shall maintain and present in such form as the project manager may direct the correct amount of the net cost of labor and materials, together with vouchers. The Engineer of Record will certify the amount due Contractor, including reasonable allowances for overhead and profit. Pending a final determination of value, payments on account of any Change Order will be made based upon the Engineer of Record's estimate. Final resolution of the amount due to Contractor shall be pursuant to GC-32: DISPUTE RESOLUTION. The County may determine that County instructions to conect deficient Work, to stop the Work due to deficiencies in the Work, or any other matters related to performance of the Work, which impose additional costs upon Contractor, do not warrant an increase in the Total Compensation or an extension of the Completion Date. If Contractor disputes this determination, final resolution thereof shall be pursuant to the provisions of GC~32: DISPUTE RESOLUTION. 63 GC-15: EMERGENCY CHANGES IN THE WORK In the event an emergency endangering life or property requires immediate action, the County may give Contractor an oral order, direction, or instruction to proceed with an emergency change in the Work, which will be confirmed in writing within three (3) working days. Conlraclor shall, within ten (10) working days after commencement of the emergency change in the Work, provide the County with a written estimate of any increased costs or delays in completion of the Work that will be incurred as a result thereof. IF CONTRACTOR FAILS TO SO NOTIFY THE COUNTY, CONTRACTOR SHALL BE DEEMED TO HAVE WAIVED ANY RlGHT TO AN EXTENSION OF TIME OR INCREASE IN COMPENSATION AS A RESULT OF THE EMERGENCY CHANGE. Within twenty (20) days after the County's receipt of a cost estimate from Contractor, the parties shall seek to negotiate a Change Order based upon Contractor's written estimate. If unable to reach agreement, the determination of disputed issues shall be resolved pursuant to GC-32: DISPUTE RESOLUTION. In no event shall Contractor decline to perform the emergency change in the Work. GC-16: FORCE MAJEURE; DELAYS; EXTENSION OF COMPLETION DATE Force Majeure. Contractor shall not be subject to any liability for failure to carry out any of the terms of this Agreement to the extent that such failure shall be due to a Force Majeure event, as defined herein. Contractor shall not be relieved from liability for failures that are due to a Force Majeure event that could have been reasonably foreseen and guarded against so as to avoid or reduce the adverse impact of such event. Contractor-Induced Delav. Contractor shall not be compensated for delays in the Work caused by Contractor's, inefficiency rework made necessary by Contractor's error, failure to perform the Work as scheduled, or any other corrective or productivity measures made necessary by errors, omissions, or failures to properly perform the Work. Adverse Weather Conditions. The times specified herein for performances include delays that can ordinarily be anticipated due to adverse weather conditions. The County is not obligated to grant an extension of time due to adverse weather conditions unless sllch conditions rise to the level of Force Majeure, Drawimrs. If no schedule or agreement states the dates upon which drawings shall be furnished by the County, then no claim for delay wiII be aIIowed on account of the County's failure to furnish any such drawings until two (2) weeks after Contractor has made a written request therefore, Notice of Delav. Within ten (10) days after the onset of a delay, Contractor shall provide the County written nolice of Ihe delay, which shall include the following: (I) a detailed description the delay and its probable duration, (2) the specified portion of the Work affected, and (3) an opinion as to the cause of the delay and liability (if any) for the delay. Notices provided more than ten (10) days after the inception of the delay shall only be effective as to additional costs or delay in performance incurred during the ten (10) day period preceding receipt of such notice by the County. In the case of continuing cause or delay, only one claim for extension of time is necessary, FAILURE TO PROVIDE TillS NOTICE SHALL BE A WAIVER OF ANY CLAIM OF CONTRACTOR FOR EXTENSIONS OF TIME OR ADDITIONAL COMPENSATION AS A RESULT OF SUCH DELAY, AS PROVIDED HEREIN. Extension of the Completion Date. If Contractor should be delayed at any time in the progress of the Work due to the negligence of the County, the failure of a Contractor employed by the County to complete its work in a timely manner, changes ordered in the Work, a Force Majeure event, or any other cause which the County, in its sole judgment and discretion, determines to justify the delay, then the Completion Date may be extended for such time as is necessary to compensate for the delay, All time extensions shall be in the form of a written amendment and signed by both parties, 64 GC-17: COUNTY REMEDillS FOR NON-PERFORMANCE County Remedies. The remedies enumerated herein are non-exclusive. In addition to the remedies set forth below, the County may avail itself of any statutory and/or conmlon law remedies not specifically set forth herein. In the event of a breach ofthi8 Agreement. the County may terminate this Agreement for cause in accordance with GeNIS: COUNTY TERMINATION FOR CAUSE. Alternatively, the County may elecl to allow Conlractor to correct Ihe deficiency in performance or may take such action as is necessary to conect such deficiency through County action or that of a third pmty. Contractor Correction of Deficiencies. The County shall provide Contractor with written notice of a failure of performance hereunder. Such notice shall state the nature of the deficiency and, at the County's sole judgment and discretion, may afford Contractor an opportunity to correct said deficiency, in which event the notice shall specify the time allowed to cure said deficiency. If the County determines to allow Contractor an opportunity to correct the deficiency, Contractor shall promptly correct all Work rejected by the County. If Contractor disputes the fact that a failure of performance has occurred, Contractor shall, nevertheless, perform the corrective action and may submit a request for a Change Order in accordance wilh GC-14: CONTRACT AMENDMENTS, CHANGE ORDERS for any increase in the Total Compensation it believes it is entitled to receive. Unless expressly so provided by the County, the Completion Date shall not be extended as a result of action necessary to correct deficiencies in performance. Contractor shall also bear the expense of correcting all work of other Contractors that is destroyed, damaged, or otherwise negatively impacted by its corrective action. Failure of Contractor to initiate or complete corrective action within the prescribed time period may result in the County pursuing alternative remedies, as provided for herein. Alternative Remedies to Correct Deficiencv. If the County determines that it is not in its best interest for Contractor to correct incomplete or damaged Work caused by Contractor's failure of performance, the County may pursue any of the following remedies, or combination thereof, in whole or in part: A. Accept the Work as is and deduct the reasonable value of the deficient Work from the Total Compensation; B. Complete the Work Ihrough the ulilization of County employees and deduct the cost thereof from the Total Compensation; C. Contract with a third party to complete the deficient Work and deduct the cost thereof from the Total Compensation. County Technical Assistance. The County may elect to provide technical assistance to Contractor in order to complete satisfactory pelformance of the Work. If the County is performing the function that Contractor is required to perform pursuant to this Agreement, the County may deduct the cost of providing such technical assistance from the Total Compensation. Prior to providing any such extraordinary technical assistance, the County shall notify Contractor that it considers such assistance to be above and beyond its duties hereunder and of its intention to deduct the cost of providing such assistance from the Total Compensation. Contractor shan not be entitled to reject technical assistance when the County determines that such assistance is necessary for the successful completion of the Work. GC-I8: COUNTY TERMINATION FOR CAUSE The Agreement may be terminated by the County for cause in the event of any breach hereof, including, but not limited to, Contractor's: A. Failing to carry forward and complete the Work in accordance with the requirements hereof; B. Failing to comply with applicable laws, regulations, permits, or ordinances; C. Failing to timely commence or continuously and vigorously pursue correction of defective Work; D. Making a general assignment for the benefit of its creditors; E. Having a receiver appointed because of insolvency; F. Filing bankruptcy or having a petition for involuntary bankruptcy filed against it; 65 G. Failing to make prompt payments, when properly due, to Subcontractors, vendors, or others for materials or labor used in the Work; or H. Making a material misrepresentation to the County regarding the Work or performance thereof. The County shall provide Contractor with written notice of its intention to terminate this Agreement for cause, which shall provide the effective date of termination. Such notice shall state the nature of the deficiency and, at the County's sole judgment and discretion, may afford Contractor an opportunity to con-ect said deficiency, in which event the notice shall specify the time allowed to cure said deficiency. If the deficiency has not been corrected within the time allotted, the County may take possession of the premises and of all materials, tools, and appliances thereon and, if applicable, finish the Work by whatever methodes) the County deems expedient. In such case, Contractor shall not be entitled to receive any fmther payment until the Work is completed and accepted by the County. If the unpaid balance of the Total Compensation exceeds the expense of completing the Work, including compensation for additional managerial and administrative services, the excess will be paid to Contractor. If the expense exceeds the unpaid balance, Contractor shall pay the difference to the County. The expense incurred by the County and the damage incurred through Contractor's default will be certified by the County. GC-19: TERMINATION FOR CONVENIENCE Notwithstanding any other provision of this Agreement, the County reserves the right to terminate this Agreement or any Work issued under it, in whole or in part, at any time, with or without cause, upon thirty (30) days written notice to Contractor. Upon receiving notice of termination, Contractor shall discontinue the Work on the date and to the extent specified in the notice and shall place no further orders for materials, equipment, services, or facilities, except as needed to continue any portion of the Work that was not terminated. Contractor shall also make every reasonable effort to cancel, upon terms satisfactory to the County, all orders or subcontracts related to the terminated Work. In the event of such termination, Contractor shall be compensated for any Work performed prior to the date of termination and for materials that were ordered prior to receipt of notice of termination that cannot be returned to the vendor. Any such materials shall become the property of the County. Contractor waives all claims for compensation in excess of that which is specifically provided for herein, including, but not limited to, loss of anticipated profits; idle equipment, labor, and facilities; and claims of Subcontractors and vendors. GC-20: COUNTY'S RIGHT TO STOP WORK Susoension for Convenience. The County may direct the Contractor to stop the Work, in whole or in part, whenever, in the County's sole judgment and discretion, such stoppage is necessary to ensure the proper completion of the Work, avoid injury to third persons, or otherwise meet the objectives of the County. The County shall provide Contractor not less than five (5) days written notice, except in emergency circumstances. Should the County issue a Stop Work Notice for convenience, Contractor shall immediately comply with the instructions of the Stop Work Notice. Should such stoppage cause an increase or decrease in Contractor's cost, an equitable adjustment will be made in accordance with GC.I4: CONTRACT AMENDMENTS; CHANGE ORDERS. Stop Work Notice(s) shall continue in full force and effect until rescinded in writing by the County, unless the period of suspension is stated in the written notice. Susoension for Cause. The County may issue a written partial or full Stop Work Notice in the event Contractor fails to comply with, or is negligent in the performance of, any provision of this Agreement. In such event the County shall not be liable for any costs incurred by Contractor. The partial Stop Work Notice will include instructions as to the specific Work to be stopped. If a full Stop Work Notice is issued, all performance hereunder shall immediately cease and no further billable costs shall be incurred. The County may elect to have Contractor cease work until corrections are made at no additional cost to the County and with no allowance for extension of time, or it may elect to terminate tIus Agreement if Contractor fails 01' refuses to comply with the terms of a Stop Work Notice. 66 GC-21: CONTRACTOR'S RIGHT TO STOP WORK AND/OR TERMINATE AGREEMENT Stoo Work. Contractor shall not be entitled to stop work or terminate this Agreement except as expressly provided for herein. Contractor may stop work under the following circumstances: A. The Work is ordered to be temporarily discontinued by a caUlt Of other public authority; or B. It is necessary to stop work in order to protect the safety of Contractor, its officers, employees, or third persons who may be endangered by the Work; or C. The County fails to pay Contractor within forty-five (45) days of its maturity and presentation any sum certified by the Engineer of Record as being due for payment. In such event, Contractor shall provide the County not less than seven (7) days prior written notice of its intention to stop work, except in emergency circumstances when necessary to prevent injury to persons or property. Termination. Contractor may terminate this Agreement under the following circumstances: A. The Work is ordered to be discontinued by a court or other public authority, through no act or fault of Contractor, its officers, employees, or Subcontractors, for a period of not less than three (3) months; B. The County fails to pay Contractor within forty-five (45) days of its maturity and presentation, any sum certified by the Engineer of Record as being due for payment. In such event, Contractor shall provide the County no less than ten (10) days prior written notice of its intention to terminate this Agreement. Due to Perform. In the event of any other dispute or other matter arising from the performance of this Agreement, Contractor shall fully perform the Work in accordance with the County's written instructions and may claim additional compensation pursuant to GC-14: CONTRACT AMENDMENTS, CHANGE ORDERS. GC-22: USE OF COMPLETED PORTIONS OF THE WORI( The County shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or such portions may not have expired. Such taking of possession and use will not be deemed an acceptance of any Work not completed in accordance with tIllS Agreement. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to extra compensation, or extension of time, as necessary, to offset the effect of such prior possession and use. Any such claims shall be handled as Change Orders pursuant to GC-14: CONTRACT AMENDMENTS, CHANGE ORDERS. GC-23: REMOVAL OF EQUIPMENT; CLEANUP In the case of termination of this Agreement before completion, for any cause whatsoever, Contractor, if notified to do so by the County, shall promptly remove any or all of its equipment and supplies from any property interest of the County, failing which, the County shall have the right to remove such equipment and supplies at Contractor1s expense. Site cleanup includes all acts necessary to restore the worksite to not less than its original condition. Contractor shall, as directed by the County, at its own expense, remove from County property, and from all public and private property, all machinery, equipment, surplus materials, temporary structures, rubbish, and waste materials resulting from its activities. 67 GC-24: INSURANCE Prior to commencement of the Work on the project, Contractor shall be required, at Contractor's expense, to comply with the following insurance requirements: Furnish the County of Calhoun with a Certificate of Insurance, containing a THIRTY -DAY CANCELLATION CLAUSE, showing Contractor as the named insured, unless otherwise noted, and showing at least the following coverages: Commercial General Liabilitv: The Contractor shall have, (or purchase) and shall maintain in force during the duration of the Work, coverage for the hazard of explosion, collapse and underground shall be included. Coverage for independent Contractors liability, contractual liability, products/completed operations liability, personal injury and broad form property damage shall also be included. Completed operations liability shall be kept in force for at least one (1) year after Ihe date affinal completion. Coverages shall have at least the following limils. A. General Aggregate $1,000,000 B. Products-Completed Operations Aggregate $1,000,000 C. Personal and Advertising Injury $1,000,000 D. Each Occunence $1,000,000 E. Fire Damage $50,000 Countv's Protective Liabilitv: The Contractor shall have (or purchase) and maintain in force, for the duration of the Work, naming County, Countis Employees and County's Engineer as insured, and Countis Protective Liability coverage with at least the following limits. A. General Aggregate $1,000,000 B. Each Occurrence $1,000,000 Automobile Liabilitv: The Contractor shall have (or purchase) and shall maintain in force, for the duration of the Work, coverage cars and trucks owned, rented, hired, or leased, and others of non-ownership nature used by employees in and around or in connection with the particular Contract. Coverage shall have at least the following limit: A. Bodily injury per person B. Bodily injury total per accident C. PropClty damage $100,000 $300,000 $100,000 Builders Risk Insurance: The Contractor shall have (or purchase) and shall maintain in force during the duration of the Work, coverage for, but not limited to, fire, lightning, windstorm, tornado, hurricane, and hail. Coverage shall be in the amount of 100 percent complete value basis on the insurable portions of the project for the benefit of County, Contractor, and all Subcontractors, as their interests may appear. Deductible: No deductible on any coverage in excess of $500.00 per occurrence is acceptable. 68 Workers' Compensation and Employers' Liability: The Contractor shall have (or purchase) and shall maintain in force during the duration of the Work, the following coyerages with at least the corresponding limits. A. Compensation State and Federal Statutory Limits B. Employers Liability $1,000,000 C. Additional Workers' Compensation Insurance Coverage Requirements (I) Definitions (a) Certificate of Coverage ("Certificate") Certificate of Coverage, or "Certificate", shall be construed to mean a copy of a Certificate of Insurance, a Certificate of Authority to self-insure issued by the TWCC, or a Coverage Agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage of Contractor's employees providing services on a project, for the duration of the project. (b) Duration of the Project Duration of the project shall be construed to mean the time from the beginning of the Work on the project until Contractor's work on the project has been completed and accepted by the County. (c) Persons providing Services on the Project ("Subcontractor" in ~406.096) Persons providing services on the project, "Subcontractor", shall be construed to mean all persons or entities performing all or part of the services Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and 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 that furnishes persons to provide services on the project. (d) Services Services shall be construed to mean, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services shall not be construed to mean activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (e) TWCC TWCC shall stand for the Texas Workers' Compensation Commission. 69 (2) 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 40] .011(44) for all employees of Contractor providing services on the project, for the duration of the project. (3) Contractor must provide a certificate of coverage to Calhoun County prior to being awarded the Contract. (4) If the coverage period shown on Contractor's current certificate of coverage ends during the duration of the project, Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the County showing that coverage has been extended. (5) The Contractor shall obtain from each person providing services on a project, and provide to the County the following. (a) A certificate of coverage, prior to that person beginning work on the project, so the County will have on file certificates of coverage showing coverage for all persons providing services on the project. (b) No later than seven (7) days after receipt by Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the cun-ent certificate of coverage ends during the duration of the project. (6) Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. (7) Contractor shall notify the County in Wfltlllg by certified mail or personal delivery, within ten (10) days after Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. (8) Contractor shall post on each project site a notice 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 or failure to provide coverage. TIns notice does not satisfy other posting requirements imposed by the Act or other TWCC rules. This notice must be printed with a title in at least 30 point bold type and text in alleasl ]9 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be as follows without any additional words or changes. REQUIRED WORKERS' COMPENSA nON COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. II "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 70 (9) Contractor shall contractually require each person with whom Contractor contracts to provide services on a project to do the following. (a) 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 ~ 401.011(44) for all of its employees providing services on the project, for the duration of the project. (b) Provide Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of Ihe person providing services on the project, for the duration of the project. (c) 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 of coverage ends during the duration of the project. (d) Obtain from each other person with whom it contracts, and provide to Contractor the following: i. A certificate of coverage, prior to the other person beginning work on the project. ii. 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 of coverage ends during the duration of the project. (e) Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter. (I) Notify the County in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change Ihat materially affects the provision of coverage of any person providing services on the project. (g) Contractually require each person with whom it contracts, to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. (10) By signing this Contract or providing or causing to be provided a certificate of coverage, Contractor is representing to County 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 TWCCs Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, 01' other civil actions. 71 (11) Contractor's failure to comply with any of these prOVISIOns is a breach of contract by Contractor which entitles the County to declare the Contract void if Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from County. GC-25: BONDS The County may require Contractor to furnish bonds covering its faithful performance of this Agreement and the payment of all obligations arising hereunder in such forms as prescribed herein and with such sureties as it may approve. In the event bonds are required, the type and amount of such bonds shall be specified in the procurement to which this Agreement applies. Premium for such bonds shall be paid by Contractor. A Perlormance Bond and a Payment Bond satisfactory to the County, each in an amount not less than the submitted cost, may be required of the successful Bidder(s) for, among others, the following reasons: (1) to guarantee faithful peIformance of this Agreement, including all applicable warranties and (2) to guarantee the payment of all labor, materials, rental, etc. The bonds shall be in the reproduced forms provided herein and written through a licensed Texas agency by a company licensed to do business in the state of Texas, meeting the following requirements: A. Oualification-Manal!ement and Streneth. The sureties must be rated as 'AAA' or better as to strength by Best's Insurance Guide, published by Alfred M. Best Company, Inc., 75 Fulton Streel, New York, New York. B. Bondilll! Limit-Anv One Risk. The bonding limit of the Sureties shall not exceed five percent (5%) of Ihe policyholder surplus (capital and surplus) as listed by the aforementioned Best's Insurance Guide. The completed Bonds shall be delivered to and accepted by the County prior to Contractor commencing work. GC-26: DIVERSITY Consislent with Item 9 - Equal Employment Opportunity, the County is connnilled to Ihe opp011unily for diversity in the performance of all procurements, and encourages its prime vendors (Contractors and suppliers) to make good faith efforts to ensure that women and minority-owned business enterprises (W /MBE) are given the opportunity for maximum participation, as the second- and lower-tier participants. The County will assist its vendors (Contractors and suppliers) by sharing information on W/MBEs to encourage their participation. GC-27: LillNS Neither the final payment nor any part of the retained percentage shall become due until Contractor delivers to the County complete releases of all labor and material cost liens arising from Contractor's performance of this Agreement, including those of Contractor and any Subcontractors, and an affidavit by Contractor stating that the releases and receipts include all the labor and material costs for which a lien could be filed. If any Subcontractor refuses to fumish Contractor a release or a receipt in full, Contractor may fumish to the County a bond satisfactory to the County, indemnifying the County against any such potential lien. If any lien or potential lien remains unsatisfied, the County shall have the right to discharge the same forthwith and deduct the cost thereof from any amounts due to Contractor. In the event Contractor has been fully paid or the amount of such lien exceeds the amount due to Contractor, Contractor shall refund to the County all monies that the County paid in discharging such lien, including all costs and a reasonable attorney's fee. The discharging of such a lien by the County shall not constitute a waiver of any claims of defenses that Contractor may have against the lienor. 72 GC-28: COORDINATION WITH THE COUNTY AND OTHER COUNTY CONTRACTORS The County reserves the right to let other contracts in connection with the Work. Wherever work done by the County or another County Contractor is contiguous to Contractor's Work, the respective rights of the vmious interests involved shall be established by the County so as to secure the completion of the Work in general agreement. Contractor shall arrange its Work so as not to interfere with the operations of the County or other County Contractors and to join its Work to that of others in a proper manner, in accordance with the intent oftlle Statement of Work, and shall perform its Work in the proper sequence in relation to that of other Contractors, as may be directed by the County. Contractor shall afford other County Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly conduct and coordinate its Work with theirs. Contractor shall take into account all contingent work to be done by others and shall not plead its want of knowledge of such contingent work as a basis for delay 01' non-performance. Contractor shall be liable for any damage done by it or its agents to the work performed by other County Contractors. If any part of the Work depends for propel' execution or results upon the work of any other County Contractors, Contractor shall inspect and promptly report to the County any defects in the other Contractor's work that render it unsuitable for such proper execution and results. THE FAILURE TO SO INSPEcr AND REPORT SHALL CONSTITUTE AN ACCEPTANCE OF THE OTHER CONTRACTOR'S WORK AS FIT AND PROPER FOR THE RECEPTION OF ITS WORK, EXCEPT AS TO DEFECTS WHICH MAY DEVELOP IN THE OTHER CONTRAcrOR'S WORK AFfER THE EXECUTION OF THE WORK. GC.29: SAFETY Contractor shall at all times enforce strict discipline and good order among its employees and shall not employ any unfit person or anyone not skilled in the work assigned. Neither Contractor nor its Subcontractors and servants shall allow 01' cause to be allowed any hunting, fishing, or any weapons, animals, alcohol, or drugs, on or from County propmty or easements, including, but not limited to, construction sites or adjacent property. Contractor shall not permit its employees to park their vehicles or store equipment or materials adjacent to the traveled way or right-of-way where it may be a hazard to traffic. A clear distance of at least thirty (30) feet from Ihe edge of the pavement or right-of-way shall be kept free of any obstacles unless otherwise authorized by the County. In performing the Work, Contractor shall provide and maintain sufficient protection for the lives and health and safety of its employees and other persons who may utilize the premises upon which the Work is to be performed, and to prevent damage to property, materials, and equipment. To this end, Contractor shall comply with all applicable state, federal, and local governmental safety laws, rules, regulations, and ordinances. Contractor shall make certain that only authorized persOlll1el are allowed on the worksite, if applicable, and shall post notices warning both employees and members of the public of all safety hazards. Warning signs shall be furnished, erected, maintained, moved, and removed as required by all applicable laws, rules, regulations, and ordinances or by this Agreement, to adequately and safely inform and direct the traveling public. Signs and markers shall indicate actual conditions. Contractor shall have the sole and exclusive duty for maintenance of the safety of the premises and other matters described above. The County shall be under no duty to inspect the worksite to ensure compliance with the terms hereof. Any such inspection or action taken by the County to remedy deficiencies in the safety conditions at the worksite shall not constitute an assumption of any such duty by the County. Ensure that these vest/garments be worn whenever the workers are within 15 feet of the edge of the travelway. Workers operating machinery or equipment in which loose clothing could become entangled during operation are exempt from this requirement. Such exempt workers will be required to wear orange shirts or jackets. Require Contractor personnel to wear reflective orange vest/garment during nighttime operations. PFDs must be worn when working on barges and support vessels at all times. The vendor or Contractor hereby guarantees to the County of Calhoun, Texas that all materials, supplies, equipment, and any work done as listed on the bid, contract or purchase orders meets or exceeds the requirements, 73 specifications, and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall carry V.L. approval and re-examination listing where such has been established. GC-30: PROTECTION OF LAND AND WATER RESOURCES Contractor shall not discharge or permit the discharge, directly or indirectly, of any fuels, oils, bitumens, calcium chloride, acids, insecticides, herbicides, wastes, toxic or hazardous substances, or other pollutants or harmful materials, onto any lands or into any surface or ground waters, including, but not limited to, streams, lakes, rivers, canals, ditches, or reservoirs. Contractor shall investigate and comply with all applicable federal, state, County, and municipal laws concerning toxic wastes, hazardous substances, and pollution of surface and ground waters. If any waste, toxic or hazardous substance, or other material that can cause pollution, as defined in Section 365.012, Texas Statutes is dumped or spilled in unauthorized areas, Contractor shaH notify the County thereof within one (1) workday and thereafter shall remove the material and restore the area to its original condition. If necessary, contaminated ground shall be excavated and disposed of as directed by the County and replaced with suitable fill material, compacted and finished with topsoil, and planted as required to re-establish vegetation. All cleanup and disposal costs shall be borne by Contractor. When necessary to prevent unsanitary conditions at the worksite, Contractor shaH provide and maintain temporary outside toilet facilities for use by persons working at the site. The facilities shall comply with all applicable legal and health requirements and shall be removed when construction is completed. GC-3I: A VOIDANCE OF PUBLIC OR PRIVATE NUISANCE Contractor shall exercise every reasonable precaution and means to avoid the creation or continuance of any public or private nuisances resulting from the progress of the Work, including, but not limited to, excessive noise associated with radio or other forms of electronic enteltainment for persons at the worksite, dust arising out of all construction operations, and the uncontrolled flow of surface waters. GC-32: DISPUTE RESOLUTION Contractor has the duty to seek clarification and resolution of any issue, discrepancy, misunderstanding, or dispute arising from questions concerning interpretation or acceptable fulfillment of this Agreement by the parties. Unless otherwise specified, any formal request by Contractor for additional compensation, schedule adjustment, or other dispute resolution shall be submitted by Contractor to the County's project manager and the Engineer of Record no later than ten (10) days after the occurrence of the event causing the dispute. The County's project manager shall forward the formal request to the County's Office of General Counsel for consideration. Contractor may request non-binding mediation in the formal request. The County's s Office of General Counsel shall, at its sole discretion, determine whether the formal request will be addressed through mediation. If the County's Office of General Counsel chooses to submit to non-binding mediation, the parties shall share equally in all associated costs. FAILURE TO PROVIDE SUCH FORMAL REQUEST SHALL CONSTITUTE A WAIVER OF ANY CLAIM ARISING OUT OF EVENTS OCCURRING MORE THAN TEN (10) DAYS PRIOR TO THE DATE THE FORMAL REQUEST IS PROVIDED TO THE COUNTY, UNLESS EXTENDED BY THE COUNTY. No later than twenty (20) days after the receipt of such request, the County will inform Contractor of its decision to submit to non-binding mediation or it will issue a written decision upon the request; provided, however, that the County may extend this period for an additional twenty (20) days in complex matters requiring detailed investigation. If the County chooses to consider the matter in-house, a determination will be provided to Contractor's authorized representative. At all times, Contractor shall proceed with the Work in accordance with said determination, instruction, or clarification. The determination of the County shall be deemed final and accepted by Contractor unless Contractor, within ten (10) days after receipt thereof, files with the County, copying the County's 74 project manager and the Engineer of Record, a written statement that clearly describes the basis for Contractor's disagreement with said determination. FAILURE TO SUBMIT A WRITTEN STATEMENT AS PROVIDED FOR HEREIN SHALL CONSTITUTE A WAIVER OF ANY RIGHT TO FURTHER DISPUTE THE COUNTY'S DETERMINATION, INSTRUCTION, OR CLARIFICATION. No later than ten (10) days after receipt of such written statement, the County shall issue its decision as to whether the prior determination will be modified. The County's decision shall constitute final action of the County and shall thereafter be subject to judicial review. GC-33: SUBSTANTIAL COMPLETION; PUNCH LIST Prior to payment of retainage Contractor must notify the County in WrItIng that it considers the Work to be substantially complete. "Substantially complete" is the point when the County can beneficially occupy its property and use the Work for its intended purpose, with only minor items remaining in order for the Work to be fully complete. Within five (5) business days of the completion of the post-construction survey the County wlll thoroughly examine the excavation portion of the Work for determination of acceptability of performance. Should any depressions, lumps, or other lack of Contract required grading elevation, width, or slope (i.e. lack of acceptable Contract performance) be disclosed by this examination, the Contractor will be required to comply with the Contract by grading the affected surface until the condition is corrected. Excavation and embankment work will be held to a +/- 0.5 feet tolerance from the design elevation shown on the Contract Drawings. If work is out of tolerance per the surveys, the Contractor will be notified and asked to remedy the situation if detrimental to the project. If re-grading is required to correct the unacceptable Work, the grading will NOT be paid for above the maximum payment set forth in the Contract. Final acceptance of a corrected work area shall not change the time of payment, work schedule, retained percentages of the whole or any part of the Work Within five (5) business days of receipt of such notice the County shall notify Contractor as to whether it considers the Work to be substantially complete. Failure to provide such notice shall be deemed agreement by the County that the Work is substantially complete. Upon agreement by the parties that the Work is subslantially complete. The County, with Contractor's participation, shall, within 7 calendar days of such agreement, develop and submit to Contractor the list of items CPunch List") required to render complete, satisfactory, and acceptable all the construction services provided for hereunder. Failure to include any corrective work or pending items not yet completed on the Punch List does not alter the responsibility of Contractor to complete all construction services. Upon completion of all items on the Punch List, Contractor may submit a payment request for all remaining retainage. If the County disputes whether any of the items on the Punch List have been completed, it may withhold 150 percent of the estimated cost of completing any such items, and shall return the remainder of the retainage to Contractor. GC 34: FINAL COMPLETION Near completion of the Project the County and Contractor will conduct a Pre-Final Inspection. The COllnty will inspect for demobilization and clean-up of temporary staging areas. The County will perform the Pre-Final Inspection to verify Work is complete and ready for Final Acceptance. The County Pre-Final Inspection may result in additional Work to be done. The Contractor shall ensure items are corrected before notifying the County so that a Final Inspection can be scheduled. Any items noted on the Pre-Final Inspection shall be corrected in a timely manner. Pre-Final Inspection and deficiency corrections shall be accomplished within the Project completion period. Final Inspection will be scheduled by the County based upon Ihe results of Pre-Final Inspeclion. The Contractor shall notify the County when ready for the Final Inspection and the County will schedule the inspection to be performed within five (5) business days. The Contractor will be responsible for assuring that Work will be complete and acceptable by the final inspection date. Contractor's failure to have the Work completed by this inspection will be cause for the County to bill the Contractor for the County's additional inspection costs and possible liquidated damages. 75 GC.35: WARRANTY All equipment, materials and installation thereof which are furnished by the Contractor will be guaranteed by the Contractor against defective workmanship, mechanical and physical defects, leakage, breakage and other damages and failure under normal operation for a period of one year from and after the date of acceptance thereof by the County. Each item of equipment or materials and installation proving to be defective within the specified period of Ihe guaranty will be replaced without cost to the County by the Contractor or by the Surety. Contractor warrants that the Work and workmanship and material furnished by Contractor shall be new and of specified quality, shall conform to the requirements of this Agreement, shall be free from defects, and shall be free from any security interest, lien, or other encumbrances. This warranty shall remain in effect for a period of twelve (12) months after completion of the Work, unless otherwise specified herein. Any defective Work, workmanship, or material corrected during the warranty period shall be similarly warranted for twelve (12) months following its correction or for such other period as specified herein. In the event of breach of this warranty, Contractor shall take the necessary actions to correct the breach in the most expedient manner as dictated by then-existing circumstances. All costs incidental to the repair, replacement, redesign, and testing incurred as a result of a breach of warranty, including the removal, replacement, and reinstallation of equipment that was in place when the Work was started by Contractor, shall be the responsibility of Contractor. Upon written notification of breach of warranty that requires corrective action, Contractor shall promptly send the necessary personnel to the project site to assume responsibility for such corrective action. Time is of the essence and work necessary to correct the nonconformance shall be completed on a schedule directed by the County. Contractor shall be afforded necessary and reasonable access to perform warranty work. If Contractor, upon notification of breach of warranty, does not promptly take steps to correct the breach, the County may correct the breach without waiving any other rights 01' remedies it may have, at law or otherwise, and Contractor shall reimburse the County for all expenses reasonably incurred by the County in performance of such corrective action. Contractor shall have no obligation for breach of warranty if the County fails to store, operate, or maintain the equipment or other equipment affecting the work, workmanship, or materials in accordance with generally approved industrial practices or any specific requirements set forth herein, or in accordance with any storage, operating, or maintenance instructions furnished to the County. The express warranty set forth in this article shall not be exclusive and shall not act as a limitation upon any statutory or other warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. GC-36: WORK SCHEDULE Construction is limited to daylight hams. The normal working hours will be considered as being from one half-hour after sunrise to one half-hour before sunset Monday through Friday. The Contractor is responsible for complying with local ordinances regarding noise restrictions and working hours. Contractor sha11110t perform any Work outside of these hours without specific approval of County. Within fifteen (15) days of the effective date of the Agreement, Contractor and the County shall mutually agree on the schedule of work hours to be utilized by Contractor. All requests to change the schedule shall be coordinated with the County a minimum of 24 hours in advance of the change, to be confirmed in writing. In the event that Contractor's Work extends beyond sunset, sufficient lighting shall be supplied at Contractor's expense for worker safety. 76 GC-37: GENERAL NOTES 36.1 All elevations refer to the North American Vertical Datum of 1988 (NAVD 88). 36.2 Meau Higher High Water (MHHW) elevations for this project area are based on NOAA Gauge 8773259 at Port Lavaca and NOAA Gauge 8773701 at Port O'Connor, Texas. 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 The Contractor shall make their own determination of the quantities of work required to complete the construction shown on the plans. The Contractor shall also make their own assessment of the site and the work required prior to bidding and any discrepancies, errors or omissions, shall be brought to the attention of the County representative before the bid due date. All construction activity will be conducted during daylight hours from one half-hour after sunrise to one half hour before sunset. All work will be completed in accordance with the plans and specifications. All work will be completed within designated areas. Upon the completion of the Work the Contractor shall promptly remove equipment. The Contractor will also be required to remove obstructions. The Contractor is responsible for verifying the location of all underground utilities or other objects prior to commencing work at the site. Any utilities or other items damaged during construction shall be repaired at no cost to Ihe County. "Dial Dig" (1-800-424-5555) All areas or items that are damaged or disturbed by the Contractor shall be restored to their original or better condition at no cost to the County. The Contractor shall check plans for conflicts and discrepancies prior to construction. The Contractor shall notify the Engineer of Record of any conflict before performing any work in the affected area. The Contractor is responsible for repairing any damage to existing facilities, above or below ground, which may occur as a result of the work performed by the Contractor at no cost to the County. It is the Contractor's responsibility to become familiar with the permit and inspection requirements of the various governmental agencies. The Contractor shall obtain all necessary permits prior to construction and schedule inspections according to agency instruction. All specifications and documents referred to shall be of latest revisions and/or latest edition unless otherwise noted. The Contractor is responsible for maintaining horizontal and vertical accuracy during construction. All work performed shall comply with the regulations and ordinances of the various governmental agencies having jurisdiction over the work. Repair and replacemenl of all private and public property affecled by Ims work shall be reslored to a condition of equal to, or better than existing conditions unless specifically exempted by the plans. Construction traffic shall not impede the safe and efficient use of surrounding roadways. Contractor shall follow TxDOT Standards for maintenance of traffic during construction of the temporary construction access connection. 77 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 Contractor shall be responsible for the timely removal of any fugitive dust, sand or debris which may be caused by his actions from the right of way and roadways. Record drawings: One (1) set of the final record drawings shall be submitted to the engineer of record. Record drawings shall comply with the requirements in the scope of work. Contractor shall not occupy private land outside of any easements or rights of way. Under no circumstances wllluse of explosives or excavation afrack substrate be permitted. The Contractor shall be responsible for all federal, state, and local regulatory permits, implications, violations and/or fees as a result of construction outside permitted allowances. Debris, such as stumps, rocks, rock fragments, roots, logs, trash, vegetation, etc. and any other objects except archeological or hist0l1C resources that exist within the project area or are unearthed during operations, shall be removed, transported, and disposed of at the County Landfill and should be expected to be encountered during the operations and will not constitute a chanlle of condition to the contract/allreement. Removal and disposal of debris will to be sole responsibility of the Contractor in its entirety. If archeological or historic resources are encountered the Contractor shall notify the County immediately and stop work until directed to restart. Removal and disposal of debris and obstructions shall not be provided for separately for payment. All costs associated with the required disposal of debris shall be included in the Contract Price. These specifications are not an all-inclusive reference of debris types, which may be encountered. The County has performed a pre-construction survey to calculate an estimated quantity of materials. This quantity is considered an estimate and is not the basis for payment to the Contractor. Payment for this Work shall NOT be based on the quanlity of material (cubic yards, square yards, square feet) added or removed from the Work area. The Contractor shall be compensated solely based on the lump sum bid price. Contractor shall make an assessment of this and any other relevant information necessary, in the judgment of the Contractor, in determining the expected quantity of materials. The Contractor will observe a ten (10) foot buffer around all structures or pipelines. ]t is the responsibility of the Contractor to provide for all equipment ingress and egress to and from the Project work areas. The Contractor shall make an investigation of water access routes and the roads for transportation, load limits for bridges and roads, and other road conditions affecting the transportation of materials and equipment to the Work sites. The Contractor shall also investigate the availability of any staging, storage, and stock piling areas and shall make all arrangements for use of any such areas for the delivery of any materials and equipment to be used in completing the Work. 78 SECTION V: EXHIBIT B: (DRAFT) STATEMENT OF WORK Calhoun County Port Alto Beach and Wetland Restoration and Conservation Project I. Introduction: The Port Alto Beach and Wetland Restoration and Conservation Project shall conduct shoreline stabilization consisting of traditional armoring methods and beach nourishment. II. Objectives: Project objectives include the restoration of a public park and protection of the park shoreline and intertidal marsh by stabilization of the shoreline and construction of structures to reduce erosion of the shoreline. III. Scope of W 01'1<: The scope of work will generally include the following: . Site/earthwork . Erosion control . Hardscape features . Fill IV. Task Identification: Detailed work requirements are shown in the Plans, details, notes, and technical specifications included in the various Attachments referenced herein. The Contractor will demonstrate the ability and conmutment to provide appropriate equipment, work supervision, and work crews to meet the project completion time schedule. Contractor shall submit Ws proposed work force plan (type and number of work crews) for the project along with the references for similar work completed previously. If the Contractor proposes use of Subcontractors, the work force plan and references submittal shall include the Subcontractor's references for completion of similar work for County or other public govemment entities. The Contractor shall be responsible for furnishing aU materials, equipment, supplies, labor, and incidental items required to complete stabilization of Port Alto Beach and to manage the daily operations. The work in this project shall consist of, but is not necessarily limited to, performing the following tasks where specified: 1. Clearing and grubbing 2. Erosion Control 3. Marking and avoiding existing pipelines & utilities 4. Surveying 5. Trucking of rock and sediment 6. Placement of geotextile, rock and sediment in accordance with the neat lines and grades shown on the plans 79 V. Project Phases: Phase I - Shoreline stabilization including the addition of Y -groin, north jetty, beach nourishment fill. Phase II - Constmction of offshore breakwaters and rehabilitation of existing groin, VI. Contract Budget: The County has entered into a contract agreement with for the Port Alto Beach and Wetland Restoration and Conservation Project with a total project budget of $ dollars, 80 EXHffiIT C: PORT ALTO BEACH AND WETLAND RESTORATION AND CONSERVATION PROJECT DESIGN PLANS (PREPARED BY ATKINS) 81 EXHIBIT D: TECHNICAL SPECIFICA TroNS (PREPARED BY ATKINS) 82 ATTACHMENT 1: SUPPLEMENTAL INSTRUCTIONS Date: ; Conlract Number: 5107-484-01 Contract name: Calhoun County, Port Alto Beach and Wetland Restoration and Conservation Project To: From: ; Engineer of Record The Work shall be carried out in accordance with the following Supplemental Instructions, issued in accordance with the Agreement. The Engineer of Record, by issuance of these instructions, has determined that they will not result in a change in the Total Compensation or the Completion Date. Prior to proceeding in accordance with these instructions, please indicate your acceptance hereof as provided below and return to the Engineer of Record. Contractor's supplemental instructions: Description of Work to be changed: Description of supplemental instruction requirements: Approved: Dale: County Administrator Contractor approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Dale.) Approved: Dale: (Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) 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Bid Notice for Newspapers 3/29, 11 AM Notice needs to be submitted to papers for Saturday Publication Bid letting 3/30 Place bid notice on TX (project goes out for bid) Marketplace, construction lead websites (F.W.Dodge & Builders Exchange) Mandatory pre-bid meeting 4/9,10:00 AM County Commissioner Precinct #3 24627 State Highway 172 Port Lavaca, TX. 77979 Deadline for questions 4/24 Last day for posting addenda 4/26 Bids due: 5/1, Wednesday 10:00 AM 4 weeks for bids Honorable Michael J. Pfeifer, Bid opening will be at: Calhoun County Judge Calhoun County Courthouse, 211 S. Ann St., Ste. 301, County Judges Office, 3" Floor, Port Lavaca, TX 77979 Room 301, Port Lavaca, TX 77979 10:00 a.m. CST, May 1, on Wed. 5/1 at 10 AM. 2013 Complete bid evaluations and 5/15 14 days for bid evaluation conduct Bird Nesting Survey Provide Contractor 5/16 1 wk prior to Commissioner Court Recommendation to Co. 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N~IS3a l03rOl:ld l03rO~d NOIlVMI3SNO:J ClNV N011.V1:l01S31J ON\fl13M ONV H:J'\f38 011\1 1.1J0d 6l6U }(l. "<f:)'o'^V1 HlOd ;;HM\H3l.'o'l.Sl<::9~;; AlNnOO NnOH1'o'O o '" ~I ~%J ,))i~~~ If>{>:Sll , I~"';% ~)f I~':{ f{~V , J ,,",I( h~~ B ~3~~ \ Il; \ 3~~ r~ ; , , l , o " ,. ~~~ ~~~ 'ii Ig~ ~H .11 , I[..~.~~ Ii" ; I ~ i/,~ "t ~ n ~ ~- ~ ~ Ii ,! I f ! i I' , .s ~ i'; t ~!I! ~d ~e I ' I' . ~ jt~ ~ ~ ~ ':(<,<,1 ,! "--1",, ,..tl"'" ~ ., ~ , ~' ~!, !hLJ~ '! ~! . --f0J ~~ ~ g (0' ii I ! . ~-''''-''I\~,~'':.': < ..",~-"'. '"... G ONELEVATIO: IN FEET (NAVD 8%, .. Of) <> 'f '" :t " o , " . " . , : 31va,nnsSlll111l!11HO .. ~ ! . ~ w . ~ ~ ~ :<l~~ll)o,?~o (aa (]AVN).l33=1 Nt NOI.lVA313 G , * " o . o . 'il ~LEV:TlON IN fEET jNAVD 8~ '" - .. <> j " ~ w t . ^ . ~ :2 '" (89 GAifN) B3:1 Nl NOIIVA313 , , o S31l:l0Md .103rmld D ".....~" '......".~~",,'''~"~.....,,' ,,"..~..,,..<,.......""~....,.. ~F".M~,,"N"""_ ."'","' ~~. "F"'_'_~' or ...~ ~>-_ .,,~~~.~u .u,_-....,. ~.,~,~...,.._, ><."=~. ,.-....''',.~.'....'...~''"'',...., .,.""."""",,,,~~~p.-.~...." , < I V')11!! Zl':a IIlI! S2 !< ~~~~ 0 -J::ioi;:'i 0 "I u ~ ; I ~ ~ ~ i! !! ~~",.~~-., --.., ...~,..... .""--,~.-pq.~~~"" ......".."..~-'..-",...- """~'-""".' ~.._.,,.,""'. ~~.. "~~ ..""".""..,~,~~..~ ~~.--~"~..--.....".,,,..- ~ .~_ p_~~"n~ ~.~u."......._ "'. ~ .l:)3fOHd NOI.LVMI3SNO:l ONV NOll~OlS3H ON'Ifl13M QNV H:)V38 Ooll" HIOd 6I6H Xl'v:)VAVlllJOd lH AMH 31V1S llS~l AINn03 NnOH1'v'O ~ ELEVATION IN FEET(NAVD8~ ~ ~ "I -r; ~ II i: ,I I: ,I I: ,I I: 'I I: 'I I, " ( . . ! ;, , o "12 o > . .~ < 0 ~ ~ ~:; (99 Q^,9'Nj133~ I'll NOI1VA313 D 0 . f~ ~~ !" o>~ ><> :to> ;Ji~ ~~ i'!", 1.'!;:: Cd ~~ ~~ ~~ 2 w~3 =>w2:J:..J ffia~~(;i <.ot;:<.o!2~ ~i~H w"""'::;.::;. ! ~m I! o N ELEVATION IN FEET {NAVD 88) ~ ~ 0 "I ~ II ^ I: ,I I: !: ~ ^ "e o > . ~ " '" r . ~~~ 0,?:=,0 (99 QAVN) B3:l NI NOI1VA':!l3 ~ " e ^ " o Z . o > i ~ " 0 ~ '" CO ~ CO {99QAVN).l'33:lNINOI1VA313 , < ....<<-,,'" ',,~" .."."..>\"ol\......~--\;MI-,-""""""'*";:'.L~":.': . o z ;; ~ o z o " o , ~ . Z o o o , . . " , . ~ , :31VO(l~nSSn\fNIOfllO " ELEVATJO~ IN FEET (NA~D 8~ .g " . . . ~ w o . , I V)!~!l 2:1,,,, Ill!! S2 ~ ~~~~ -;zci,; 0 ~ U .ii; i ~ H , ! " ~ ) Q " .l:l3rOHd N01.LV^H3SNOO aNV NOIl'tfMOlS3H ON'tf1l3M ON" H:l\f3a Oil" .lHOd 6iGH Xl'V:JV^V1.UlOd lll- AMH 31V1S aWl: A.lNnOO NnOHlVO " t; ~~ -- ~~ 8~ ~"' ~~ ~::;! ~l-to ~~ ,,- oW OJ'" :<:> 0-'" ~i ~ w~15 ~!l!5ffi~ g~~~* ~~~;:'; lil~~~~ : IllD! I I \!JD I I o . z . ~ o z o o o , . ~ z o o '-""'-~~--'''~-~'~'''~ .., '-'.~.. .....w...." ~ .~. ,~.... "w...=..."",,,,o,..,~...,.._, '_"'."'.'O.~~'F",~.F<>-O" ,,,,.~.~-~..~-~~--~ ~"--, . ..... ~~_.~ ".,. "" .."".~"~..,"""",,,,>,"~ ~ ,""",.~-M"''''~''''''~N''" S311;JO}Jd l03rO"Md ........'4' '-P"'""t< " ......~--......~..., .""'-~ .".~. . --' ~ ....~-- ,,- .,,,.,~,,,...,,... ~-""--""*'" ."~~. ".*",_.v..,.~"_....~_,...,,,~ "'~".,~. ~....,~o..;n~ ...."'""..-... ~. ~ ~lEV;TIO; IN FEET (N^~ ll~ II ii it ,I It ,I It ,I It i! 'I It 'I !. ii 1: o , . . . . . ELEVATJON IN FEET (NAVO 8~ U ) 0 . . , q . . 1 r !I . I' i ,I , It 'I ~ , !t ~\ , . ., e . " o , , ,~ < i , i \ I 1 \ i I I r i I \ I , i o . ~ ~ ~ 'f ~o (Q8(]AV'N)133~NIN011V'A313 ~ , o . o . '[:1 . ~ i .~ ~ f ~ ~",o.'f~N (IIQ (]AVN) 133.01 NI N011VA313 W ., . ;;; ,j I i ,J I \ \ , ~ " < !' !il 0. It) ~ 0. {1I11 (]AVN) 133.01 NI NOI1VA313 o o , ..,.",...)\"""'_.........,"'""_....-.I\~::=..~ , ""'-,u. .,,~. . . ~ N o ELEVATIONINFEET(NA~86) ':! ".' .. '0 , . . , , , . N ~ a '" ':;~ IRSa^VN)_LUjNlNQI.LV~;! ~ C :,I!Va03IlSSr-l\fNl(l!110 """ JJ W III iii' Ii I:i ,I, 1': '!I Ii, I" 'il I,' 'il II ," ii' ,:1 II, ,:I I!I I' ,I 1:, ,I, I,' " ,Ii I" i' 1:1 'I' ]" 'I I'll , i " g g " g " . . . ~ " ~ ~ ! c o 0"' 0 ~ ' ~ (9gaI\VN)133~N1NQI.Lv/,n'l , o ~"""h''''-''' ..",_~"q..". .. "',,~ ~ ..~" -'.. """ ,,,... "".,.9....T"^.'"~""""...' __ ""0 "~p.~.-~ ~ n_~.. ~_~ ~. -~, """'. ~........~".. "-><.., ""-~''''~''''''''V''"'''''''d'''''' ~. """,,"./'>,..,,,.,<>~<<-,.~.~," "'.~",,'~___' 'O<.~"'"" ... ".-...., ,..... q"-',,,...._'-.... &......0 "om, ._-'....~..~.". ......~.W"M~' ~w....',.,.. ...'.._~..o,,""".'""',"'~... ~~'''-~.''~.--......,,~.''''-- ~~"~ .~~_..~~ "'-".,,~~.~.;;'-~~ -,,,"'.. - .... "OIl~ I i I ! i \ \ \ I [ , ELEVATIONIt4FEET(NII~a8) r r"' '1.., '" ~ II' 'I Iii 'II I: ill 'I' 1.1 I'j! ,I ", III iil I" ,II I" ,Ii I" II I' ,II I" 'I' 1'1 ]'1: ]'il ii! "I Iii "I Ir il i . g " g g . g . e " I , I ! I \ i i I . 1 " .' (S6~I\VN).l33~N1NOIlV';'~113 ... " ~ , o o . 111:1 H::l\f38 NOll::>3S SSOllO .103rOHd ~03rOHd NOll\;lMI3SNO:) ON\f NOI1'<nlOlS3M aN'If113M aNV H3V38 011V' IHOd 6l6UX1'V:JVIIV1HlOd ZHAMH3l1f.lS1Z9PZ A.lNnOO NnOHTdO " ELEVATION IN FEET (NAVO 8a} - - "I ~ Iii "I IIi !il Ii, i" ,il I' ili 'I' !il' I: 'II I ii, iii Ii! 1'1 ,Ii I'i ,I: 1" ,I' I" I! 'I II I, !i . . , " . . g " e " ~ ~ o . e (gea^",N)B3~NIN01.lVIl3U o " ~; ~~ ~~gJ~ ~ ;o~~g z a<J:Z~ ~ ~ffig~ c "':>~ffi ti -,gi t; "iiii133: ;:I ~~~~ a: ~~n ~ ~5;:~ 0 a1il~~i m i ~lll -'1121 1 ELEVATIONINFEET1NA~aB) ~ ~ "' .., <> . . " , " g . g . ~ ~ ~ ~ o o . " (99 (]1.vNl.EB~ W NOI.lV~13 1" ,'I !!I Iii "i Ii, ili ,II I:' ,If I,' 'I 'II' I' 'I: 1:1' 'I I, ]'Ii ': II' ':1 ii, i" il I f [ I \ i I I , , , I / I I I I , I I I " , . . " , " . . . g " , e . ELEVATIONINFEET(NAVOS8) e III"' '@ ,:1 III i" ,II' I: ,[ I" .il' I: ,I 1:1 1'1, d 'j! 1,1 ill 'I !II II, i'l ,I !il I" ,II Iii I" ii! 'I 1,1 r " ~ ~ .' , , ''''''''-<\...............".."..,''''''''-.,.'''^-;:~~ < ~ " o , ELEVATIONINFEH(NAVOSS) - '" '1':; II' ,I I" 'il 1'1 'II I" 'j! [" ", iii ill ,01 iii "I Ii, i" ,II 1'1 ,I, I ,ii !il 1:1 il; "I II, ,:1 II; iil ii ,I, I ~ i " . , . . , i I I I \ I I i ~ (9S()I\\lNl133JNINOI!VII,313 ~ c '3iva03MSl1\IW!lllIO '11'<]1] 'Il w o 'Il 'Il """'_O~.,"'__~' ~,~ ~----'~~' ~ -........~" ....-, _~ .....~ "~..u"".,, ......~m~.~"~."'"'h...~ ,_.'"" .,q..,,~.., ~<........ " ~,<_...,.,,~. ..n_ ,... ~_"-<"_'''''''''F''_''''''' ~ ""'~'F4>~. ~~ ~ _~.~O-<-~,",'ft"~^,"'"'''' ......"',,, ,'""o"",-..,~ a",~<",~,",,"...~h......... .-..",",. '"~-- .....~ ,~..~.~ ~- ~~.. ....-......"'--........ ._........u.,.........'-''''..". ., w_ '~_~.L_" u..~ "''''._ ."",~.~,...,.,"., ......."-,,." ~H.EVATION1NFEET~N^~aal '0 , g g " g " . g " ~ , ~ ~ , . . II' "I II' "I II, "I Ii, i:1 ,I !ii I" 'ii 1:1 ii, ':1 Ii, ill III i'l ,II' [' ,I I'i ,Ii I:i ,II 1" il 1:1 'I' I" i' ElEVAHONIN FEEl (NAVOaS) _ _ "t ~ III Iii i:I' ,I II. ,II' I: 1,1, " ,ii !il I: 'I' II 'i' !:I III ,'I Iii "I 1'1 ,I" 1'1 ,Ii I:' ,II I'! 'Ii !i' 1,1 'il I,i i' ~ g g " . " . g . e I I \ I l i 1 I " , \ I I ~ '" ' ias OWNl133J N1NOlnM~13 " ~ 0 '? ~ ISaOA\fN)H3JNINOI1VA'313 c w o o . 111.:l H3V38 NOI.103S ssmlo .l:J3tOl:ld 1~3(,OHd NOIl.VhH3SN03 ONV NOlIVH01S3H aN'Ifl13M aN" H~'lf38 011" IHOd 61BLL Xl 'v.JV^VlHlOd lHAMH31V.lSll91'l AlNnO:) NnOH1V:> , ",ELI~'ATlONINFEEf(NA~aa) II' ,:j II, i'i ,Ii 1:1 ,I, I' ,ii I' ,j! I:i 'i' 1,[ '[I 1,[ "~I IL iii ili .![ I' .1 [: ,I I: " I: ii, 'Ii I" iii i' . . " . " . g . , ~ I I i i I I i , I , \ I i . , o ^ " (S~ ONII'N) .l33~ HI NOllV^~U o "'''-fl<' '"... ElEVATION IN FEET (NAVOSS) ~ ~ '" "l ~ '::; Iii I':i II ili '!I Ii! !il 1:1 ,I II:' " I:i ill 'I' Iii III "I Iii i" ,II !il I" ,il Iii Ii' [, i . . " g . . g " e " " , . " - Z ~ ~li~i-; ~ ~~ffi~ 0 ~I!' 15 ::;I>:g i= !i1ffih g ~~ffi~ ~ g~i2~ ~ ~:I:;:;i 0 o~~~~ ~ i ~II . . . . . " . . " . g " , , . " g , . ~ "l ~ ~' (gg(]^'oN)B3~NIN(]IIV..8'13 . , -"""""......".....~--'"'''''''~::..'':; < ~ " o , HEVATION IN FEET (NAVP8S) _ ~ "1 ~ III I" if! 'I: 1,1 'Ii i'i II: ,,, Iii "I Iii 'I Ii: I'! ,I: I" ,il I': ,il I,! 'I' 1,1 'il 1., il! ii! iii i'i ,I: 1" i . . , . I I , I I \ \ m ; e (S9<J^VN)B3JNINOllVA',m ~ ~ ELEVATlONIflFEEI(NA~sal_ . ~ . ii' ' , '~ ,I II, 'I Ii, i" ,Ii I" ,II I" 'ii' I' i!, 'I' I,' ,1lI0 , "'" h' ~ g g g g g g g " ~ " " 7 o . , w o w w w '~'h'-"''',,^~Vo ......~.'....""h~."'.-.~""-... '"""~'"" "",,".-..,,-. ~",<<.,." F"".'O ..."..... , A?C .~..u n .~ ,~.~ ~,....._. "_~""""'"~='b'''''''','' -~"" ......,...."'.......'"..p '-___..,,~...~<,'P........,..-- ~, ",.."..,.",....,,~..-'---.... ~,~"".~---. ." --..'" ., ',~~",,~~ .".. " .r_..'_......~~""."'" r",,= "N' ._".A..~"....... .. '^" 'o~~ <N.,,~' "". .-<~ ~ ""..~~....,,,..."_.~~--' ~-,,~~..<~.-- - ~"~- .,_."~ .._~""u...~ ~._"''',.,'~.~;;'~-:;;;;;; -,_........-. ",., :,~,~ g ~ ELE:ATl~INFEEf~N^~a8) I!I Iii i'l' ,I Ii, i'l ,I, I" ,il I' iil 'i' !'i I!, iil "I iii "! Ii, 'd 1'1 ,I. Ii! I" 'il !ii 1,1 'I' 1,1 I' g g g " . g " ~ I I i I I \ \ I I , " " , ~ " ~ , (9BOWNll::BJNlNOI.lVf\~1l3 , " w o o 111::1 H:>V38 NOI.L03S SSQClO .l::>3rOCld ELEVATION IN FEH (NAVO aa) " ~ Iii ':1 IIi ili ,II' I' ,I I" ,Ii I" ,il I', 'I: 1,' 'j! I" "I II: iil Ii i' ,I I' ,I I' ,I, I" ,if I '~ 'I' 1,' 1'1 i' . " " " g " . . e ~ \ , I \ ~ o . (99Q^,''N}13301NINOIIV^~13 o ..,to-mo ',,~. . g ELEVA110NINfEH(NAVOaa} - ~ '" ~ Iii ilt i:J ,Ii 1'1 ,I, I" iii' ii i!, 'ii I" 'ji Iii Ii, "I Ii, in ,Ii I'i ,I: I': ,il 1,1 iii 'i' I, i . .' ~ ~L -;;!g~~ lS ~5H ~ ~iii~<1 n:: O~ff'" c :r....~ Z ::I~~ ~ ~~~~ ~ ~~ffi~ Ii; ~~~~ ~ ~i3i~ u oi:j~h m! m 1 ! . . g . g " . . " g " e " " ~ o . ~ '" ;< (99GA\fN}13301NINOll\l^~13 . g " . . " . . " , g , . " ~ ~ . , _->\\M\__.....,~""1"d\~~"'::: ( ~ N . . El8/ATlONINFEET(NAVDBB) ".' ';; iil IIi i'l' ,I I' ,I Iii I' ii! ii 1'1 ii, I'ii '! iii ,'I Iii i'i ,I, I'i ili ,Il 1" ,il I" ,if Ii! I" i m . , . I I i I ! \ \ I ! i " . . (BBQ'WN1J.33"N!NOI.LV^~13 ~ " '3.LV0030SS(T01IIOIMO "''''1!- '" g " " g . " g " e , " " , . . " w ~U...O"'OH'~' " "'-'''~~'''''''''~'''''_.~ "'""~..". '.,.,.,e_.."'.... ~~"..... ",""NO ",,,-.' _ __ ~"...n . .~-~..~ .. >--~ ...~-~.~ .~..>~....... ~.,.... .~,"~".., ..>V,.".~.~" '".~...~.,."'......".P<.......~ ..."".,""',......"-<>~~~..." ~~"".~~--. ~" _=... "."".~".L~''''-' q"'"--....~_...n~".u ...." ""'" P-"'~'"..,,'".'" ""....~..,"',.,~._"'..."... ~~..-~"'"'""..,.._,-~~ p-.--..,~,"- - ~,~- ~ .~ "__D"'...... .,,_.........- .... "' ELEVATION IN FEET(NAVD58) '" <> ".'.. '" ElEVATIONINFEET(NAVDBB) '" ~ III II! i'i ,Ii !il !i, I" iil ill 'il I" "i Iii iii "I II, "I !il I" ,il Ii, I" 'ii' II,i, 'I iii i II' ill i'i ,I, I" ,il Ii 1,1 ,I' 1'1 II! 'I' !'I Ii, iil ':1 II' "i I" ,II Ii, 1'1 ,I I" ,ii I" 'i' I,' 'il I" II ~ . g R g . " g . I I i I ( ! I I f ! I , , I i ! , " , . . ~ '\' ~ '!;. (~9(]1\1iN)_EEHNlNOl1V~3 ~ (9BOII\fN)133~NINOW;l^~l3 w o o o . 111.:1 HO'o'38 NOI.103S SSO~O l03rO~d l03rOHd NOIlV'^H3SNOO ONV NOll'v'HOlS3M ONVli3M ON" H:l'0'38 allV' HIOd 6l611X.l'\lOV^VllllOd Z1~ AMH 31V1S ll9~l AlNno::> NnOH1V:l o "0 ~~ ~~~~ ~ ~~a~ ~ ~~~~ f2 ~~~~ ~ :i;l:~ ~ ~~~~ g g~~~ ~ ~~~9 :3 ..~~H g"'''';;;;;; ~! ~ll ~ "' El~AT10NINFEET~NA~aa).", ElEVATIONINFf:ET(NAVDaa) ~"' ".' ~ '" o III ,d Iii i'i ,I, I" ,II 1<1 ,I, I" ,ii I" 'il I,' 'i' "I II "I II iil i" ,Ii I'! ,I, 1'1 ,I' 1" ,ii 1'1 ii, 'il I" i" ~ g g " . " " g " g g " " g g " " e g , I , I I I , \ i I ' I ~ '" ".' ~ ~~ (gg(]lI'm)B3~NINOI1\l~13 . " . , o m _-o\\>4\____""""_..."""'''"''''''''.::~''::: < (oa 01\'11'1) 133~ I'll N0l.1""\~1l3 il! 1'1' 'I I, 'I' I,i 'I' Iii IIi iii i'l ,I i' ,il 1', ,I' I,' " 'I' 1'1 ii, 'il I. ii! iii ,'I Iii "I I'i ,i, I" .: i , ~ ~ " . g g g . , , g " , e , \ \ ! i I I . " " , . ~ " , , ~ El:ATl:NINFEET~NA~8S) II' ,I Ii, 1'[ ,I I' ,I. I'i ill il 'I' !I'I' I, i!1 Iii ill ii ,I, 1'1 ,I I" ,il I" 'il Ii 'I' I:' I . . ^ . I i I i i 1 l i \ I ~, I (S80^\IN).l0l,UNINOJ1.V~U . ~ :~1.Vaa3nSSllVNJj)1lI0 ELEVATIONINFEET(NAV088) . 0 II'. ~ '~ "I Iii ,,' I" ,Ii r .Ii I' ~ ,Ii 1'1 ill 'Ii I'i III !II IIi ill "I Ii, i" ,ii 1" ,il I" 'Iii " 'i' 1,1 ! . . . . " " e , " " y " "''''3 ~ ~ " " . " 'V w D .~,<.....,><.....~ ~-.-._..,,-_.." ." ~.. ....~"..~.~_. ~~o~..,,_~". ~".., _.~ "~..~....-.. h_~.."~,^~...~". ..'.N......"..._.........""_.e ~~.~,~.....'~,~,....o<. ~_'''~, ..._.,~'"_"~-""".P'....__ "'~""'-A-'~'~ q~ '" ~~.... .....--"".~.~ _-..~'""_..,..""',,"'"""',"... .",~, '-~"'"",.~" ~ .""'.,,,. ...,.""Wu......,'......_.... "...~ ".",.,~.~~~ ~~.. "'"..............~.".... ,,---~. .,~~- q --.,.,. .~~~"'"..... ~""~.":?~~~:::~~, '" ",.," ...c--'~"'~'" .N.~;,:..:.;.~ ~ ~ El:^TI:NINFEET\NA";8S) II il j' ,I 1'1 ill' ,I I' ili ill' 'I I iil ill ill i'i ,I, 1'1 ,I, I' ,il 1'1 'I 1'1 il, i " " . " " . g g I I \ i \ \ i I g " i \ \ \ " ! y o . ~~ (lIll{]AIfl.I}133~N1NQI1VA313 " ~I? (I31lQ^"'N)133~NINOWIA',n'l w D o 111:1 H:>\f38 NOI.L03S SSO~O l03rO~d 1:l3rm:ld NOIl\>'AM3SNO:l aNV NOIL'lfHOLS3M aNVlL3M aN\>' H::l'lf38 OL 1\>' LMOd 61611 Xl VO\WflH10d Zl>MlH31VISllg~l A.lNnOO NnOH1\fO . ..., EL~ATIONJNFEET~NA~a.a) !II I', 'I' !il 1:1 !!i ii' ,! III I" !I iil I', ,I, I" ,ii' I' il! 'I' !:/ I!I ii! ill '" iii i" i g . . . ~ g " e \ I I 1 I I ! I , . g y . e n/lHJAVN1B3JNINOl.lV'\;'13 o , ~ . . R " . . g " e " y o "r! <, ~ H:'ATI:N IN FEET ~NA~ Ba) !il !!i I" ,II' I' ,I I" ,il I' 'il I' iil 'I I" 'II I. Iii Iii 'I iii I:' Iii I' ,il 1,1 I!I 'i' I,! I b " " ~~ ~5~1& ~ ~~~~ ~ ~~i-~ ~ ~~lli~ ~ =J~~ ~ ~~~~ ~ ~~~ffi Iii ~~~~ 8 ii~~n ~ i@ll o , . . " . " . . " . " ^ e I I , ! \ I , I I , \ / I I , , " " g . ~ ~ . (990^,"N)B3JN1NOIIVA~13 .._->\___WIfI....."''''''_~~''::: < , G " . a '31va03flSS111f11101ijO "",jl " ElEVATIONINFEET(NAVDM) 'Q ~ '0 . . . , . i I \ i i , , ! Iii 'I II, ", 1'1 ,I, 1" il I" ,i! 1'1 'I, I" ,iI 1'1' 'I I" iil IIi iii "I II', " I" ,ill I' ,I I" ,il I" " 'I' I" i . ~~ (9B{]^,"N).l33~tlIN0l1"'~13 G W Q ~ .. "-~'" ~,=< ...L..-~,"..~o_."_.,..... ~_"~M '..('''''Q'''''~ ...,~~, """<"'_""~~~F"'_.""~' ..., '~'-."""'-~-~"'-- "'0 ~~ . '"""~ ~..~ -.~ ..,. ~-""""."".~"-"".'---~ ~ """",............~~,~.~'.." ~_~''''<<~",.".,. '"'w,..." ",,'-""" ..-,~.<<j.. .~ ~== ~~~~~~~~ ELEVATION IN FEET (NAVOBB) ~ " . " . " . g " ~ . o " , ElEVATIONINFEET{NA~8IJ) .. '0 g III "I Ii, "I !ii I" '!I II', " I" ,il I" 'II I iil Ii, iil "I Ii, "I Ii i'l ,I 1'1 ,I, I" " 'Ii I,' 'i! I,' i" . R . . . g " ~ , I \ \ \ \ ( I I I I ~ " . . (!I!l{WiN).l33~N1NOll\i~13 W Q o 111::1 H::H:f38 NOll33S SSOl:!:::l !:::l3fOl:ld .l:)3rOlld NQll.V^1l3SN03 aNti NOll'ln:lOlS3M aN'ln13M ClNV H:)';f38 0.11\1 UIOd 6l6H Xl'vOVAVlH10d lH AMH31V1S UWl AlNnO:) NnOH1\fO ~ ElEVATIONINFEH(W\V066) ~ - '? ~ II' iil I" 'I' 1:1 'Ii Iii II' "I I" ,!I II" " iii I'! ,I, I" 'il I'i 'il !'I I! ,,' Ii! iil Ii, i" i ~ g . R . . . g g ~ i I , i \ \ i I , I l , I I $! "l $! ~l? (ll1lllA\tN)1.33JNINOIJ.VA3U " ~ o . o , ~ o ~ <.J I .,. 6 -. q ~ dlid o h ". ~:- <<ill ~5igr ~ ~~~~ ! ~ffi6~ c n~~ ~ ;;!~g- {3 2~~~ ~ ~:%ffi~ Iii :;~~~ i5 ~G~~ u ii1iS~~~ " ~II ~: !:II ELEVATlONINFEETlNA~88) '!! .. '0 . g g " g g . g , ~ , " " ~ co '" <> "' " . (WQ^\iN)_EBdNINOll\;f^~l3 , I" iil i'i ,!I 1'1 ,I, I" ,ii 1'1 ill 'I' 1,1 'j! !'I I!I iii !il Ii, i'/' ,I I' ,I, 1'1 ,Ii I" ,i) 1'1 1'1, " i ~ . g . g " g . . . g g , g . " ~ . "It'$-""'",,. _->\"""'......~'..''''...''.,.;.,_....1''d\~,~~ , o N o ~ ELE:ATI~NINFEET~NA~811) '<> , . . , I I I I I [ \ \ I , ! I ! . o . , -q"< (RROAVN)133dNlNOll\lt8H o IIi "I II ,I, 1:1 ,II I" ,il 1'1 'I' 1,1 'il 1,/ 'ii 1.1 ii! '" III iil "I !il I: ,I Iii I,' ,ii I: i , '31vaa3nSSl1'o'NI!lIllO "'" /;] w ~ g . " " " " g " e . ~ , w '-''<'.'''^~~ ~,...p""e"'_"'"'" '"' ~.~ .... -"-~...-. ~ O~..>-_~. ",,,.<-, ....c "~..H ._..__h ~...~,....,,~>--u. """~"'''~..'''''"...-r.."".., ~,,~.~'" ,"'-, ..,,". ....~..,' ..._.,.~,.~"",-,....._.",~ ~. ~~,-~. ~~ ,. ~~.- --, ~... ."=",,v"~~""~""""'.'~ '"" ..'-"~""""""~""""'" AP""",,.., "....."~....~".-~ ~"." ~....,~......~~ ~~... .,.,."'<'-........,"'_...... ,,----"'~ - .,"~- q~..''''.. .~,.."'u.~.. ~,,,.."'~-~,~,~.~ ~''''..~...,"'~..~~'"...~:o.~, , o " H~ATIONINFEET(NAVDa.a) 'I' ~ .. ~ , II' "I Iii i:i ,II' I: ,I I:, 'II' I: i!i 'i! !:i I!/ "I II, "I II! '" Iii ,,' 1'1 'Ii !i, I" ,il I" 'i' I: i . . R . " . . " ~ I r I I I , , \ \ \ f I ~ _ '? ~ 'qfii (Il\IO^,IN)133d NI NOIIVA'313 . , , o o , 111.:1 H:>'V38 NOI.103S SSQ}!:) !03fOHd .L03fOHd NOI.l\iAH3SNO:> ONV N0I1\f}:lOlS3M ON\fl13M ONV HOV38 011V IHOd 61611 Xl'V:)VAVlHJOd ZHAMH31Y.1S1Z9\,Z A.lNnOO NnOH1'10 ElEVATION IN FEET (NAVD 1I8) " " " . . . g " " " ~ , :! ~ fw O^VN1133J NlNQIIVA3U o . . g . . " g " e , ~ " , f , " {:~ '!:j~ g~im ~ j'O~~~ z a5:z~ ~ ~~~~ 0 >-~ ~ ~~~ t; ~~~i5 ~ ~~~~ t;j ~~n ~ ~~~~ 0 1:i;;Jl.'lh .,", I ~ I mil ElEVATIONINFEET(NI\~a8l'0 III iii i:1 ii, ,i! II! ill il! 'I' 1,1 'ii' I, ii' i!1 Iii i:i ill! ,I i' ,I I:, 'Ii !ii I: ! . ""~^":"'~~IH~"~Ml '~ !il I' ,II I" ,ii I" 'il !ii !ii 1,1 'i' Iii ii! "I !il I" ,il I:! ,II I" ,il I" iii j i i i , i I i I ,! '[ II " ~ '" ':I'" (990I\VNI133JNINOUVA313 , , . . . g . . . . . . , , i , , 1 I I I I I I "'" ':!~ (lIlI~I\VN)133JNINOIIV~U g " . , , """"""'--""'''''''\:.Ia\-''''''^''''''''i:'.,~'''~ < o " o ElEVATION1NFEET(NA~aa) ~ ~ ..., ". <> , 11 ' i'l ,I' I' , ,i i I' , ,i I 1'1 'II 1'1 i I I ! i . I' ,I I: i . , . . (gaO^\lNl.l::!~~NINOIlV^~U o :31V01l3IlSS11WlIOIllO , ",,,' w a ELEVATIONINFE8<NAvoa8) - - '" ".' ~ III 'I I, il [,1 I I I I I I'll 'I I, i!i II! ii' il j' . . " , g . g g e " " ~ o " g , w o ......~"'_.,,"-.,...." '"""~'"". -.-_..... ~"""'" >'''''~' ........' ~< .~..-., .~ ~...~._.~ ~~. ,". '_"'~","^"'''''''''_'e ~",~",,,'M_'''''''''''''''_''''' "'-~" ~<O' "'.., ,-,,_, ............- ~"""......,."", ~~ ... ~~"",' ,~.....,.., ...=..., "",".."",^<~,,"" ""-'.....~_..>,~~.,...... .....<-> ".". "...-.,'"~,,-... "".~".,,,,..,.,_.._"~. ~"..,~~..o""""". .....-. .,--..,~............"q.~- .. ._~ ._~~'"...~ ~""."",~.~;;~;;; "'''~'"''''''E''''d~''''''~:;'-;:~~ w ELEVATION1NfEH{N^VDSS) ~..., ".'.;;-, <:> . !!I Ii, I" ,ii' I' ,I I:, 'II I, 'I I:, 'II I, ii' "i II' "I iil I" .1] I" ,il I' I I' i g . " , , . g g e " g ~ o . ;-;:i/ ~ ~ (gg{]^\fN)H3~NINOlll;1;313 o u , 111::1 H:>V38 NOII03S SSO~::J l03rmld 1::l3rO}ld NOIlVMI3SNO:) (lNV NOIIVlJO!S3}1 ONVU3M aNV H:>V38 011" l"l:lOd g ~ . . " . . . g " g ~ " ~ IU611Xl'\t:J\t^V1HlOd ZHAMH31\tlS119Pl J..INnO:J NnOH1":J '@: r i,i 'Ii I" 'I' 1,1 I!! iii il! '" 1" ,Ii I" " ,Ii I'i ,II 1:1 'I' 1:1 i!: T I! iii III ''I III i" i I , i I \ I I ! I i a g . " . . . g g g " " ~ ElEVATIONINfEET(NA\lDBB) ~ ~ '" "{ III i'l' ,I ill 1'1 ,Ii 1'1 ii' i! 'I I, ii iir '" IIi ill "~I Ii, I" ,ii I" ,il 1,1 iil i . o b ~~ ~~ ~~~1l ~ ~~~~ ~ ~ffi~~ 0 :J:>~~ ~ <t3g G ~~~fS ~ ~~ffi.-; l;; ~~~~ ~ ~B~~ 0 o1i\~~~ "rul' ~ I ru I I . , . . . " . . " , g " , I i 1 I i \ I I I i ! e . " " , . ~ '" . {~~oA\tNh""~N1NOI.l\f^~13 ' ~ ~ '" "I ~ "'. {Sgd^"'N)B3JNINOI.l"'^~Tl u , _-O\"-"\.....,~~_.""'^~~~ < ~ " o H8IATI~N IN::'U ~NI\~8a) , II' , I ii' " j I' ,II II' i:1 ,I I" ,II I" 'il I' II I: 'I I, iil ", !!I !il II, i:1 ,I, 1'1 ii, 'il I" 'I' 1,1 'I' I: i' . . , . . (aQ (JIIVNI B~4 III NOrlV!\~n3 ~ , w '31vamnSSI"\\IIIJ!lllIO "'" 11 'i1 'i1 g ELEVATION IN fEH (NAV088) '" "" 'l' ~ '~ !I I: 'I I: , 'I' I: I 'I' Iii ili '" III 1'1' ,I 1:1 ,I, I' ~ ,II I" ,Ii I:j I I I JI i'l .I. I" i g g g . " g g . g , . g g g g e e " I , , \ \ \ I I ~ ? " y I : I '<f~ 10 'l' .Q~ (1/Il~^\fN)B34NINOI1"~H" , , w o "_...~.~~-'-" ~''''~'',-",,''''~-'''~~ ~--.-, .....'..., ",","~" ~~""""""~"'.'"F"'~.""'" '~"~"'~'~K'~""'''__'' ._.~ ',q<_~'", <...._~e ~~~~,~. ~. ... ~_... ............. _.,.,...,.......~, ~~ '" ..." ,~, ,,_~ -....,'. ._>< '" ~n~ """_,~, "_""0"1' .~ "~'~''-~''''''''''''~~ ......,."....p ~....,~- "~''-''''DM_..... ~_ ~~.. "'0 ......,.._. '~~'.'''''''"''''.-.'''"'"'~ ..w...~.",,_.w..~""'...~ ""'~,"F_~" ... .. ELE:VAT10NINFEET(tlAVI~/a) II il " I I' , ,II I' , ,JI 1'1 ,J ii, iii I: 'I I, , I , i i I!! 'II I, i' I 1 \ i I i ! (lll.I()^VN)B34N1NOllV~TI o o ,11::1 H3'V3E NOll:J3S SSO};!:) .L:l3rmld .L:;l3rOlld NOI.LVMI3SNO:) aN" NOIl'v1l01S311 aN'Vl13M ON'd H:J'v'38 Oll\>' .L~Od 6l6H X.i'V:;V^VlHJOd lH AMH 31V19 ll9~l AlNnO:) NnOH1V:) g ElEVA1l0NIN~En(NAVDaa) . 0 II I" ~ . ~ " i I ! I i , I !II III II il i' g . g " , g g e i I I \ I \ I " " ~ ~ ~ . 0 " o , . ~~ '1\- j'1__ ~g~~ ~g~~ ~ffi~~ "'>Ul'" e. ~~i !E~ri~ ~~ffi~ ~~~~ ~5i~ ti~~~~ g! ~I I EU:VATl:NIN:EET~N^168) '<> g g " g , . g g g ., ~ , II' i'l ,I I" ,II i I, ,I I: i .. . , . .' ~ . (99(J^",N)B:ol~N1NOl1V^~Il:ol , < . " z ~ o z o ~ , . I;; z o o o . g . g " " . , , g g , e . " ~ . .....-"" ',,-~. """'-O\"""I___""'~<W"""~,~""":':: ~ " . . ElEVATION I~FEET(NA\lP88} ~ "( ~ , !I I: ,I I: I I: 'I' I: I ii, "I II I iil iil "I II ,I I: ,I II ,1/ I: 'I, I" ii! ,I L i I , I i , \ I J I l, 1 I I I l i 1 I 1 i . . , . . " " , ~ " :31VlI1I3nSSI.VNIO!110 , w o ,.....'......'<..~-..," ~,..~.,., .....O"~~. ~."'"""T_~" ~"...., _< "~..H....._'" .~ ~.."~......"'~N. .."~'-'..,,"~_.........._o ~..~'_"M~',..~<> ,~, "","'_'O~"...-.F"__ o,.>''''.."-i\A',, ~~ ,. '>-,~~"'...- --'-" ,.,.."",,,~,= ."'-'. .,...,"'" .....'~"< ....... .....= '''u. ...,....",><~~_~ ""'~~""".'''~ ~- ~~.. "'..""..........~........ ~-,-~-, ""'""'''~'''-~ ~. ._~"'u.._ ~ ,"u." ,..,~~_'. ...,,~.~.,," ""I"" '''~ ~ " ELEVATIONH>lFEET(NAVOSS) ';l '<( ~ ~ ELE;ATION1NFEET~NAV~aa) I! ii " I !II Ii' i: I ,I Ii I 'I' Iii! I: ii, iil "I III iil "I I" ,II i I i I '(!! g 1\ ' I: I ,I I: I I i , I , ) I I i , I , ,Ii I" ,I I: i " g . " R . . . . . . g g " " , , , ~ ~ " " , , . (~a aAVN)1331 NI NOll'o',\ol13 0" , ~ ~ "? ~ (saOAVN)1331NINDll'o'A313 , w o o m "1'1.:1 H:)'\t3S NOI1::J3S SSOH::J .L::J3rmld 1:J3fOlld NOU.VMI3SNO:J aN'V NOJ1VH01S3H ONlfl13M ON" H:>V38 c.nv UIOd 616lln'V:>VJ\Vl.HIOd lHAMH3!\llS1l9~l A.lNno:) NnOHl\fO ~LEVATIONINFEET(NA~aa) , " I I i I I I I I I I , I I 'I' 1:1 'I L i' " R . . . g " , , J 1 I I I I I ~ ~ , ~ . ~ '1 (aaO^VN)!33~N1NOIW^3n o ..""- "" 'tl~. " . " . . . g " . " " 1 m .{.; ~ :i~ ~~ g " u I ~ Ii 1 ~ Ii ~ ! ~ . . 2 ~ o 2 o " o , . " . 2 o o . , . . , . , 1"=--o\"""'__~\>lO\-~"'-"'I-~'L~~ o .0 ~ . g~-- S~~:g 65~~ ~~~~ !t~~ffi iii~~ ~ffi~15 ,,!.:(J:.J ~~~~ ~~~'3 !iiu::<z ~~~~ 'mil Iml i < tl fl' ",,-';1\;, (m~"""II)'~\ '..". .19 &1 ~ ~&~ """Vii r {~..>"W'" ,.-.<~ "(~ _/ N o ELEVATION1NfEET(N^~aa)" "-~"-lifr " I ii,: ! Iii!' , ,I, fill]::---] g I ! ! III j I i I i-i~I+" --I~':~u__e I ! ,': 0 , , , - I '111 .. I! II' 1- !-j~ III II II I ~ i h, 'TiIITTI' , iLiJL\. ~ "' <> '\' 0'- ~ (~e(J^VN)133JN1N0I1V^~13 ' . . t . 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Technical Specifications Port Alto Beach and Wetland Restoration and Conservation Project TECHNICAL SPECIFICATIONS FOR THE PORT ALTO BEACH AND WETLAND RESTORATION AND CONSERVATION PROJECT COASTAL IMPACT ASSISTANCE PROGRAM GRANT F12AF01341 Calhoun County, Texas PREPARED BY: ATKINS 6504 Bridge Point Parkway Austin, Texas (512) 327-6840 Atkins Project: 100026063 March 2013 Norman E. Kramer, F.E. Date TX Reg. #111055 Technical Specifications Port Alto Beach and Wetland Restoration and Conservation Project INDEX TO TECHNICAL SPECIFICATIONS SECTION 01010: GENERAL PROJECT REQUIREMENTS PART I: GENERAL I.I INTRODUCTION 1.2 SITE CONDITIONS I.3 PRE-CONSTRUCTION CONFERENCE 1.4 SCHEDULE OF VALUES PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT 4.1 MEASUREMENT 4.2 PAYMENT SECTION 01027: APPLICATION FOR PAYMENT PART I: GENERAL I.I SUMMARY 1.2 SCHEDULE OF VALUES 1.3 APPLICATIONS FOR PAYMENT PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 01040: PROJECT COORDINATION PART I: GENERAL I.I SUMMARY 1.2 COORDINATION 1.3 SUBMITTALS PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS 3.2 CLEANING AND PROTECTION PART 4: MEASUREMENT AND PAYMENT (NOT USED) Technical Specifications Port Alto Beach and Wetland Restoration and Conservation Project SECTION 01050: FIELD ENGINEERING AND SURVEYING PART 1: GENERAL 1.1 REQUIREMENTS INCLUDED 1.2 QUALIFICATIONS OF SURVEYOR 1.3 SURVEY REFERENCE POINTS 1.4 PROJECT SURVEY REQUIREMENTS 1.5 RECORDS 1.6 SUBMITTALS PART 2: PRODUCTS (NOT USED) PART 3: EXECUTIONS (NOT USED) PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 01055: PROJECT PERMITS PART 1: GENERAL 1.1 RELATED DOCUMENTS 1.2 DESCRIPTION OF WORK 1.3 RULES AND REGULATIONS PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION 3.1 PROJECT PERMITS 3.2 PERMIT POSTING 3.3 FINAL CERTIFICATION 3.4 "AS-BUILT/RECORD" DRAWINGS 3.5 EASEMENTS (NOT APPLICABLE) PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 01090: DEFINITIONS AND STANDARDS PART 1: GENERAL 1.1 SUMMARY 1.2 DEFINITIONS 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION 1.4 DRAWING SYMBOLS 1.5 INDUSTRY STANDARDS 1.6 GOVERNING REGULATIONS/AUTHORITIES 1.7 SUBMITTALS PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) Technical Specifications Port Alto Beach and Wetland Restoration and Conservation Project PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION01150: MEASUREMENT AND PAYMENT PART 1: GENERAL 1.1 GENERAL 1.2 CONTINGENCY ALLOWANCE PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 01200: PROJECT MEETINGS PART 1: GENERAL 1.1 SUMMARY 1.2 PRE-CONSTRUCTION CONFERENCE 1.3 PROGRESS MEETINGS PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 01300: SUBMITTALS PART 1: GENERAL 1.1 SUMMARY 1.2 DEFINITIONS 1.3 SUBMlTIAL PROCEDURES 1.4 SUBMITIAL FORMAT 1.5 CONTRACTOR'S CONSTRUCTION SCHEDULE 1.6 SUBMITTAL SCHEDULE 1.7 SHOP DRAWINGS 1.8 PRODUCT DATA 1.9 QUALITY ASSURANCE SUBMITIALS 1.10 ENGINEER'S ACTION 1.11 SUBMITIALLIST PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT (NOT USED) Technical Specifications Port Alto Beach and Wetland Restoration and Conservation Project SECTION 01355: ENVIRONMENTAL PROTECTION PART 1: GENERAL 1.1 SCOPE 1.2 QUALITY CONTROL 1.3 PERMITS 1.4 SUBMITTALS 1.5 SUBCONTRACTORS 1.6 NOTIFICATION PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION 3.1 PROTECTION OR ENVIRONMENTAL RESOURCES 3.2 POSTCONSTRUCTION CLEANUP PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 01400: QUALITY CONTROL SERVICES PART 1: GENERAL 1.1 SUMMARY 1.2 RESPONSIBILITIES 1.3 SUBMITTALS 1.4 QUALITY ASSURANCE PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION 3.1 TESTING FREQUENCY (NOT USED) 3.2 REPAIR AND PROTECTION PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 01500: TEMPORARY CONSTRUCTION FACILITIES PART 1: GENERAL REQUill.EMENTS 1.1 INTRODUCTION 1.2 SITEPLAN 1.3 AVAILABILITY OF UTILITY SERVICES 1.4 BULLETIN BOARD, PROJECT SIGN, AND PROJECT SAFETY SIGN 1.5 PROTECTION AND MAINTENANCE OF TRAFFIC 1.6 ACCESS AND HAUL ROADS 1.7 SITE ACCESS FOR COUNTY PERSONNEL 1.8 CONTRACTOR'S TEMPORARY FACILITIES (NOT USED) 1.9 COUNTY FIELD OFFICES (NOT USED) 1.10 COMMUNICATION 1.11 CLEANUP Technical Specifications Port Alto Beach and Wetland Restoration and Conservation Project 1.12 RESTORATION OF STAGING AREA PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT 4.1 MEASUREMENT 4.2 PAYMENT SECTION 01600: MATERIALS AND EQUIPMENT PART 1: GENERAL 1.1 SCOPE OF WORK 1.2 IMPLEMENTATION 1.3 TRANSPORTATION AND HANDLING 1.4 STORAGE AND PROTECTION 1.5 SPECIAL TOOLS 1.6 SPARE PARTS AND MAINTENANCE MATERIALS 1.7 GREASE, OIL AND FUEL PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 01631: PRODUCT SUBSTITUTIONS PART 1: GENERAL 1.1 SUMMARY 1.2 DEFINITIONS PART 2: PRODUCTS 2.1 SUBSTITUTIONS PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 01700: PROJECT CLOSEOUT PART 1: GENERAL 1.1 SUMMARY 1.2 SUBSTANTIAL COMPLETION 1.3 FINAL ACCEPTANCE 1.4 RECORD DOCUMENT SUBMITTALS PART 2: PRODUCTS (NOT USED) Technical Specifications Port Alto Beach and Wetland Restoration and Conservation Project PART 3: EXECUTION 3.1 POST-CONSTRUCTION CLEANUP 3.2 RECORD DRAWINGS PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 01820: MOBILIZATION AND DEMOBILIZATION PART 1: GENERAL 1.1 INTRODUCTION 1.2 APPLICABLE STANDARDS AND SPECIFICATIONS PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART4: MEASUREMENT AND PAYMENT 4.1 MEASUREMENT 4.2 PAYMENT SECTION 02000: GEOTECHNICAL INVESTIGATIONS PART 1: GENERAL 1.1 DESCRIPTION PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 02065: DEMOLITION AND MODIFICATION PART 1: GENERAL 1.1 SCOPE OF WORK 1.2 CONDITION OF STRUCTURES 1.3 RULES AND REGULATIONS 1.4 DISPOSAL OF MATERIAL 1.5 SUBMITIALS 1.6 TRAFFIC AND ACCESS 1.7 PROTECTION 1.8 DAMAGE 1.9 UTILITIES 1.10 POLLUTION CONTROL PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION 3.1 SEQUENCE OF WORK Technical Specifications Port Alto Beach and Wetland Restoration and Conservation Project PART4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 02100: CLEARING AND GRUBBING PART 1: GENERAL 1.1 DESCRIPTION 1.2 RELATED WORK 1.3 REFERENCED STANDARDS (NOT USED) 1.4 SUBMITTALS (NOT USED) 1.5 QUALITY ASSURANCE (NOT USED) 1.6 PERMITS 1.7 START OF WORK 1.8 PRESERVATION OF TREES (NOT USED) 1.9 DISPOSAL OF CLEARED AND GRUBBED MATERIAL PART 2: PRODUCTS 2.1 SILT FENCES PART 3: EXECUTION 3.1 CLEARING 3.2 GRUBBING 3.3 SELECTIVE CLEARING AND/OR GRUBBING 3.4 DISPOSAL OF MATERIALS PART 4: MEASUREMENT AND PAYMENT (NOT USED) SECTION 02206: FINISH GRADING PART 1: GENERAL 1.1 SCOPE 1.2 GENERAL REQUIREMENTS PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION 3.1 PREPARATORY WORK 3.2 FINISH GRADING 3.3 PROTECTION PART 4: MEASUREMENT AND PAYMENT 4.1 MEASUREMENT 4.2 PAYMENT SECTION 02269: EROSION AND SEDIMENTATION CONTROL PART 1: GENERAL 1.1 DESCRIPTION Technical Specifications Port Alto Beach and Wetland Restoration and Conservation Project 1.2 RELATED WORK 1.3 REFERENCED STANDARDS 1.4 CONTRACTOR EROSION AND SEDIMENT CONTROL PLAN 1.5 PERMITS 1.6 CONTROL OF CONTRACTOR'S OPERATIONS WHICH MAY RESULT IN WATER POLLUTION 1.7 START OF WORK PART 2: PRODUCTS 2.1 GENERAL PART 3: EXECUTION 3.1 GENERAL 3.2 INSTALLATION 3.3 REMOVAL OF TEMPORARY EROSION CONTROL FEATURES 3.4 MAINTENANCE OF EROSION CONTROL FEATURES 3.5 PROTECTION DURING SUSPENSION OF CONTRACT TIME 3.6 SURFACE WATER MANAGEMENT, STORMWATER RUNOFF CONTROL AND EROSION CONTROL PART 4: MEASUREMENT AND PAYMENT 4.1 MEASUREMENT 4.2 PAYMENT SECTION 02273: GEOTEXTILE FABRIC PART 1: GENERAL 1.1 DESCRIPTION 1.2 SUBMITTALS PART 2: PRODUCTS 2.1 GEOTEXTILE FABRIC PART 3: EXECUTION PART 4: MEASUREMENT AND PAYMENT Technical Specifications POIt Alto Beach and Wetland Restoration and Conservation Project SECTION 02274: STONE PART 1: GENERAL 1.1 DESCRIPTION 1.2 SUBMITTALS 1.3 SAMPLING, TESTING, AND ACCEPTANCE OF STONES PART 2: PRODUCTS 2.1 STONE SOURCE 2.2 STONE QUALITY 2.3 TESTING 2.4 GRADATION PART 3: EXECUTION 3.1 SITE PREPARATION 3.2 GENERAL STONE PLACING 3.3 TOLERANCES PART 4: MEASUREMENT AND PAYMENT SECTION 02275: BEACH QUALITY SAND PART 1: GENERAL PART 2: MATERIALS PART 3: EXECUTION PART 4: MEASUREMENT AND PAYMENT APPENDICES: APPENDIX A: USACE PERMIT AND TEXAS GLO COASTAL LEASE APPENDIX B: GEOTECH REPORT APPENDIX C: SUBMITTAL LIST APPENDIX D: TCEQ BEST MANAGEMENT PRACTICES Port Alto Beach and Wetland Restoration and Conservation Project Section 0 I 01 0 Calhoun County General Project Requirements Port Lavaca, Texas March 2013 SECTION 01010: GENERAL PROJECT REOUlREMENTS PART I: GENERAL 1.1 INTRODUCTION 1.1.1 The Contractor shall provide all plant, labor, equipment, supplies, and materials to petiorm all operations in connection with (a) transporting, placing and grading of beach quality sand, and (b) constructing the jetty, groin, and breakwaters as indicated on the Plans. The beach quality sand shall be excavated from an upland sand source, processed as needed to meet these Technical Specifications, and then transported to the fill area for construction of the Project. Additional information regarding the specifications required for the beach quality sand can be found in "Section 02279 Beach Quality Sand, Part 2: Material" within these Specifications. Additional information regarding the specifications required for the bedding stone and armor stone to be used for construction of the jetty, groin, and breakwaters can be found in "Section 02274 Stone". The Contractor is required to secure appropriate quantities of bedding stone and armor stone consistent with these Specifications. 1.1.2 It should also be noted that the proposed project is planned to be constructed in two phases - Phase I and Phase II. Due to limited funding for construction of the Project, the phasing is intended to allow for completion of specific segments of the project. Phase I entails the construction of the beach fill, north jetty and Y -groin. Phase II entails the construction of the offshore breakwaters and enhancement of the existing grom. 1.1.3 The sand fill, bedding stone, and armor stone quantity may be adjusted by the County without re-negotiations of unit price and/or terms for up to a 10% increase or reduction of the bid quantity - as may be prescribed by Change Order. The County shall not consider the terms of the Contract to be satisfied unless at least ninety-five percent (95%) of the final design quantity is placed on the beach and in the jetty, groin, and breakwaters. Any adjustment in the actual quantity of material from that prescribed by the Contract Documents shall require a Change Order. 01010-1 Port Alto Beach and Wetland Restoration and Conservation Project Section 01010 Calhoun County General Project Requirements Port Lavaca, Texas March 2013 1.2 SITE CONDITIONS 1.2.1 The Contractor is reminded that the site conditions that will be evident on the day of the Pre-Bid Conference may not be indicative of the actual site conditions at the time of bid or when the Contractor starts work. 1.2.2 All assumptions made by the Contractor are solely at his own risk. Failure on the pmt of the Contractor to review and familiarize itself with the work will not be sufficient cause to submit a claim for additional compensation. 1.2.3 Soil evaluations are presented in geotechnical reports prepared by Rock Engineering and Testing Laboratory, Inc. which are listed below. Additionally, topographic, bathymetric and magnetometer surveys were prepared by Naismith Marine Services. These reports are available for information only. The County makes no gnarantee as to the accuracy or content of these reports. 1. Rock Geotechnical Report, dated May 15,2012. 2. Naismith Marine Services, dated February 2012 and November 2012. 3. Naismith Marine Services, dated February 2013 1.3 PRE-CONSTRUCTION CONFERENCE 1.3.1 As identified in "Section 01200 Project Meetings", the Contractor shall schedule a Pre-Construction Conference and organizational meeting at the Project site or other convenient location no later than 10 days after execution of the Agreement and prior to commencement of construction activities. Conduct the meeting to review responsibilities, personnel assignments, and permit compliance reqnirements. 1.3.2 No less than ten (10) calendar days prior to the Pre-Construction Conference the Contractor shall submit the following items in completed digital (pdt) and hm'd copy form for review by the County and the Engineer: 1. Contractor's Construction Schedule. 2. Application for Payment form. 3. List of subcontractors. 4. Schedule of alternates. 5. Schedule of Values. 6. List of products. 7. List of principal suppliers and fabricators. 8. Schedule of submittals. 9. Environmental Protection Plan 01010-2 Port Alto Beach and Wetland Restoration and Conservation Project Section 01010 Calhoun County General Project Requirements Port Lavaca, Texas March 2013 10. Bedding Stone and Annor Stone test records 11. A list of the Contractor's principal staff assignments, including the Superintendent and other personnel in attendance at the site; identify individuals, their duties and responsibilities; list their addresses and telephone numbers. 12. Post-Construction Cleanup Plan 1.4 SCHEDULE OF VALUES 1.4.1 The Contractor shall prepare and submit to the County for approval, a Schedule of Values no less than ten (10) days prior to the Pre-Construction Conference. The Schedule of Values shall describe costs associated with the completion of the project including purchase, transport and placement operations for rock, sand and geotextile materials. Mobilization and demobilization shall be listed separately in the Schedule of Values. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT 4.1 MEASUREMENT No separate measurement shall be made for work specified in this section. 4.2 PAYMENT Payment for all work covered by this section shall be included in the Contractor's Lump Sum Bid Price. - END OF SECTION - 01010-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01027 Applications for Payment March 2013 SECTION 01027: APPLICATIONS FOR PAYMENT PART 1: GENERAL 1.1 SUMMARY 1.1.1 This Section specifies administrative and procedural requirements governing the Contractor's Applications for Payment. Coordinate the Schedule of Values and Applications for Payment with the Contractor's Constmction Schedule, List of Subcontracts, and Submittal Schedule as applicable. 1.1.2 The Contractor's Construction Schedule and Submittal Schedule are included in Section "Submittals." 1.2 SCHEDULE OF VALUES The Contractor shall prepare, submit, and maintain a Schedule of Values for the project satisfactory in form and substance to the Engineer and will subdivide the work into its component parts in sufficient detail to serve as the basis for measuring quantities in place and calculating amounts for progress payments during constmction. An unsupported or unreasonable allocation of the contract lump sum price to anyone of the activities and/or work items will be justification for the rejection of the Schedule of Values. The Contractor will not submit an unbalanced Schedule of Values, which provides for overpayment to the Contractor on activities that are to be performed first. The Schedule of Values will be revised and resubmitted until acceptable to the Engineer. The County will not enter into an Agreement with the Contractor until the Schednle of Values has been approved by the Engineer. Once the Schedule has been accepted by the Engineer, the Contractor shall honor prices contained in the Schedule of Values. The total sum of the individual values of the Schedule of Values for each of the activities will equal the total lump sum contract price. 1.2.1 Coordinate preparation of the Schedule of Values with preparation of the Contractor's Construction Schedule. Correlate line items in the Schedule of Values with other required administrati ve schedules and forms, including: 13. Contractor's Constmction Schedule. 14. Application for Payment form. 01027-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01027 Applications for Payment March 2013 15. List of subcontractors. 16. Schedule of alternates. 17. List of products. 18. List of principal suppliers and fabricators. 19. Schedule of submittals. 1.2.2 Submit the Schedule of Values to the County at the earliest feasible date, but in no case later than 7 days before the date scheduled for submittal of the initial Application for Payment. 1.2.3 Identification: Include the following Project identification on the Schedule of Values: 1. Project name and location. 2. Name of the Engineer. 3. Project number. 4. Contractor's name and address. 5. Date of submittal. 1.2.4 Arrange the Schedule of Values in a tabular form with separate columns to indicate the following for each item listed: 1. Generic name. 2. Related Specification Section. 3. Name of subcontractor. 4. Name of manufacturer or fabricator. 5. Name of supplier. 6. Change Orders (numbers) that have affected value. 7. Dollar value. 8. Percentage of Contract Sum to the nearest one-hundredth percent, adjusted to total 100 percent. 1.2.5 Provide a breakdown of the Contract Sum in sufficient detail to facilitate continued evaluation of Applications for Payment and progress reports. Break principal subcontract amounts down into several line items. The County shall have final approval. 1.2.6 Round amounts off to the nearest whole dollar; the total shall equal the Contract Sum. 1.2.7 For each part of the work where an Application for Payment may include materials or equipment, purchased, or fabricated and stored, but not yet installed, provide separate line items on the Schedule of Values for initial cost of the materials, for each subsequent stage of completion, and for total installed value of that part of the work. 01027-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01027 Applications for Payment March 2013 1.2.8 Margins of Cost: Show line items for indirect costs, and margins on actual costs, only to the extent that such items will be listed individually in Applications for Payment. Each item in the Schedule of Values and Applications for Payment shall be complete including its total cost and proportionate share of general overhead and profit margin. At the Contractor's option, temporary facilities and other major cost items that are not direct cost of actual work-in- place may be shown as separate line items in the Schedule of Values or distributed as general overhead expense. 1.2.9 Schedule Updating: Update and resubmit the Schedule of Values when Change Orders or Construction Change Directives result in a change in the Contract Sum. Each Change Order shall be listed in the Schedule of Values as a separate line item, with a breakdown ofline items as necessary. 1.3 APPLICATIONS FOR PAYMENT 1.3.1 Each Application for Payment shall be consistent with previous applications and payments as certified by the Engineer and paid by the County. 1.3.2 The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements. 1.3.3 Payment Application Times: Each progress payment date is as indicated in the Agreement. The period of construction work covered by each Application or payment is the period indicated in the Agreement. 1.3.4 Payment Application Forms: Use AlA Document G 702 and Continuation Sheets G 703 as the form for Application for Payment. 1.3.5 Application Preparation: Complete every entry on the form, including notarization and execution by person authorized to sign legal documents on behalf of the Contractor. Incomplete applications will be returned without action. 1. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions have been made. 2. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application. 01027-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhonn County Port Lavaca, Texas Section 01027 Applications for Payment March 2013 1.3.6 Transmittal: Submit 3 executed copies of each Application for Payment to the Engineer by means ensuring receipt within 24 hours; one copy shall be complete, including waivers of lien and similar attachments, when required. 1. Transmit each copy with a transmittal form listing attachments, and recording appropriate information related to the application in a manner acceptable to the County. 2. Waiver Forms: Submit waivers of claims against payment bond on forms provided. Submit partial release of claims from each subcontractor at or about 50% completion. Submit final release of claim at substantial completion. 1.3.7 Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of the first Application for Payment include the following: 1. List of subcontractors. 2. List of principal suppliers and fabricators. 3. Schedule of Values. 4. Contractor's Construction Schedule (preliminary if not final). 5. Copies of authorizations and licenses from governing authorities for performance of the work. 6. Initial progress report. 7. RepOlt of pre-construction meeting. 8. Certificates of insurance and insurance policies. 9. Performance and payment bonds. 10. Data needed to acquire County's insurance. 1.3.8 Application for Payment at Substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment. 1.3.9 Administrative actions and submittals that shall proceed or coincide with the Application for Payment at Substantial Completion include: 1. WlliTanties (guarantees) and maintenance agreements. 2. Final cleaning. 3. Waivers of right to claim against payment bond from all major subcontractors. 4. Waivers of right to claim against payment bond from the contractor. 5. Application for reduction of retainage, and consent of surety. 6. Notification of shifting insurance coverages. 7. List of incomplete work, recognized as exceptions to Engineer's Certificate of Substantial Completion. 01027-4 Port Alto Beach and Wetland Restoration and Conservation Project Calhonn County Port Lavaca, Texas Section 01027 Applications for Payment March 2013 8. Record drawings. 1.3.10 Final Payment Application: Administrative actions and submittals which must precede or coincide with submittal of the final Application for Payment include the following: I. Completion of Project closeout requirements. 2. Completion of items specified for completion after Substantial Completion. 3. Assurance that unsettled claims will be settled. 4. Assurance that work not complete and accepted will be completed without undue delay. 5. Proof taxes, fees and similar obligations have been paid. 6. Removal of surplus materials, rubbish and similar elements. 7. As-Built PDFs. 8. Consent of surety form. PART 2: PRODUCTS (Not Used) PART 3: EXECUTION (Not Used) PART 4: MEASUREMENT AND PAYMENT (Not Used) - END OF SECTION - 01027-5 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01040 Project Coordination March 2013 SECTION 01040: PROJECT COORDINATION PART 1: GENERAL 1.1 SUMMARY 1.1.1 This Section specifies administrative and supervisory requirements necessary for Project coordination including, but not necessarily limited to: 1. Coordination. 2. Administrative and supervisory personnel. 3. General installation provisions. 4. Cleaning and protection. 1.1.2 Progress meetings and coordination meetings are included in Section "Project Meetings." 1.1.3 Requirements for the Contractor's Construction Schedule are included in Section" Submittals." 1.2 COORDINATION 1.2.1 Coordination: Coordinate construction activities included under various Sections of these Specifications and Contract Documents to assure efficient and orderly installation of each part of the work. Coordinate construction operations included under different Sections of the Specifications and Contract Documents that are dependent upon each other for proper installation, connection, and operation. I. Where installation of one part of the work is dependent on installation of other components, either before or after its own installation, schedule construction activities in the sequence required to obtain the best results. 2. Where availability of space is limited, coordinate installation of different components to assure maximum accessibility for required maintenance, service and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. 1.2.2 Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and ensure orderly progress of the work. Such administrative activities include, but are not limited to, the following: 01040-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01040 Project Coordination March 2013 1. Preparation of schedules. 2. Installation and removal of temporary facilities. 3. Delivery and processing of submittals. 4. Progress meetings. 5. Project Close-out activities. 1.3 SUBMITIALS Comply with requirements contained in Section "Submittals." I. Staff Names: No less than ten (10) calendar days prior to the Pre- Construction Conference, submit a list of the Contractor's principal staff assignments, including the Superintendent and other personnel in attendance at the site; identify individuals, their duties and responsibilities; list their addresses and telephone numbers. 2. Post copies of the list in the Project meeting room, the temporary field office, and each temporary telephone. 3. Provide a list of subcontractors with addresses and telephone numbers. PART 2: PRODUCTS (Not Applicable). PART 3: EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS 3.1.1 Inspection of Conditions: Require the Contractor and/or Subcontractor of each major component to inspect the conditions under which work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner. 3.1.2 Manufacturer's Instructions: Comply with manufacturer's installation instructions and recommendations, to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in Contract Documents. 3.1.3 Inspect materials or equipment immediately upon delivery and again prior to installation. Reject damaged and defective items. 3.1.4 Recheck measurements and dimensions, before starting each installation. 3.1.5 Install each component during weather conditions and Project status that will ensure the best possible results. Isolate each part of the completed construction from incompatible material as necessary to prevent deterioration. 01040-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01040 Project Coordination March 2013 3.1.6 Coordinate temporary enclosures with required inspections and tests, to minimize the necessity of uncovering completed construction for that purpose. 3.2 CLEANING AND PROTECTION 3.2.1 During handling and installation, clean and protect construction in progress and adjoining materials in place. 3.2.2 Clean and maintain completed construction as frequently as necessary through the remainder of the construction period. PART 4: MEASUREMENT AND PAYMENT (NOT USED) - END OF SECTION - 01040-3 Port Alto Beach and Wetland Restoration and Conservation Project Section 0 I 050 Calhoun County Field Engineering and Surveying Port Lavaca, Texas March 2013 SECTION 01050: FIELD ENGINEERING AND SURVEYING PART 1: GENERAL 1.1 REQUIREMENTS INCLUDED I. 1.1 Survey work required in execution of the Project. Civil, structural, or other professional engineering services specified or required to execute Contractor's construction methods. 1.1.2 Identify propeity benchmarks. 1.1.3 All pre and post-constmcting surveying and survey control will be the cost and responsibility of the Contractor. The County will not provide . . surveymg serVices. 1.1.4 The Contractor shall maintain and be held responsible for the preservation of all benchmarks, stakes, and marks. If any benchmarks, stakes, or marks are carelessly or willfully disturbed by the Coutractor, the Contractor shall not proceed with any work until they have restored such items and have established such points, marks, lines and elevations as may be necessary for the prosecution of the work. 1.2 QUALIFICATIONS OF SURVEYOR 1.2.1 Qualified registered land surveyor in the State of Texas, acceptable to the County and the Engineer. 1.3 SURVEY REFERENCE POINTS 1.3.1 Contractor shall establish and/or protect control points prior to starting site work, and establish/preserve at a minimum two permanent reference points during construction. Contractor shall: 1. Make no changes or relocations without prior written notice to the County. 2. Report to the County when any reference point is lost or destroyed, or requires relocation because of necessary changes in grades or locations. 3. Require surveyor to replace Project control points which may be lost or destroyed at no additional cost to the County. Establish replacement based on original survey control. 01050-1 Port Alto Beach and Wetland Restoration and Conservation Project Section 01050 Calhoun County Field Engineering and Surveying Port Lavaca, Texas March 2013 1.4 PROJECT SURVEY REQUIREMENTS 1.4.1 Record locations, with horizontal and vertical data, on Project Record Documents. 1.4.2 Site improvements: 1. Constructed beach slopes and limits of riprap placement 2. Final site elevations 1.4.3 Survey transect intervals must coincide with the 50 foot stationing of the construction baseline and survey points be collected every 10 feet along the line. Surveys must capture elevations and locations of the top of bank, toe of slope, edge of vegetation, grade breaks, and slopes. 1.4.4 Interim surveys will be submitted with each periodic pay application. 1.5 RECORDS 1.5.1 Maintain a complete, accurate log of all control and survey work as it progresses. 1.5.2 At the end of the project, submit a Record Drawing markup set of the original Plans, indicating the structure corners and location of additional structures, and road intersections, horizontal and vertical location of all pipes, valves, fittings, existing utilities and lines and grades encountered in the project area. 1.5.3 Maintain an accurate record of all changes, revisions, and modifications. 1.6 SUBMITTALS 1.6.1 Submit documentation to verify accuracy of field engineering work. 1.6.2 Submit drawings showing locations of all stmctures constructed. This drawing shall be included with the Project Record Documents. PART 2: PRODUCTS (Not used) PART 3: EXECUTION (Not used) PART 4: MEASUREMENT AND PAYMENT (Not used) - END OF SECTION - 01050-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01055 Project Permits March 2013 SECTION 01055: PROJECT PERMITS PART 1: GENERAL 1.1 RELATED DOCUMENTS Plans and general provisions of the Contract apply to this Section. 1.2 DESCRIPTION OF WORK The work outlined in this Section includes the providing of all labor, materials, and services as required by Federal, State, and local codes. 1.3 RULES AND REGULATIONS 1.3.1 All contractors, subcontractors, and bidders providing services related to the environment shall be held responsible for a level of competency with respect to the regulatory requirements within their area of expertise. 1.3.2 It shall be contingent on the Contractor and all Subcontractors to adhere to all such legal requirements as mandated by the law, the permits, and/or the requirements of the applicable agencies. Further, it is contingent on the bidders to be aware of the requirements normally mandated by the approval agencies listed hereinafter and in turn, to provide a bid price sufficient to include all special requirements that could be required by the permitting agencies. Contractor shall be aware of all noise ordinance criteria and perform work in compliance with the local governmental requirements. PART 2: PRODUCTS (Not Applicable) PART 3: EXECUTION 3.1 PROJECT PERMITS 3.1.1 The Contractor shall not begin construction of any portion of the general site construction project prior to receipt of all federal, state, and local construction permits as indicated in this section. 3.1.2 The Contractor shall be required to adhere to all requirements of the permits. Included in adherence thereto is compliance with all conditions of the permit as well as requirements implied in the laws, ordinances, and regulations. The Contractor shall be responsible for payment of any fines from government agencies resulting from the Contractor's failure to adhere to all permit conditions and agency regulations. These shall 01055-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01 055 Project Permits March 2013 include but not be limited to material and constmction standards, environmental protection, certifications, notifications, and special conferences. The following permit applications have been or shall be made by the Engineer to the agencies noted: AGENCY PERMIT USACE Permit #SWG-20l2-00493 3.1.3 The Contractor shall be responsible for obtaining all other permits from applicable governmental agencies. 3.2 PERMIT POSTING The County shall make available to the Contractor upon issuance of the Notice to Proceed copies of all permits with conditions related thereto. The Contractor shall post on a weatherproof display board all actual permits and keep, suitably accessible for use by the County Representative and Representative of the approval agencies, the actual permits, and related materials such as drawings. 3.3 FINAL CERTIFICATION The Contractor shall provide to the County signed and sealed "As- Built/Record" drawings on all systems covered by the permits a minimum of 20 days following the completion of construction to allow for the County Representative to submit the required final "As-Built/Record" project certification(s). 3.4 "AS-BUILT/RECORD" DRAWINGS 3.4.1 The County or its Engineer will review upon completion of the work, "As- Built/Record" drawings as required by and acceptable to the permitting agency. 3.5 EASEMENTS (Not Applicable) PART 4: MEASUREMENT AND PAYMENT (Not used) - END OF SECTION - 01055-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 0 I 090 Definitions and Standards March 2013 SECTION 01090: DEFINITIONS AND STANDARDS (Applicable to Technical Specifications Only) PART 1: GENERAL 1.1 SUMMARY This Section specifies administrative requirements for compliance with governing regulations, codes and standards. 1.1.1 Requirements include obtaining permits, licenses, inspections, releases and similar documentation, as well as payments, statements and similar requirements associated with regulations, codes and standards. 1.1.2 Refer to the conditions described in the United States Army Corps of Engineers (USACE) Permit # SWG-2012-00493 1.2 DEFINITIONS 1.2.1 General: Definitions contained in this Article are not necessarily complete, but are general to the extent that they are not defined more explicitly elsewhere in the Contract Documents. 1.2.2 Indicated: Refers to graphic representations, notes or schedules on the Plans, or other Paragraphs or Schedules in Specifications, and similar requirements in Contract Documents. Where terms such as "shown," "noted," "scheduled," and "specified" are nsed, it is to help locate the reference; no limitation on location is intended except as specifically noted. 1.2.3 Directed: Terms such as Itdirected", ltrequestedlt, "authorized", "selectedU, "approved", "required", and "permitted" mean "directed by the County or the County's Engineer", "requested by the County or the County's Engineer", and similar phrases. However, no implied meaning shall be interpreted to extend the County's or the County's Engineer's responsibility into the Contractor's area of constmction supervision. 1.2.4 Approve: The term "approved," where used in conjunction with the Engineer's action on the Contractor's submittals, applications, and requests, is limited to the responsibilities and duties of the Engineer stated in General and Special Conditions. Such approval shall not release the Contractor from responsibility to fulfill Contract Document requirements, unless otherwise provided in the Contract Documents. 01 090-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01090 Definitions and Standards March 2013 1.2.5 Regulation: The term "Regulations" includes laws, statutes, ordinances, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the work, whether they are lawfully imposed by authorities having jurisdiction or not. 1.2.6 Furnish: The term "furnish" is used to mean "supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations." 1.2.7 Install: The term "install" is used to describe operations at project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations." 1.2.8 Provide: The term "provide" means "to furnish and install, complete and ready for the intended use." 1.2.9 Installer: An "Installer" is an entity engaged by the Contractor, either as an employee, subcontractor, or sub-subcontractor for performance of a particular construction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. The term "experienced," when used with the term "Installer" means having previous Projects similar in size and scope to this Project, and familiar with the precautions required, and has complied with requirements of the authority having jurisdiction. 1.2.10 Project Site: The space available to the Contractor for performance of the work, either exclusively or in conjunction with others performing other constmction as part of the Project. The extent of the Project Site is shown on the Plans, and mayor may not be identical with the description of the land upon which the Project is to be built. 1.2.11 Testing Laboratories: A "testing laboratory" is an independent entity engaged to perform specific inspections or tests, either at the Project Site or elsewhere, and to report on and, if required, to interpret results of those inspections or tests. 01090-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01 090 Definitions and Standards March 2013 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION 1.3.1 This Article is provided to help the user of these Specifications understand the format, language, implied requirements, and similar conventions. None of the explanations shall be interpreted to modify the substance of Contract requirements. 1.3.2 Specification Format: These Specifications are organized into Divisions, Sections or Trade Headings based on the Construction Specifications Institute's l6-Division format and the MASTERFORMAT numbering system. This organization conforms generally to recognized construction industry practice. 1.3.3 Specification Content: This Specification has been produced employing conventions in the use of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows: 1. Language used in the Specifications and other Contract Documents is the abbreviated type. Implied words and meanings will be appropriately interpreted. Singular words will be interpreted as plural and plural words interpreted as singular where applicable and where the full context of the Contract Documents so indicates. 2. Imperative Language is used generally in the Specifications. Requirements expressed imperatively are to be performed by the Contractor. At certain locations in the text, for clarity, subjective language is used to describe responsibilities which must be fulfilled indirectly by the Contractor, or by others when so noted. 1.3.4 Assignment of Specialists: The Specification requires that certain specific construction activities shall be performed by specialists who are recognized experts in the operations to be performed. The specialists must be engaged for those activities, and the assiguments are requirements over which the Contractor has no choice or option. Nevertheless, the ultimate responsibility for fulfilling Contract requirements remains with the Contractor. This requirement shall not be interpreted to conflict with enforcement of similar regulations governing the work. It is also not intended to intelfere with local trade union jurisdictional settlements and similar conventions. 1.4 DRAWING SYMBOLS Graphic symbols used on the Plans are those recognized in the construction industry for purposes indicated. Where not otherwise noted, symbols are defined by "Architectural Graphic Standards," seventh edition 01090-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhonn County Port Lavaca, Texas Section 01090 Definitions and Standards March 2013 published by John Wiley & Sons, Inc. 1.5 INDUSTRY STANDARDS 1.5.1 Applicability of Standards: Except where Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into Contract Documents. Such standards are made a part of the Contract Documents by reference. Individual Sections indicate which codes and standards the Contractor must keep available at the Project Site for reference. 1. Referenced standards take precedence over standards that are not referenced but recognized in the construction industry as applicable. 2. Unreferenced Standards: Except as otherwise limited by the Contract Documents, standards not referenced but recognized in the industry as applicable will be enforced for performance of the work. The Engineer will decide whether a code or standard is applicable, or which of several are applicable. 1.5.2 Publication Dates: Where compliance with an industry standard is required, comply with standard in effect as of date of Contract Documents. Updated Standards: At the request of the County, Contractor or authority having jurisdiction, may submit a Change Order proposal where an applicable code or standard has been revised and reissued after the date of the Contract Documents and before performance of work affected. The County will decide whether to issue a Change Order to proceed with the updated standard. 1.5.3 Conflicting Requirements: Where compliance with two or more standards is specified, and they establish different or conflicting requirements for minimum quantities or quality levels, the most stringent requirement will be enforced, unless the Contract Documents indicate otherwise. Refer requirements that are different, but apparently equal, and uncertainties as to which quality level is more stringent to the County for a decision before proceeding. Minimum Quantities or Quality Levels: In every instance the quantity or quality level shown or specified shall be the minimum to be provided or performed. The actual installation may comply exactly, within specified tolerances, with the minimum quantity or quality specified, or it may exceed that minimum within reasonable limits. In complying with these reqnirements, indicated numeric values are minimum or maximum values, 01090-4 Port Alto Beach and Wetland Restoration and Conservation Project Calhonn Connty Port Lavaca, Texas Section 01090 Definitions and Standards March 2013 as noted, or appropriate for the context of the reqnirements. Refer instances of uncertainty to the County for decision before proceeding. 1.5.4 Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to that entities' construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed for performance of a required construction activity, the Contractor shall obtain copies directly from the publication source. 2. Although copies of standards needed for enforcement of requirements may be palt of required submittals, the Engineer reserves the right to require the Contractor to submit additional copies as necessary for enforcement of requirements. 1.5.5 Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. The following acronyms or abbreviations as referenced in Contract Documents are defined to mean the associated names. Names and addresses are subject to change, and are believed to be, but are not assured to be, accurate and up-to-date as of date of Contract Documents: AA Aluminum Association 900 19th St., NW, Suite 300 Washington, DC 20006 (202) 862-5100 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol St., Suite 225 Washington, DC 20001 (202) 624-5800 ACI American Concrete Institute P.O. Box 19150 Detroit, MI 48219 (313) 532-2600 ACIL American Council of Independent Laboratories 1725 K St., NW Washington, DC 20006 (202) 887-5872 ACP A American Concrete Pipe Association 8320 Old Courthouse Rd. Vienna, VA 22180 (703) 821-1990 AlA American Institute of Architects 01090-5 (202) 626-7300 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01090 Definitions and Standards March 2013 1735 New York Ave., NW Washington, DC 20006 AISC American Institute of Steel Constmction 400 N. Michigan Ave., 8th Floor Chicago, IL 60611 (312) 670-2400 AISI American Iron and Steel Institute 1000 Sixteenth St., NW Washington, DC 20036 (202) 452-7100 ANSI American National Standards Institute 11 West 42 St. New York, NY 10036 (212) 642-4900 ASTM American Society for Testing and Materials 1916 Race St. Philadelphia, PA 19103 (215) 299-5400 A WS American Welding Society P.O. Box 351040 550 Le Jeune Road, NW Miami, FL 33135 (305) 443-9353 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Rd. Schaumburg, IL 60195 (312) 490-1700 1.5.6 Federal Government Agencies: Names and titles of federal government standard or Specification producing agencies are frequently abbreviated. The following acronyms or abbreviations referenced in the Contract Documents indicate names of standard or Specification producing agencies of the federal government. Names and addresses are subject to change but are believed to be, but are not assured to be, accurate and up- to-date as of the date of the Contract Documents. CE Corps of Engineers (US Department of the Army) Chief of Engineers- Referral Washington, DC 20314 (202) 693-6456 USDOT Department of Transportation 400 Seventh St., SW Washington, DC 20590 (202) 366-4000 01 090-6 Port Alto Beach and Wetland Restoration and Conservation Project Calhonn County Port Lavaca, Texas Section 01090 Definitions and Standards March 2013 EPA Environmental Protection Agency 401 M St., SW Washington, DC 20460 (202) 829-3535 OSHA Occupational Safety and Health Administration (U.S. Department of Labor) Government Printing Office Washington, DC 20402 (202) 783-3238 1.6 GOVERNING REGULATIONS/AUTHORITIES The Engineer has contacted anthorities having jurisdiction where necessary to obtain information necessary for the preparation of Contract Documents; that information mayor may not be of significance to the Contractor. The Contractor shall contact anthorities having jurisdiction directly for information and decisions having a bearing on the work. 1.7 SUB MITT ALS Permits, Licenses, and Certificates: For the Connty's records, snbmit copies of permits, licenses, certifications, inspection reports, releases, jmisdictional settlements, notices, receipts for fee payments, jndgments, and similar documents, correspondence and records established in conjnnction with compliance with standards and regnlations bearing upon pe1formance of the work. PART 2: PRODUCTS (Not Applicable) PART 3: EXECUTION (Not Applicable) PART 4: MEASUREMENT AND PAYMENT (Not used) - END OF SECTION - 01090-7 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01150 Measurement and Payment March 2013 SECTION 01150: MEASUREMENT AND PAYMENT PART I: GENERAL 1.1 GENERAL 1.1.1 All pay items under this contract shall be lump sum. 1.1.2 Contingency Allowance: The Contractor shall not use the Contingency Allowance without written approval from the County. 1.1.3 The Contractor shall accept compensation provided under the terms of this Contract as full payment for furnishing all materials and for pelforming all work contemplated and embraced under this Contract. Such compensation shall also be for any and all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen difficulties or obstruction encountered during the Contract period until final acceptance by the County. 1.1.4 Any work or items not inclnded in a lump sum pay item included on the Contractor's Bid Schedule, but shown on the Plans or required by these specifications, shall be included as part of the lump sum bid price and identified in the Contractor's Schedule of Values. 1.1.5 It is the Contractor's responsibility to perform a detailed quantity take-off from the Drawing to determine actual quantities for ordering and delivery purposes. The County will not be responsible for quantities ordered in excess of those installed and constructed. 1.1.6 Prior to the execution of the Contract by the County, the Contractor shall prepare and submit a Schedule of Values and Progress Schedule to the representative for approval. The Schedule of Values and Progress Schedule shall be the primary means of control of the work and will be the basis for scheduling all work and for determination of Contract progress payments. The Schedule of Values shall subdivide the total lump sum bid price for the work into its component parts for each lump sum pay shown on the Contractor's Bid Schedule in sufficient detail to serve as the basis for estimating percent complete to support progress payments during construction. The total sum of the individual valnes in the Schedule of Valnes for each of the activities shall equal the total lump sum Contract price minus contingency. An unsupportable or unreasonable allocation of the Contract lump sum price to anyone ofthe activity or work items shall be justification for the rejection of the Schedule of Values. Additionally, if the County's representative believes a particular lump sum pay item in the Contractor's Bid Schedule is unsupportable or umeasonable, the Contractor will be requested to reallocate costs between individual lump 01150-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun Connty Port Lavaca, Texas Section 01150 Measnrement and Payment March 2013 sum pay items in his Schedule of Values. In the event the Contractor's Schedule of Values is rejected by the County's representative, the Contractor shall resubmit a revised Schedule of Values within five (5) working days for review based on the direction provided by the County's representative. The County will not execute the Contract until the Schedule of Values has been approved. Failure of the Contractor to fumish a Schedule of Values acceptable to the County may result in the fOlfeiture of the Contract by the Contractor, in which case the County, at its sole discretion, may enter into a Contract with the next low qualified Bidder. 1.1.7 All work completed under the terms of this Contract shall be measured according to United States standard measures. 1.1.8 All measurements shall be taken hOlizontally or vertically unless specifically provided otherwise. 1.1.9 No extra payment will be made to the Contractor for construction extending over a greater area than authorized, nor for material moved from outside of the project limits and data shown on the Plans. 1.1.10 The Contractor shall accept compensation provided under the terms of this Contract as full payment for furnishing all materials and for performing all work contemplated and embraced under this Contract. Such compensation shall also be for any and all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen difficulties or obstmction encountered during the Contract period until final acceptance by the County. 1.1.11 Whenever any change, or combination of changes, on the Plans results in an increase or decrease in the original Contract quantities, and the work added or decreased/eliminated is of the same general character as that called for on the Plans, the Contractor shall accept payment in full at the original Contract unit prices for the actual quantity of work performed, with no allowance for any loss or anticipated profits. 1.1.12 Any quantity item not indicated in the Bid Proposal List, but shown on the Plans, shall be included as pmt of the lump sum quantity. 1.1.13 The Project is all the work shown on the Plans and specifications and is bid as a single lump sum price contract. Bid Schedules listed in Bid Proposal have provided work items and estimated quantities. These estimated quantities and work item descriptions are listed to establish Measurement and payment descriptions and unit prices for additional work that may be requested or required by a County Change Order due to field changes dming construction. 01150-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01150 Measurement and Payment March 2013 1.2 CONTINGENCY ALLOWANCE 1.2.1 General: The work specified under this section consists of peJforming additional work beyond the original Contract scope as directed by the Connty. 1.2.2 Pavment: Payment for miscellaneous work outside of the original contract scope will be made only for work previously authorized by the County in writing. - END OF SECTION - 01150-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01200 Project Meetings March 2013 SECTION 01200: PROJECT MEETINGS PART 1: GENERAL 1.1 SUMMARY 1.1.1 This Section specifies administrative and procedural requirements for project meetings including but not limited to: 1. Pre-Construction Conference. 2. Coordination Meetings. 3. Progress Meetings. 1.1.2 Construction schedules are specified in another Division-l Section. 1.2 PRE-CONSTRUCTION CONFERENCE 1.2.1 The Contractor shall schedule a Pre-Coustruction Conference and organizational meeting at the Project site or other convenient location no later than 10 days after execution of the Agreement and prior to commencement of construction activities. Conduct the meeting to review responsibilities, personnel assignments, and permit compliance requirements. 1.2.2 Attendees: The County, Engineer and his consultants, the Contractor and his superintendent, major subcontractors, manufacturers, suppliers, and other concerned patties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the work. 1.2.3 Agenda: During the Pre-Constmction Conference all parties in attendance shall discuss items of significance that could affect progress including such topics as: 1. Distribution of Contract Documents. 2. Submittal of Shop Drawings. 3. Preparation of Project Record Documents. 4. Office, work and storage areas. 5. Equipment deliveries and priorities. 6. Safety procedures, Health and Safety Plan and implementation, Remediation Area Decontamination. 7. Fh'st aid. 8. Security. 9. Housekeeping. 10. Working hours. 11. Progress Meetings. 01200-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01200 Project Meetings March 2013 12. Construction Schedule. 1.3 PROGRESS MEETINGS 1.3.1 The Contractor shall coordinate and conduct progress meetings at the Project site at regularly scheduled intervals that shall be determined during the Pre-Construction Conference. For this work, it is anticipated that progress meetings be held once a week throughout the construction period. The Contractor shall notify the County and Engineer of revised scheduled meeting dates. 1.3.2 Attendees: In addition to representatives of the County and Engineer, each subcontractor, supplier or other entity concerned with current progress or involved in planning, coordination or performance of future activities shall be represented at these meetings by persons familiar with the Project and authorized to conclude matters relating to progress. 1.3.3 Agenda: Review and correct or approve minutes of the previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to the current status of the Project. 1.3.4 Contractor's Construction Schedule: Review progress since the last meeting. Determine where each activity is in relation to the Contractor's Construction Schedule, whether on time or ahead or behind schedule. Determine how constr'uction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contr'act Time. 1.3.5 Review the present and future needs of each entity present, including such items as: 1. Interface requirements. 2. Time. 3. Sequences. 4. Deliveries. 5. Off-site fabrication problems. 6. Access. 7. Site utilization 8. Temporary facilities and services. 9. Hours of work. 10. Hazards and risks. II. Housekeeping. 12. Quality and work standards. 01200-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01200 Project Meetings March 2013 13. Change Orders. 14. Documentation of information for payment requests. 1.3.6 Reporting: No later than 3 days after each progress meeting date, the Contractor shall prepare and distribute copies of minutes of the meeting to each party present and to other parties who should have been present. Include a brief summary, in narrative form, of progress since the previous meeting and report. 1.3.7 Schedule Updating: The Contractor shall revise the construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue the revised schedule concurrently with the report of each meeting. PART 2: PRODUCTS (Not Applicable) PART 3: EXECUTION (Not Applicable) PART 4: MEASUREMENT AND PAYMENT (Not Applicable) - END OF SECTION - 01200-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01300 Submittals March 2013 SECTION 01300: SUBMITTALS PART I: GENERAL 1.1 SUMMARY 1.1.1 This Section includes administrative and procedural requirements for submittals required for pe1formance of the work, including the following: 1. Contractor's construction schedule. 2. Submittal schedule. 3. Daily construction reports. 4. Shop Drawings. 5. Product Data. 6. Samples. 7. Quality assurance submittals. 1.1.2 Administrative Submittals: Refer to other Division I Sections and other Contract Documents for requirements for administrative submittals. Such submittals include, but are not limited to, the following: 1. Permits. 2. Applications for Payments. 3. Pe1formance and payment bonds. 4. Insurance certificates. 5. List of subcontractors. 1.1.3 Other Submittals: In addition to the above, the procedures stated in this Section also apply to submittal of any other items required in the various Technical Sections including warranties, guarantees, and schedules. 1.2 DEFINITIONS 1.2.1 Product (Catalog) Data: Standard illustrations, schedules, performance charts, dimensions, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product, or system for some portion of the work. 1.2.2 Shop Drawing: Drawings, diagrams, schedules, and other data specially prepared by the Contractor or any subcontractor, manufacturer, supplier or distributor to illustrate some portion of the work. 01300-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01300 Submittals March 2013 1.3 SUBMITTAL PROCEDURES 1.3.1 Quantity: Submit three copies of all data for approval. 1.3.2 Channel of Submission: All submittals from subcontractors shall be processed through the Prime Contractor. 1.3.3 Completeness of Submittal: Submittals must be complete. Prior to submission for approval, each snbmittal shall be carefully checked and approved by the Contractor for the complete and proper inclusion of all items stated in the technical provisions. Submittals which are grossly incomplete, or which indicated no attempt at conformance with the Contract Documents will not be reviewed and will be rejected. If a submittal is deemed grossly incomplete or indicates no attempt at conformance with the Contract Documents, the Contractor shall be reqnired to resubmit the submittal. The completeness of the submittal is subject to approval by the Engineer. 1.3.4 Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from Contractor to Engineer using sequentially numbered transmittal form. All submittals shall reference the specification paragraphs where the required submittal is identified. Submittals received from sources other than the Contractor will not be accepted. 1.3.5 Coordination: Coordinate preparation and processing of submittal with performance of constrnction activities to avoid delay. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate each transmittal of different types of submittals for related elements of the work so processing will not be delayed by the need to review submittals concurrently for coordination. The Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until all related submittals are received. 3. Processing: To avoid the need to delay installation as a result of the time required to process submittals, allow sufficient time for submittal review, including time for resubmittals. a. Allow 2 weeks for initial review. Allow additional time if the Engineer must delay processing to permit coordination with subsequent submittals. 01300-2 POlt Alto Beach and Wetland Restoration and Conservation Project Calhonn County Port Lavaca, Texas Section 01300 Snbmittals March 2013 b. If an intermediate submittal is necessary, process the same as the initial submittal. c. No extension of Contract Time will be authorized because of failure to transmit submittals to the Engineer snfficiently in advance of the work to permit processing. 1.4 SUBM1TTALFORMAT 1.4.1 Provide the required submittals as noted in the list at the end of this section. Only items listed shall be submitted. 1.4.2 Submittals shall be bound in a quality there-ringed-binder, indexed by specification section. Provide labeled dividers for each section. Each item submitted shall have as its cover sheet a completed Submittal Identification Sheet. A sample of this identification sheet is included in this section. 1.4.3 All required items are to be submitted for review at one time. If for any reason an item cannot be submitted, the item will be listed in the index and a section divider provided for inclusion when the item is submitted. 1.4.4 If submittals are received by the Engineer without the above requirements, they will be returned without review to the Contractor for compliance. Any delays in construction caused by this noncompliance shall be the Contractor's responsibility. 1.5 CONTRACTOR'S CONSTRUCTION SCHEDULE 1.5.1 Bar-Chart Schednle: Prepare a fnlly developed, horizontal bar-chart-type, Contractor's construction schedule. Submit within 10 days after the date established for "Commencement of the work." 1. Provide a separate time bar for each significant construction activity. 2. At each Progress Meeting, provide an updated Contractor's Construction Schedule that reflects the following: Within each time bar, indicate estimated completion percentage in 10 percent increments. As work progresses, place a contrasting mark in each bar to indicate Actual Completion. 3. Prepare the schedule on a sheet, or series of sheets, of stable transparency, or other reprodncible media, or sufficient width to show data for the entire construction period. 4. Secure time commitments for performing critical elements of the work from patties involved. Coordinate each element on the schedule with other construction activities; include minor elements 01300-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01300 Submittals March 2013 involved in the sequence of work. Show each activity in proper seqnence. Indicate graphically the sequences necessary for completion or related portions of the work. 5. Coordinate the Contractor's Construction Schedule with the Schedule of Values, list of subcontracts, Submittal Schedule, progress reports, payment requests, and other schedules. 6. Indicate completion in advance of the date established for Substantial Completion. Indicate Substantial Completion on the schedule to allow time for the Engineer's procedures necessary for certification of Substantial Completion. 1.5.2 Distribution: Following response to the initial submittal, print and distribute copies to the Engineer, County, subcontractors, and other parties required to comply with schedule dates. Post copies in the Project meeting room and temporary field office. When revisions are made, distribute to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned p011ion of the work and are no longer involved in construction activities. 1.5.3 Schedule Updating: Revise the schedule after each meeting, event, or activity where revisions have been recognized or made. Issue the updated schedule concurrently with the report of each meeting. 1.6 SUBMITI' AL SCHEDULE 1.6.1 After development and acceptance of the Contractor's Constmction Schedule, prepare a complete schedule of submittals. Submit the schedule within 10 days of the date required for submittal of the Contractor's Construction Schedule. I. Coordinate Submittal Schedule with the list of subcontracts, Schedule of Values, and the list of products as well as the Contractor's Constmction Schedule. 2. Prepare the schedule in chronological order. Provide the following information: a. Schedule date for the first submittal. b. Related Section number. c. Submittal category (Shop Drawings, Product Data, or Samples). d. Name of the subcontractor. e. Description of the part of the work covered. f. Schedule date for resubmittal. g. Schedule date for the Engineer's final release or approval. 01300-4 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01300 Submittals March 2013 1.6.2 Distribution: Following response to the initial submittal, print and distribute copies to the Engineer, Connty, subcontractors, and other parties required to comply with submittal dates indicated. Post copies in the Project meeting room and field office. When revisions are made, distribute to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the work and are no longer involved in construction activities. 1.6.3 Schedule Updating: Revise the schedule after each meeting, event, or activity where revisions have been recognized or made. Issue the updated schedule concurrently with the report of each meeting. 1.7 SHOP DRAWINGS 1.7.1 Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents prepared without specific reference to the Project is not a Shop Drawing. 1.7.2 Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates and similar Drawings. Include the following information: I. Dimensions. 2. Identification of products and materials included by sheet and detail number. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit Shop Drawings on sheets at least 8-1/2 by II inches but no larger than 36 by 48 inches. 7. Final Submittal: Submit 3 blue- or black-line prints, plus the number of prints needed by the Engineer for distribution. The Engineer will retain 2 prints and retUl11 the remainder. One of the prints returned shall be marked up and maintained as a "Record Document." 8. The Engineer's obligations to review shop drawings and other submittals and to return them in a timely manner are conditioned upon the prior review and approval of the shop drawings or submittals by the Contractor as required in the construction contract and the Contractor's submittal of the shop drawings and other submittals in accordance with a written schedule distributed 01300-5 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01300 Submittals March 2013 in advance to the Engineer identifying the dates for the submittal of the various shop drawings and submittals. 9. Do not use Shop Drawings without an appropriate final stamp indicating action taken. 1.8 PRODUCT DATA 1.8.1 Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information, such as manufacturer's installation instructions, catalog cuts, standard color charts, roughing-in diagrams and templates, standard wiring diagrams, and petformance curves. 1. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several prodncts that are not required, mark copies to indicate the applicable information. Include the following information: a. Manufacturer's printed recommendations. b. Compliance with trade association standards. c. Compliance with recognized testing agency standards. d. Application of testing agency labels and seals. e. Notation of dimensions verified by field measurement. f. Notation of coordination requirements. 2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed. 3. Submittals: Submit 2 copies of each required submittal. The Engineer will retain one and will return the other marked with action taken and corrections or modifications required. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. 4. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for pelformance of construction activities. Show distribution on transmittal forms. a. Do not proceed with installation until a copy of Product Data is in the Installer's possession. b. Do not permit use of unmarked copies of Product Data in connection with construction. 01300-6 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01300 Submittals March 2013 1.9 QUALITY ASSURANCE SUBMITTALS 1.9.1 Submit quality-control submittals, including design data, certifications, manufacturer's instructions, manufacturer's field reports, and other quality- control submittals as required under other Sections of the Specifications. 1.9.2 Certifications: Where other Sections of the Specifications require certification that a product, material, or installation complies with specified requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements. Certification shall be signed by an officer of the manufacturer or other individual authorized to sign documents on behalf of the company. 1.9.3 Inspection and Test Reports: Requirements for submittal of inspection and test reports from independent testing agencies are specified in Division I Section "Quality Control Services." l.l0 ENGINEER'S ACTION 1.10.1 Except for submittals for the record or information, where action and return is required, the Engineer will review each submittal, mark to indicate action taken, and return promptly. Compliance with specified characteristics is the Contractor's responsibility. 1.10.2 Action Stamp: The Engineer will stamp each submittal with a uniform, action stamp. The Engineer will mark the stamp appropriately to indicate the action taken, as follows: I. Final Unrestricted Release: When the Engineer marks a submittal "No Exceptions Taken," the work covered by the submittal may proceed provided it complies with requirements of the Contract Documents. Final payment depends on that compliance. 2. Final-But-Restricted Release: When the Engineer marks a submittal "Note Markings," the work covered by the submittal may proceed provided it complies with notations or cOlTections on the submittal and requirements of the Contract Documents. Final payment depends on that compliance. 3. Returned for Resubmittal: When the Engineer marks a submittal "Rejected," do not proceed with work covered by the submittal, including purchasing, fabrication, delivery, or other activity. Revise or prepare a new submittal according to the notations; resubmit without delay. Repeat if necessary to obtain different 01300-7 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01300 Submittals March 2013 action mark. Do not use, or allow others to use, submittals marked "Rejected" at the Project Site or elsewhere where work is in progress. 4. Comments Attached: Comments added to simplify or clarify action taken. 5. Other Action: Where a submittal is for information or record purposes or special processing or other activity, the Engineer will return the submittal marked "Action Not Required." 1.10.3 Unsolicited Submittals: The Engineer will return unsolicited submittals to the sender without action. 1.11 SUBMITTAL LIST 1.11.1 Items requiring submittals are listed below. In the event the Technical Specifications include items not covered in this list, the requirements of the Technical Specifications shall govern. Submittal data may be required on any item even though submittal requirements are not given in the Specifications. 1.11.2 Items noted for "Record" will not be reviewed but are required for a record of material furnished on the project. PART 2: PRODUCTS (Not Applicable) PART 3: EXECUTION (Not Applicable) PART 4: MEASUREMENT AND PAYMENT (Not used) 01300-8 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01300 Submittals March 2013 SUBMITTAL IDENTIFICATION SHEET SUBMITTAL IDENT. NO. SUBCONTRACTOR: SUBSECTION PARAGRAPH: ITEM: MODEL #: IS ITEM AS SPECIFIED? PROJECT: CONTRACTOR: SPECIFICATION REFERENCE: NO. OF PAGES OF SUBMITTAL: MANUFACTURER: REQUEST OF SUBSTITUTION: OPTIONS/ACCESSORIES INCLUDED: DEVIATIONS FROM SPECIFICATIONS: ADDITIONAL REMARKS: ENGINEER'S COMMENTS: - END OF SECTION - 01300-9 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01355 Environmental Protection March 2013 SECTION 01355: ENVIRONMENTAL PROTECTION PART 1: GENERAL 1.1 SCOPE This section covers prevention of environmental damage as the result of operations under this contract. For the purpose of this specification, environmental damage is defined as the presence of hazardous physical, chemical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances; affect other species, biological communities, or ecosystems; or degrade the quality of the environment for aesthetic, cultural, and/or historical purposes. The control of environmental damage requires consideration of land, water, and air, and includes management of visual aesthetics, noise, solid waste, radiant energy and radioactive materials, pollutants, and operations under this contract. 1.2 QUALITY CONTROL The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record on daily quality control reports or attachments thereto, any problems in complying with laws, regulations and ordinances, and corrective action taken. 1.3 PERMITS The Port Alto Beach and Wetland Restoration and Conservation Project have received a pennit from the USACE. The permit is attached as Appendix A of these technical specifications. The Contractor shall comply with all requirements of the permit. Applicable Agencies and Rules include, but are not limited to, the following: 1. U. S. Army Corps of Engineers (US ACE) Regulations 2. Texas Department of Transportation (TxDOT) Regulations 1.4 SUBMITTALS No less than ten (10) calendar days prior to the Pre-Construction Conference, the Contractor shall submit an Environmental Protection Plan for review and acceptance by the County and the Engineer. Acceptance of the Contractor's plan shall not relieve the Contractor of his responsibility 01355-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01355 Environmental Protection March 2013 for adequate and continuing control of pollutants and other environmental protection measures. Acceptance of the plan is conditional and predicated on satisfactory petformance during construction. The County and/or the Engineer reserve the right to require the Contractor to make changes to the Environmental Protection Plan or operations if the County and/or the Engineer determine that environmental protection requirements are not being met. No physical work at the site shall begin prior to acceptance of the Contractor's plan or an interim plan covering the work to be petformed. The Environmental Protection Plan shall include but not be limited to the following: 1. A list of Federal, State, and local laws, regulations, and permits concerning environmental protection, pollution control, and abatement that are applicable to the Contractor's proposed operations and the requirements imposed by those laws, regulations, and permits. 2. Procedures to be implemented to provide the required environmental protection and to comply with the applicable laws and regulations. The Contractor shall provide written assurance that immediate corrective action will be taken to correct pollution of the environment due to accident, natural causes, or failure to follow the procedures set out in accordance with the environmental protection plan. The Contractor shall not remove, cut, deface, injure, or destroy trees or shrubs without written permission from the County. 3. Environmental monitoring plans for the job site, including land, water, air, and noise monitoring. 4. Spill prevention. The Contractor shall specify all potentially hazardous substances to be used on the job site and intended actions to prevent accidental or intentional introduction of such materials into the air, ground, water, wetlands, or drainage areas. The plan shall specify the Contractor's provisions to be taken to meet Federal, State, and local laws and regulations regarding labeling, storage, removal, transport, and disposal of potentially hazardous substances. 5. Spill contingency plan for hazardous, toxic, or petroleum material. 6. Identification of the person who shall be responsible for implementation of the Environmental Protection Plan. The Contractor personnel responsible shall report directly to the Contractor's top management and shall have the authority to act for the Contractor in all environmental protection matters. 7. The Contractor shall prepare an Erosion and Sediment Control Plan. 1.5 SUBCONTRACTORS 01355-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01355 Environmental Protection March 2013 The Contractor shall be responsible for ensuring that all subcontractors comply with all environmental protection requirements. 1.6 NOTIFICATION The County/Engineer will notify the Contractor in writing of any observed noncompliance with the Federal, State, or local laws or regulations, permits and other elements of the Contractor's environmental protection plan. The Contractor shall, after receipt of such notice, inform the County and the Engineer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the County and/or the Engineer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or costs or damages allowed to the Contractor for any such suspension. Additionally, the Contractor shall notify the County and the Engineer, in writing, of the occurrence of environmental incidents. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION 3.1 PROTECTION OF ENVIRONMENTAL RESOURCES 3.1.1 General Project Environmental Design and Installation Criteria: The natural resources outside the limits of the work petformed under this contract shall be preserved in their existing condition or restored to an equivalent or improved condition upon completion of the work. Construction activities shall be confined to areas defined by the work schedule, drawings, and specifications. The Contractor shall not remove, cut, deface, injure, or destroy trees or shrubs. The Contractor shall abide by all environmental protections cited in the project permits (see Appendix A). In the event environmental protection measures fail, the Contractor shall implement procedures to control and correct environmental damage. 01355-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01355 Environmental Protection March 2013 3.1.2 Protection of Water Resources: The Contractor shall keep construction activities under surveillance, management, and control to avoid pollution of surface, ground waters, and wetlands. The Contractor shall plan his operation and perfOlID all work necessary to minimize adverse impact or violation of the water quality standard. Special management techniques as set out below shall be implemented to control water pollution by the listed construction activities, which are included in this contract. The Contractor's construction methods shall protect wetland and surface water areas from damage due to mechanical grading, erosion, sedimentation and turbid discharges. There shall be no storage or stockpiling of equipment, tools, or materials within wetlands or along the shoreline within the littoral zone unless specifically authorized. The Contractor shall perform all work in such a manner that any adverse environmental impact on water resources is reduced to a level acceptable to all regulatory agencies. Work must be performed in accordance with all permit requirements. 1. Oil, Fuel, and Hazardous Substance Spill Prevention and Mitigation: The Contractor shall take special measures to prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water. All oil, petroleum, or liquid chemical storage tanks shall be mounted inside leak proof containers or sufficient size and strength to contain the contents of the tanks in the event of a content leak or spill. If any spill occurs, the Contractor is responsible for all cleanup expenses, regulatory agency notifications, and for notification to the County. In the event that a spill occurs despite the design and procedural controls, the following shall occur: a. Immediate action sball be taken to contain and cleanup any spill of oil, fuel or other hazardous substance. b. Spills shall be immediately reported to the County/Engineer. c. Spill contingency planning shall be strictly in accordance with the criteria of the U.S. Environmental Protection Agency (EPA) 40 CFR, Part 109. d. To control the spread of any potential spill, absorbent materials shall be readily available and capable of absorbing the contents of the single largest tanlc e. To control the spread of any potential spill, the Contractor shall provide a written certification of commitment of manpower, equipment, and materials required to expeditiously cleanup and dispose of spill materials. 1. Spill Preventive Systems: 01355-4 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01355 Environmental Protection March 2013 2. System design and installation requirements have been discussed at the beginning of this Section. Temporary or portable tanks shall conform to applicable Federal, State, and local codes and requirements and shall not be placed where they may be affected by storm, flooding, or washout. Diversionary structures for spills shall be put in place in advance where practical. Both spill preventive systems and any deviations from associated requirements must be approved by the County/Engineer prior to implementation. 2. Liabilities: The Contractor shall be liable in the amounts established in EPA 40 CFR, Part 113 when it can be shown that oil was discharged as a result of willful negligence or willful misconduct. The penalty for failure to report the discharge of oil shall be in accordance with the provision of 33 CFR, Part 153 3.1.3 Wetlands Protection: The Contractor shall not anchor, stage, or store equipment, in a manner that will cause any damage to wetlands beyond those specifically identified, anticipated, and authorized in these specifications and associated drawings and environmental permits. If such activities cannot be done without affecting sensitive areas outside the construction area identified in the contract documents, the activities shall cease, and the County and the Engineer shall be immediately notified (no later than the morning following the working day if the incident occurs after normal working hours). Any actual incident involving damage to, or disturbance of, wetlands shall be reported. The wetlands surrounding the project area shall be protected with a silt fence that is maintained throughout construction. 3.1.4 Protection of Fish and Wildlife Resources: The Contractor shall keep construction activities under surveillance, management, and control to minimize intederence with, disturbance to, and damage of fish and wildlife. In the event that a threatened or endangered species is harmed as a result of constmction activities, the Contractor shall cease all work and notify the County and the Engineer. 3.1.5 Protection of Air Resources: The Contractor shall keep construction acti vities under surveillance, management, and control to minimize pollution of air resources. All activities, equipment, processes and work operated or pelformed by the Contractor in accomplishing the work shall be in strict accordance with the applicable air pollution standards and all 01355-5 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01355 Environmental Protection March 2013 Federal emission and performance laws and standards, including the U.S. Environmental Protection Agency's Ambient Air Quality Standards. Odors shall be controlled at all times for all constrnction activities. 3.1.6 Protection from Sound lntrnsions: All equipment shall be equipped with satisfactory mufflers or other noise abatement devices. The Contractor shall conduct his operations so as to comply with all Federal, State, and local laws pertaining to noise. 3.2 POST-CONSTRUCTION CLEANUP Under the Contractor's bid for "Demobilization", the Contractor shall include costs to restore all constrnction access sites and staging areas to a pre-constrnction condition or better. The Contractor shall submit a Post- Constmction Cleanup Plan to the County for review and approval prior to the Pre-Constrnction Conference. The Plan shall address Contractor measures to prevent damage to the constmction access sites and staging areas, and shall identify measures for restoration. The Contractor shall additionally propose measures to limit damage to any pavement, striping, signage, vegetation, and improvements present in the all constrnction access sites and staging areas and the route proposed for transpOlt of equipment and materials for constrnction of the Project. The Contractor shall restore any pavement, striping, signage, vegetation and improvements that may have been damaged or disturbed as a direct result of the Contractor's constrnction activities to an equal or better condition upon completion of the work and demobilization of equipment, facilities, vehicles, and crew from the work area. Restoration shall include removal of all of the Contractor's equipment and waste either for disposal or reuse. The Contractor shall restore to previous condition, all site and landscape features damaged or destroyed during construction operations outside the limits of the approved Project areas and within the Project area as shown on the Plans. This work will be accomplished at the Contractor's expense, and included in the bid item for "Demobilization". All material brought to the site for the stabilization of any access area shall be removed from the site by the Contractor. Before the project is considered complete, any topography disturbed as a consequence to constmction shall be restored to pre-constmction elevations that exist on the site. As part of site restoration, the Contractor is required to restore disturbed beach vegetation. Site restoration shall include the removal of the Contractor's plant and all equipment or materials either for disposal or 01355-6 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01355 Environmental Protection March 2013 reuse. Plant and/or equipment or materials to be disposed of shall only be disposed of in a manner and at locations accepted by the County. Any stakes or other markers placed by the Contractor must be removed as a part of the post -construction cleanup. Grade stakes placed during the fill operation shall be completely removed and shall not be left buried in the fill. Unless otherwise accepted in writing by the County, the Contractor will not be permitted to abandon pipelines, pipeline supports, pontoons, or other equipment in the work area or in other areas adjacent to the work site. All signs of temporary construction facilities such as work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, and all other vestiges shall be removed upon completion of construction. All other areas are to be restored to their original conditions. PART 4: MEASUREMENT AND PAYMENT (Not used) - END OF SECTION - 01355-7 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County POlt Lavaca, Texas Section 01400 Quality Control Services March 2013 SECTION 01400: QUALITY CONTROL SERVICES PART 1: GENERAL 1.1 SUMMARY 1.1.1 This Section specifies administrative and procedural requirements for quality control services. 1.1.2 Quality control services include inspections and tests and related actions including reports performed by independent agencies, governing authorities, and the Contractor. 1.1.3 Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with Contract Document requirements. 1.1.4 Requirements of this Section relate to fabrication and installation procedures. 1. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Those requirements, including inspections and tests, cover fabrication and installation procedures. 2. Inspections, test and related actions specified are not intended to limit the Contractor's quality control procedures that facilitate compliance with Contract Document requirements. 3. Requirements for the Contractor to provide quality control services required by the Engineer, County, or authorities having jurisdiction are not limited by provisions of this Section. 1.2 RESPONSIBILITIES 1.2.1 Contractor Responsibilities: The Contractor shall provide inspections, tests, and similar quality control services specified in individual Specification Sections and on the construction Drawings and required by governing authorities. 1. Retesting: The Contractor is responsible for retesting where results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with Contract Document requirements, regardless of whether the original test was the Contractor's responsibility. 01400-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhonn County Port Lavaca, Texas Section 01400 Quality Control Services March 2013 Cost of retesting construction revised or replaced by the Contractor is the Contractor's responsibility, where required tests were performed on original construction. 2. Associated Services: The Contractor shall cooperate with agencies pelforming required inspections, tests, and similar services and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include but are not limited to: a. Providing access to the work and furnishing incidental labor and facilities necessary to facilitate inspections and tests. b. Taking adequate quantities of representative samples of materials that require testing or assisting the agency in taking samples. 1.2.2 Duties of the Testing Agency: The independent testing agency engaged to perform inspections, sampling, and testing of materials and construction specified in individual Specification Sections and on the construction drawings shall cooperate with the County, Engineer and Contractor in performance of its duties and shall provide qualified personnel to perform required inspections and tests. 1. The agency shall notify the County, Engineer and Contractor promptly of irregularities or deficiencies observed in the work during performance of its services. 2. The agency is not authorized to release, revoke, alter, or enlarge requirements of the Contract Documents, or approve or accept any portion of the work. 3. The agency shall not perform any duties of the Contractor. 1.2.3 Coordination: The Contractor and each agency engaged to perform inspections, tests, and similar services shall coordinate the sequence of activities to accommodate required services with a minimum of delay. In addition, the Contractor and each agency shall coordinate activities to avoid the necessity of removing and replacing construction to accommodate inspections and tests. The Contractor is responsible for scheduling times for inspections, tests, taking samples, and similar activities. 1.3 SUBMITTALS 1.3.1 The independent testing agency shall submit a certified written report of each inspection, test, or similar service to the County and Engineer, in 01400-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01400 Quality Control Services March 2013 duplicate, unless the Contractor is responsible for the service. If the Contractor is responsible for the service, submit a certified written report of each inspection, test, or similar service through the Contractor. 1. Submit additional copies of each written report directly to the governing authOlity, when the authority so directs. 2. RepOlt Data: Written reports of each inspection, test, or similar service shall include, but not be limited to: a. Date of issue. b. Project title and number. c. Name, address, and telephone number of testing agency. d. Dates and locations of samples and tests or inspections. e. Names of individuals making the inspection or test. f. Designation of the work and test method. g. Identification of product and Specification Section. h. Complete inspection or test data. 1. Test results and an intelpretation of test results. j. Ambient conditions at the time of sample-taking and testing. k. Comments or professional opinion as to whether inspected or tested work complies with Contract Document requirements. 1. Name and signature oflaboratory inspector. m. Recommendations on retesting. 1.4 QUALITY ASSURANCE Qualification for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, which are prequalified as complying with "Recommended Requirements for Independent Laboratory Qualification" by the American Council of Independent Laboratories, and which specialize in the types of inspections and tests to be pelformed. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the State in which the Project is located. PART 2: PRODUCTS (Not Applicable) PART 3: EXECUTION 3.1 TESTING FREQUENCY (NOT USED) 3.2 REPAIR AND PROTECTION 3.2.1 General: Upon completion of inspection, testing, sample-taking, and similar services, repair damaged construction and restore areas sampled and tested to eliminate deficiencies. 01400- 3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01400 Quality Control Services March 2013 3.2.2 Protect constmction exposed by or for quality control service activities and protect repaired constmction. 3.2.3 Repair and protection is the Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. PART 4: MEASUREMENT AND PAYMENT (Not used) - END OF SECTION - 01400-4 Port Alto Beach and Wetland Restoration and Conservation Project Section 01500 Calhoun County Temporary Construction Facilities Port Lavaca, Texas March 2013 SECTION 01500: TEMPORARY CONSTRUCTION FACILITIES PART 1: GENERAL REQUIREMENTS 1.1 INTRODUCTION The work covered by this section includes, but is not limited to, the temporary construction facilities, maintenance of traffic, site access, site cleanup, and communications the Contractor shall comply with as part of the project. 1.2 SITE PLAN 1.2. I The Contractor shall prepare a site plan indicating the proposed location and dimensions of any area to be used by the Contractor, the number of trailers to be used, avenues of ingress/egress to the area and details of the fence installation where applicable. Any areas which may have to be graveled to prevent the tracking of mud shall also be identified by the Contractor during the Pre-Construction Conference. The Contractor shall also indicate if the use of a supplemental or other staging area is desired beyond the staging area identified on the Plans. I .3 AVAILABILITY OF UTILITY SERVICES 1.3.1 Utility Services: The Contractor shall be responsible for providing utility services. If Electrical Power is needed, the contractor shall coordinate installation with local electric authority at the Contractor's own cost. The Contractor shall bid accordingly. 1.3.2 Sanitation: The Contractor shall provide and maintain within the construction area minimum field-type sanitary facilities approved by the County. 1.3.3 Telephone: The Contractor shall make arrangements and pay all costs for telephone facilities if desired. 1.4 BULLETIN BOARD, PROJECT SIGN, AND PROJECT SAFETY SIGN 1.4. I Bulletin Board: Immediately upon beginning of work, the Contractor shall provide a weatherproof glass-covered bulletin board not less than 36 by 48 inches in size for displaying the Equal Employment Opportunity poster, and other information approved by the County. The bulletin board shall be located in a conspicuous place easily accessible to all employees. Legible copies of the aforementioned data shall be displayed until work is 01500- I Port Alto Beach and Wetland Restoration and Conservation Project Section 01500 Calhoun County Temporary Construction Facilities Port Lavaca, Texas March 2013 completed. Upon completion of work the bulletin board shall be removed by and remain the property of the Contractor. 1.5 PROTECTION AND MAINTENANCE OF TRAFFIC During work activities the Contractor shall provide access and temporary relocated roads as necessary to maintain traffic. The Contractor shall maintain and protect traffic on all affected roads except as otherwise specifically directed by the County. Measures for the protection and diversion of traffic, including the provision of watchmen and flagmen, erection of barricades, placing of lights around and in front of equipment and the Work, and the erection and maintenance of adequate warning, danger, and direction signs, shall be as required by the State and local authorities having jmisdiction. The traveling public shall be protected from damage to person and property. The Contractor's traffic on roads selected for hauling material to and from the site shall intelfere as little as possible with public traffic. The Contractor shall investigate the adequacy of existing roads and the allowable load limit on these roads. The Contractor shall be responsible for removal, relocation, or replacement of any traffic control device in the construction area which exists as part of the normal preconstruction traffic control scheme. Any such actions shall be pelformed by the Contractor under the supervision and in accordance with the instructions of the applicable highway department unless otherwise specified. The Contractor shall be responsible for the repair of any damage to roads caused by construction operations. 1.5.1 At a minimum, the Contractor will install and maintain the following signage in both directions: 1. 48"x 48" (Diamond) Reflective Orange with black lettering "CONSTRUCTION ENTRANCE 1500 Ff" located 1500 feet from the site entrance. Total quantity = 2 signs. 2. 48"x 48" (Diamond) Reflective Orange with black lettering "BE PREPARED TO STOP located 500 feet from the site entrance. Total quantity = 2 signs. 3. 18"x 24" (Rectangular) Reflective Orange with black lettering "CONSTRUCTION ENTRANCE" located at the site entrance. Total quantity = 2 signs. a. All signs shall be installed with posts and brackets in accordance with manufacturer recommendations. b. If required, the Contractor shall obtain all necessary permits and approval for installation of signage. c. The Contractor shall submit signage details including plan layout, installation details, and sign details, to the County for 01500-2 Port Alto Beach and Wetland Restoration and Conservation Project Section 01500 Calhonn Connty Temporary Constmction Facilities Port Lavaca, Texas March 2013 review and approval. Dimensions of custom signage lettering and installation shall be submitted to the County for approval prior to fabrication. Truck traffic hauling equipment, materials, supplies, debris, earthen materials, vegetative materials, or remediation materials to or from the construction site shall control entering and exiting vehicles so that they do not block traffic. d. Signs must be installed prior to truck traffic commencing at the site. e. The Contractor is required to follow TxDOT Maintenance of Traffic guidelines during operations requiring lane closures or stacking of trucks. The Contractor must inform the County and the necessary local authorities including Texas Highway Patrol, local law enforcement, and the local fire department no later than 48 hours before operations requiring additional traffic maintenance. f. Under no circumstances shall the safety of the traveling public be compromised by the Contractor's operations during execution of the work. The Contractor will consult with the County immediately on any vehicular or pedestrian safety or efficiency problems incurred as a result of construction of the project. 1.6 ACCESS AND HAUL ROADS The Contractor shall, at its own expense, construct new or repair existing access and haul roads as necessary for proper execution of the Work under this contract. Haul roads shall be constructed with suitable grades and widths; sharp curves, blind corners, and dangerous cross traffic shall be avoided. The Contractor shall provide necessary lighting, signs, barricades, and distinctive markings for the safe movement of traffic. The method of dust control shall be adequate to ensure safe operation at all times. Location, grade, width, and aligmnent of construction and hauling roads shall be subject to approval by the County. Lighting shall be adequate to assure full and clear visibility for full width of haul road and work areas during any night work operations. Upon completion of the work, haul roads designated by the County shall be removed. 1.6.1 Ban'icades: The Contractor shall erect and maintain temporary barricades to limit public access to hazardous areas. Such barricades shall be required whenever safe public access to paved areas such as roads, parking areas or sidewalks is prevented by constmction activities or as otherwise necessary to ensure the safety of both pedestrian and vehicular traffic. Banicades shall be securely placed, clearly visible with adequate illumination to provide sufficient visnal warning of the hazard during both day and night. 01500-3 Port Alto Beach and Wetland Restoration and Conservation Project Section 01500 Calhoun County Temporary Construction Facilities Port Lavaca, Texas March 2013 1.6.2 Stabilized Construction Entrance: The Contractor shall restore the existing stabilized construction entrance as identified during the Pre-Construction Conference. The Contractor shall maintain the stabilized constmction entrance throughout the duration of the work. At the conclusion of the project and prior to final approval by the County, the Contractor shall re- grade and dress the stabilized construction entrance to remove ruts, holes and other deficiencies. 1.6.3 Water Access: If, necessary, the Contractor shall be responsible for arranging and procuring local marina dockage for any crew boats or similar that may be employed for water transportation. A land-based access point and staging area may be established by the Contractor, with approval from the County, in a location approved by the County. 1.6.4 Employee Parking: Contractor employees shall park privately owned vehicles in an area designated by the County. This area will be within reasonable walking distance of the construction site. 1.6.5 The Contractor shall keep all Constmction Entrances, Access Points, Staging Areas, and Parking Areas and public roadways adjacent to these areas, clean, orderly, and free of mud and debris. 1.6.6 The Contractor shall provide at least 72 hours notification to the affected highway department of the necessity to close any portion of a roadway carrying vehicles or pedestrians so that final approval of such closings can be obtained at least 48 hours in advance. At no time will more than one (1) lane of a roadway be closed to vehicles and pedestrians. With any such closings, adequate provision shall be made for the safe expeditious movement of each. It shall also be tbe Contractor's responsibility to notify the School Board, police, fire and emergency departments whenever roads are impassable. 1.7 SITE ACCESS FOR COUNTY PERSONNEL The Contractor shall maintain access routes within the project limits to allow ingress/egress to all areas of work by County personnel or designated representatives. These routes shall be suitable for standard two wheel drive pickup trucks or passenger vehicles. In the event site conditions are such that access to all areas of the site by County vehicles is not possible, the Contractor shall restore the site to provide access. During such times where access is limited or not possible by County vehicles, the Contractor shall provide access to the work to County personnel using the Contractor's equipment or vehicles. 01500-4 Port Alto Beach and Wetland Restoration and Conservation Project Section 01500 Calhoun County Temporary Constmction Facilities POli Lavaca, Texas March 2013 1.8 CONTRACTOR'S TEMPORARY FACILITIES (NOT USED) 1.9 COUNTY FIELD OFFICE (NOT USED) 1.10 COMMUNICATION 1.10.1 Whenever the Contractor has the individual elements of its operation so located that operation by normal voice between these elements is not satisfactory, the Contractor shall install a satisfactory means of communication, such as telephone or other suitable devices. The devices shall be made available for use by County personnel. 1.10.2 The Contractor's jobsite Superintendent and Foreman shall have mobile phones for communication with County personnel. 1.11 CLEANUP Construction debris, waste materials, packaging material and the like shall be removed from the work site daily. Any dirt or mud which is tracked onto paved or surfaced roadways shall be cleaned away. Stored material not in trailers, whether new or salvaged, shall be neatly stacked when stored. Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the County's property. Do not discharge volatile, harmful or dangerous materials into drainage systems. Remove waste materials from the site and dispose of in a lawful manner. 1.12 RESTORATION OF STAGING AREA Upon completion of the project and after removal of trailers, materials, and equipment from within the fenced area, the fence shall be removed and will become the property of the Contractor. Areas used by the Contractor for the storage of equipment or material, or other use, shall be restored to the original or better condition. Gravel used to traverse grassed areas shall be removed and the area restored to its original condition, including top soil and seeding as necessary. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT 4.1 MEASUREMENT 01500-5 POlt Alto Beach and Wetland Restoration and Conservation Project Section 01500 Calhoun County Temporary Construction Facilities Port Lavaca, Texas March 2013 4.1.1 No separate measurement shall be made for work specified in this section. 4.2 PAYMENT 4.2.1 Payment for all work specified in this Section shall be included in the Contractor's Lump Sum Bid Price. - END OF SECTION - 01500-6 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01600 Materials and Equipment March 2013 SECTION 01600: MATERIALS AND EOUlPMENT PART 1: GENERAL 1.1 SCOPE OF WORK Contractor is responsible for furnishing and installing the material and equipment as required by the Contract Documents. Proper approval of submittals and substitutions are required. Furnished material and equipment shall be properly transported, handled, stored and protected in accordance with manufacturer's instructions; federal, state or local regulations; or as approved by County. 1.1.1 MATERIAL AND EQUIPMENT INCORPORATED INTO THE WORK 1. Shall not be defective. 2. Shall comply with size, make, type and quality as specified in the Contract Documents, or as specifically approved in writing by Engineer. 3. Shall not be used for any purpose other than that for which it is designed or specified. 1.1.2 MANUFACTURED AND FABRICATED PRODUCTS 1. Design, fabricate and assemble in accordance with the best engineering and shop practices. 2. Manufacture like parts of duplicate units to standard sizes and gauges, to be interchangeable. 3. Two or more items of the same kind shall be identical, supplied by the same manufacturer. 4. Products shall be suitable for service conditions. 5. Equipment and material capacities, sizes and dimensions shown or as specified shall be adhered to unless variations are specifically approved in writing by the Engineer. 1.1.3 APPROVAL OF MATERIALS 1. Only new materials and equipment shall be incorporated in the work unless otherwise specified in the Contract Documents or approved by Engineer. All materials and equipment furnished by Contractor shall be subject to the inspection and approval of Engineer. No material shall be delivered to the work without prior written approval of Engineer. 2. Facilities and labor for handling and inspection of all materials and equipment shall be furnished by Contractor. If required by the Contract Documents or as requested by Engineer, either prior to beginning or during the progress of the work, Contractor shall 01600-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01600 Materials and Equipment March 2013 submit samples of materials for such special tests as may be necessary to demonstrate that they conform to the approved specifications. Such samples shall be furnished, in accordance with the General Conditions. Except as otherwise noted, Contractor will make arrangements for and pay for the tests. 3. In order to demonstrate the proficiency of workmen or to facilitate the choice among several textures, types, finishes and smfaces, Contractor shall provide such samples of workmanship or finish as may be required. 4. The materials and equipment used on the work shall correspond to the approved samples or other data. 1.2 IMPLEMENTATION 1.2.1 MANUFACTURER'S INSTRUCTIONS FOR INSTALLATION When Contract Documents require that installation of work shall comply with manufacturer's printed instructions, obtain and distribute copies of such instructions to parties involved in the installation, including five copies to County. Maintain one set of complete instructions at the job site during installation and until completion. 1.2.1 Handle, install, connect, clean, condition and adjust products in strict accord with such instructions and in conformity with specified requirements. 1. Should job conditions or specified requirements conflict with manufacturer's instructions, consult with Engineer for further instruction. 2. Do not proceed with work without clear instructions. 3. Do not omit any preparatory step or installation procedure unless specifically approved by Engineer. 1.3 TRANSPORTATION AND HANDLING 1.3.1 Arrange deliveries of products in accordance with construction schedules; coordinate to avoid conflict with work and conditions at the site. 1. Deliver products in undamaged condition in manufacturer's original containers or packaging, with identifying labels intact and legible. 2. Immediately, upon delivery, inspect shipments to assure compliance with requirements of Contract Documents and 01600-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01600 Materials and Equipment March 2013 approved submittals, and that products are properly protected and undamaged. 1.3.2 Provide equipment and personnel to handle products by methods to prevent soiling or damage to products or packaging. 1.4 STORAGE AND PROTECTION 1.4.1 Contractor shall furnish a covered, weather-protected storage structure providing a clean, dry, noncorrosive environment for all mechanical equipment, valves, architectural items, electrical and instrumentation equipment, and special equipment to be incorporated into this project. Storage and maintenance of stored equipment shall be in strict accordance with the "instructions for storage" of each equipment supplier and manufacturer including connection of heaters, placing of storage lubricants or moisture protection in equipment, etc. Corroded, damaged or deteriorated equipment and parts shall be replaced before acceptance of the project. Equipment and materials not properly stored will not be included in application for payment. 1.4.2 Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. 1. Store products subject to damage by the elements in weather-tight enclosures. 2. Maintain temperature and humidity within the ranges required by manufacturer's instructions. 3. Store fabricated products above the ground, on blocking or skids, to prevent soiling or staining. Cover products which are subject to deterioration or discoloration with impervious sheet covering; provide adequate ventilation to avoid condensation. 4. Store loose granular materials in a well-drained area on solid smfaces to prevent mixing with foreign matter. 1.4.3 All materials and equipment to be incorporated in the work shall be handled and stored by Contractor before, during and after shipment in a manner to prevent warping, twisting, bending, breaking, chipping, rusting, and any injury, theft or damage of any kind whatsoever to the material or equipment. 1.4.4 Cementitious and other products sensitive to moisture damage shall be stored nnder a roof, off the ground and shall be kept completel y dry at all times. 01600-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhonn County Port Lavaca, Texas Section 01600 Materials and Equipment March 2013 1.4.5 All materials which, in the opinion of Engineer, have become so damaged as to be unfit for the use intended shall be promptly removed from the site of the work, and Contractor shall receive no compensation for the damaged materials, its removal or its replacement. 1.4.6 Arrange storage in a manner to provide easy access for inspection. Make appropriate inspections of stored products to assure that products are maintained under specified conditions, and free from damage or deterioration. 1.4.7 Provide substantial coverings as necessary to protect installed products from damage from traffic and subsequent construction operations. Remove covering when no longer needed. 1.4.8 Contractor shall be responsible for all material, equipment and supplies sold and delivered to County under this Contract until final inspection of the work and acceptance by the County. In the event any such material, equipment and supplies are lost, stolen, or become defective prior to final inspection and acceptance, Contractor shall replace same without additional cost to County. 1.4.9 Should Contractor fail to take proper action on storage and handling of equipment supplied under this Contract within ten days after written notice to do so has been given, County retains the right to correct all deficiencies noted in previously transmitted written notice and deduct the cost associated with these corrections from Contractor's next progress payment. These costs may be comprised of expenditures for labor equipment usage, administrative, clerical, engineering and any other costs associated with making the necessary corrections. 1.5 SPECIAL TOOLS Manufacturers of equipment and machinery shall furnish any special tools required for normal adjustment, operations and maintenance, together with instructions for their use. Contractor shall preserve and deliver to County these tools and instructions in good order prior to County's acceptance of said equipment. 1.6 SPARE PARTS AND MAINTENANCE MATERIALS Spare parts and maintenance materials shall be supplied in accordance with the Contract Documents 01600-4 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01600 Materials and Equipment March 2013 1.7 GREASE, OIL AND FUEL 1.7.1 All grease, oil and fuel required for testing and initial operation of equipment shall be furnished by Contractor. 1.7.2 Contractor shall be responsible for changing the oil in all (gear compmtments) drives of mechanical equipment, after initial break-in of the equipment, which in no event shall be any longer than thme weeks of operation. 1.7.3 Contractor shall provide appropriate protection against any fuel spill on site by use of dual wall tanks and/or other spill containment protection systems. PART 2: PRODUCTS (Not Used) PART 3: EXECUTION (Not Used) PART 4: MEASUREMENT AND PAYMENT (Not used) - END OF SECTION - 01600-5 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01631 Product Substitutions March 2013 SECTION 01631: PRODUCT SUBSTITUTIONS PART 1: GENERAL 1.1 SUMMARY 1.1.1 This Section specifies administrative and procedural requirements for handling requests for substitutions made after award of the Contract. 1.1.2 The Contractor's Construction Schedule and the Schedule of Submittals are included under Section "Submittals." 1.1.3 Standards: Refer to Section "Definitions and Standards" for applicability of industry standards to products specified. 1.2 DEFINITIONS 1.2.1 Definitions used in this Article are not intended to change or modify the meaning of other tellliS used in the Conu'act Documents. 1.2.2 Substitutions: Requests for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Conu'actor after award of the Contract are considered requests for "substitutions." Request for substitutions prior to bids are not considered substitutions but as "Prior Approvals." The following al'e not considered substitutions: 1. Substitutions requested by Bidders during the bidding period and accepted prior to award of Contract are considered as included in the Contract Documents. "Prior Approvals" shall meet the requirements specified in this Section for Substitution Request Submittal. 2. Revisions to Contract Documents requested by the County or Engineer. 3. Specified options of products and consu'uction methods included in Contract Documents. 1.2.3 Substitution Request Submittal: Requests for substitution will be considered if received within 60 days after commencement of the work prior to the use of the substitute product, material, equipment, or method of construction. Requests received more than 60 days after commencement of the work may be considered or rejected at the discretion of the County. 01631-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01631 Product Substitutions March 2013 1. Submit 3 copies of each request for substitution to the County and Engineer for consideration. Submit requests in the form and in accordance with procedures required for Change Order proposals. 2. At the beginning of the request for substitution, clearly state the basis on which the request is made. Identify the product, or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawing numbers. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: a. Product Data, including Plans and descriptions of products, fabrication and installation procedures. b. Samples of both the proposed substitution and the specified product, where applicable or requested. c. A detailed comparison of significant qualities of the proposed substitution with those of the work specified. Significant qualities may include elements such as size, weight, durability, performance and visual effect. d. Coordination information, including a list of changes or modifications needed to other parts of the work and to construction performed by separate Contractors, that will become necessary to accommodate the proposed substitution. e. A statement indicating the substitution's effect on the Contractor's Construction Schedule compm'ed to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time. f. Cost information, including a proposal of the net change, if any in the Contract Sum. g. Celtification by the Contractor that the substitution proposed is equal-to or better in every significant respect to that required by the Conu'act Documents, and that it will pelfOllli adequately in the application indicated. Include the Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of the failure of the substitution to perform adequatel y. 3. County's Action: Within one week of receipt of the request for substitution, the County will request additional information or documentation necessary for evaluation of the request. Within 2 weeks of receipt of the request, or one week of receipt of the additional information or documentation, whichever is later, the County will notify the Contractor of acceptance or rejection of the proposed substitution. If a decision on use of a proposed substitute cannot be made or obtained within the time allocated, use the 01631-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County POli Lavaca, Texas Section 01631 Product Substitutions March 2013 product specified by name. Acceptance will be in the form of a Change Order. PART 2: PRODUCTS 2.1 SUBSTITUTIONS 2.1.1 Conditions: The Contractor's substitution request will be received and considered by the County when: extensive revisions to Conu'act Documents are not required; proposed changes are in keeping with the general intent of the Contract Documents; the request is timely, fully documented, and properly submitted; and when one or more of the following conditions are satisfied, as determined by the County; otherwise requests will be retumed without action except to record noncompliance with these requirements. 1. The request is directly related to an "or equal" clause or similm' langnage in the Contract Documents. 2. The specified product or method of constmction cannot be provided within the Contract Time. The request will not be considered if the product or method cannot be provided as a result of failure to pursue the work promptly or coordinate activities properly. 3. The specified product or method of construction cannot recei ve necessary approval by a governing authority, and the requested substitution can be approved. 4. A substantial advantage is offered the County, in terms of cost, time, energy conservation or other considerations of merit, after deducting offsetting responsibilities the County may be required to bear. Additional responsibilities for the County shall include additional compensation to the Engineer for redesign and evaluation services, increased cost of other construction by the County or separate Contractors, and similar considerations. 5. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where the Contractor certifies that the substitution will overcome the incompatibility. 6. The specified product or method of construction cannot be coordinated with other materials, and where the Contractor certifies that the proposed substitution can be coordinated. 7. The specified product or method of construction cannot provide a warranty required by the Contract Documents and where the Contractor certifies that the proposed substitution provide the required wmTanty. 01631-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01631 Product Substitutions March 2013 2.1.2 The Contractor's submittal and Engineer's acceptance of Shop Drawings, Product Data or Samples that relate to consu'uction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. 2.1.3 If a proposed substitution requires investigation, testing, or approval to determine its suitability for incorporation into the work, the testing of the proposed substitution shall be determined by the Engineer. The Contractor shall bear all costs of such investigations or tests, including the Engineer's additional services made necessary by such substitutions. PART 3: EXECUTION (Not Applicable) PART 4: MEASUREMENT AND PAYMENT (Not used) - END OF SECTION - 01631-4 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01700 Project Closeout March 2013 SECTION 01700: PROJECT CLOSEOUT PART 1: GENERAL 1.1 SUMMARY 1.1.1 This Section specifies administrative and procedural requirements for project closeout, including but not limited to: 1. Inspection procedures. 2. Project Record Document submittal. 3. Post-Construction Cleanup. 1.1.2 Closeout requirements for specific construction activities are included in the appropriate Sections in Division 2. 1.2 SUBSTANTIAL COMPLETION 1.2.1 Preliminmy Procedures: Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. 1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the work claimed as substantially complete. Include supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. If 100 percent completion cannot be shown, include a list of incomplete items, the value of incomplete work, and reasons the work is not complete. 2. Advise County of pending insurance change-over requirements. 3. Submit specific walTanties, workmanship bonds, maintenance agreements, final certifications alld similar documents. 4. Submit Record Drawings, topographic & bathymetric survey, and similar final record information. 5. Discontinue or change over and remove temporary facilities from the site, along with construction equipment and tools. Restore staging areas to their original condition. 6. Complete post-construction cleanup requirements. 1.2.2 Inspection Procedures: On receipt of a request for inspection, the Engineer will either proceed with inspection or advise the Contractor of unfilled requirements. The Engineer will prepare the Certificate of Substantial Completion following inspection, or advise the Contractor of 01700-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01700 Project Closeout March 2013 construction that must be completed or cOl'1'ected before the certificate will be issued. 1. The Engineer will repeat inspection when requested and assmed that the work has been substantially completed. 2. Results of the completed inspection will form the basis of requirements for final acceptance. 1.3 FINAL ACCEPTANCE 1.3.1 Preliminary Procedures: Before requesting final inspection for celtification of final acceptance and final payment, complete the following. List exceptions in the request. 1. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. 2. Submit an updated final statement, accounting for final additional changes to the Contract Sum. 3. Submit a certified copy of the Engineer's final inspection list of items to be completed or cOl'1'ected, stating that each item has been completed or otherwise resolved for acceptance and the list has been endorsed and dated by the Engineer. 4. Submit consent of surety to final payment. 5. Submit a final liquidated damages settlement statement. 6. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 1.3.2 Re-inspection Procedure: The Engineer will re-inspect the work upon receipt of notice that the work, including inspection list items from eal'lier inspections, has been completed, except items whose completion has been delayed because of circumstances acceptable to the County. 1. Upon completion of re-inspection, the Engineer will prepare a certificate of final acceptance, or advise the Contractor of work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, re-inspection will be repeated. 1.4 RECORD DOCUMENT SUBMITTALS 1.4.1 General: Do not use record documents for consu'uction purposes; protect from deterioration and loss in a secure, fire-resistive location; provide 01700-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01700 Project Closeout March 2013 access to record documents for the County and/or the Engineer's reference during normal working hours. 1.4.2 Record Drawings: Maintain a clean, undamaged set of blue or black line white-prints of Plans and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the work as originally shown. Mark whichever drawing is most capable of showing conditions fully and accurately; where Shop Drawings al'e used, record a cross-reference at the corresponding location on the Plans. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Mark record sets with red erasable pencil; use other colors to distinguish between variations in separate categories of the work. 2. Mark new information that is important to the County, but was not shown on Plans or Shop Drawings. 3. Note related Change Order numbers where applicable. 4. Organize Record Drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates, and other identification on the cover of each set. 5. Submit three (3) sets of the Record Drawing mmkups to the Engineer. 6. The Contractor will retain a licensed SUl'veyor registered in the State of Texas to confillli the Contractor's Record Drawing markups and provide an "as-built" survey for project completion celtification to permitting agencies. PART 2: PRODUCTS (Not Applicable) PART 3: EXECUTION 3.1 POST-CONSTRUCTION CLEANUP 3.1.1 As noted in Section 01355 Environmental Protection, The Plan shall address Contractor measures to prevent damage to the construction access sites and staging areas, and shall identify measures for restoration. The Contractor shall additionally propose measures to limit damage to any pavement, striping, signage, vegetation, and improvements present in the all consu'uction access sites and staging areas and the route proposed for transpOlt of equipment and materials for construction of the Project. The Contractor shall restore any pavement, striping, signage, vegetation and improvements that may have been damaged or disturbed as a direct result of the Conu'actor's construction activities to an equal or better condition upon completion of the work and demobilization of equipment, facilities, vehicles, and crew from the work area. Restoration shall include removal of all of the Contractor's equipment and waste either for disposal or reuse. 01700-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 01700 Project Closeout March 2013 The Contractor shall restore to previous condition, all site and landscape features damaged or destroyed during construction operations outside the limits of the approved Project areas and within the Project area as shown on the Plans. This work will be accomplished at the Contractor's expense, and included in the bid item for "Demobilization". All material brought to the site for the stabilization of any access area shall be removed from the site by the Contractor. Before the project is considered complete, any topography disturbed as a consequence to constmction shall be restored to pre-construction elevations that exist on the site. As part of site restoration, the Contractor is required to restore disturbed beach vegetation. Site restoration shall include the removal of the Contractor's plant and all equipment or materials either for disposal or reuse. Plant and/or equipment or materials to be disposed of shall only be disposed of in a manner and at locations accepted by the County. Any stakes or other markers placed by the Contractor must be removed as a part of the post -construction cleanup. Grade stakes placed during the fill operation shall be completely removed and shall not be left bmied in the fill. Unless otherwise accepted in writing by the County, the Contractor will not be permitted to abandon pipelines, pipeline supports, pontoons, or other equipment in the work area or in other areas adjacent to the work site. 3.2 RECORD DRAWINGS In the event that the proposed improvements constructed by the Contractor do not conform to the greatest extent practicable to the requirements specified on the Plans as determined by a review of the record survey, the Contractor will be required to make the necessary revisions for which no sepal'ate payment will be made and will pay the cost for additional professional services required thereof. PART 4: MEASUREMENT AND PAYMENT (Not used) - END OF SECTION - 01700-4 Port Alto Beach and Wetland Restoration and Conservation Project Section 01820 Calhoun County Mobilization and Demobilization Port Lavaca, Texas March 2013 SECTION 01820: MOBILIZATION AND DEMOBILIZATION PART 1: GENERAL 1.1 INTRODUCTION Mobilization and demobilization shall conform to TxDOT Standard Specifications. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT 4.1 MEASUREMENT No separate measurement shall be made for work specified in this Section. 4.2 PAYMENT All costs connected with the mobilization and demobilization of all the Conu'actor's plant, equipment, sanitmy facilities, and bonds will be paid for at the contract lump sum price for "Mobilization" and "Demobilization" - per Bid Items 1 and 2, respectively on the Bid Schedule. Mobilization and demobilization shall be paid at the lump sum price specified in the Schedule of Values, as approved by the County, for the individual components of the project. The lump sum price shall be considered full compensation for mobilization, demobilization, site clean up after completion and approval of all Work, and other items relevant to this project and not specifically included in the other bid items. work that does not comply with these specifications shall be immediately corrected to meet the specifications at the Contractor's expense. The County will re-inspect the work to review for completeness and accuracy prior to approval for payment. - END OF SECTION - 01820-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02000 Geotechnical Investigations March 2013 SECTION 02000: GEOTECHNICAL INVESTIGATIONS PART 1: GENERAL 1.1 DESCRIPTION 1.1.1 A geotechnical investigation for Port Alto Beach and Wetland Restoration and Conservation Project was conducted by Rock Engineering and Testing Laboratory, Inc. Specifically, the following documents were prepared: 1. Rock Geotechnical Report, dated May 15,2012. A copy of the referenced document is included in Appendix B. 1.1.2 The subsurface information contained therein was obtained for design purposes only and may not be an adequate representation of actual conditions for project consu'uction. Information shown, including water levels, represents existing conditions at the specific boring locations at the time the borings were made. All risks resulting from use or interpretation of the subsmface data shown shall be borne by the Contractor. 1.1.3 This data is available for information only and may be useful as a guide in estimating and planning the work. 1.1.4 If additional subsmface information is required by the Bidder, it shall be the Bidder's responsibility to obtain such data. At his own expense, the Bidder may perform additional test pits or test holes in areas planned for excavation to verify soil types and extents. Test holes and pits shall be backfilled and compacted to existing grade. The Bidder may also pelform any additional non-desuuctive testing on existing soils including proof- rolling and nuclear density testing. The Bidder shall locate all utilities prior to conducting additional subsmface exploration. 1.1.5 Refer to the GENERAL CONDITIONS for further explanation of subsmface conditions. PART 2: PRODUCTS (Not Used) PART 3: EXECUTION (Not Used) PART 4: MEASUREMENT AND PAYMENT (Not used) - END OF SECTION - 02000-1 Port Alto Beach and Wetland Restoration and Conservation Project Section 02065 Calhoun County Demolition and Modification Port Lavaca, Texas March 2013 SECTION 02065: DEMOLITION AND MODIFICATION PART 1: GENERAL 1.1 SCOPE OF WORK 1.1.1 Furnish all labor, materials, equipment and incidentals required for demolition and disposal of all structures, materials and piping to be removed. 1.1.2 This section includes complete or partial removal and disposal of specified existing structures, slabs, piping, manholes, and miscellaneous appurtenances encountered during construction operations. 1.2 CONDITION OF STRUCTURES 1.2.1 The County and the County's Representative assume no responsibility for the actual condition of the structures to be demolished or modified. 1.2.2 Conditions existing at the time of inspection for bidding purposes will be maintained by the County insofar as practicable. However, variations within the structures may occur prior to the start of demolition work. 1.3 RULES AND REGULATIONS 1.3.1 The Building Code of the State of Texas and demolition compliance with the peltinent governing regulations pertinent shall control the demolition, modification or alteration of the existing structures. 1.3.2 No blasting shall be done on site. The Contractor shall not bring or store any explosives on site. 1.4 DISPOSAL OF MATERIAL 1.4.1 Salvageable material shall become the property of the County, if the County requests any specific item. The Contractor shall dismantle all material to such a size that it can be readily handled and deliver any of this salvageable material requested by the County to designated storage area. 1.4.2 Any materials that the County rejects shall become the Contractor's property and must be removed from the site. 1.4.3 Concrete and bricks shall be disposed of off-site and hauled to an approved waste disposal site. 02065-1 Port Alto Beach and Wetland Restoration and Conservation Project Section 02065 Calhoun County Demolition and Modification POli Lavaca, Texas March 2013 1.4.4 All other material shall be hauled to a waste disposal site by the Contractor in compliance with permitting regulations and as approved by the County. 1.4.5 The storage of removed items on the site will not be allowed. 1.5 SUBMITTALS 1.5.1 Submit to the County for approval, two (2) copies of proposed methods and operations of demolition of the structures and modifications specified below prior to the start of work. Include in the schedule the coordination of shutoff, capping and continuation of utility service as required. 1.5.2 Provide a detailed sequence of demolition and removal work. 1.5.3 Before commencing demolition work, all modifications necessary to bypass the affected stmcture will be completed. Actual work will not begin until the County or Engineer has inspected and approved the modifications, and authorized commencement of the demolition work. 1.5.4 The above procedure must be followed for each individual demolition operation. 1.6 TRAFFIC AND ACCESS 1.6.1 Conduct demolition and modification operations, and the removal of material and debris to ensure minimum intelfel'ence with roads, streets, walks both onsite and offsite and to ensure minimum interference with occupied or used facilities. 1.6.2 Do not close or obstmct streets, walks or other occupied or used facilities without permission from the County. Provide alternate routes around closed streets or driveways. 1.7 PROTECTION Conduct operations to minimize damage by falling debris or other causes to adjacent buildings, structures, roadways, and other facilities, including persons, as directed by the County's Representative. Provide interior and exterior shoring, bracing, or support to prevent movement or settlement or collapse of structures to be demolished and adjacent facilities to remain. 02065-2 Port Alto Beach andW etland Restoration and Conservation Project Section 02065 Calhoun County Demolition and Modification POli Lavaca, Texas March 2013 1.8 DAMAGE Promptly repair damage caused to adjacent facilities by demolition operations as directed by the County and at no cost to the County. 1.9 UTILITIES 1.9.1 Maintain existing utilities as directed by the County to remain in service and protect against damage during demolition operations. 1.9.2 Do not intenupt existing utilities serving occupied or used facilities, except when authorized by the County. Provide temporary services during interruptions to existing utilities as acceptable to the County. 1.9.3 The Contractor shall cooperate with the County to shut off utilities serving structures of the existing facilities as required by demolition operations. 1.9.4 The Contractor shall be solely responsible for making all necessal'y arrangements and for perfOllliing any necessary work involved in connection with the discontinuance or interruption of all public and pri vale utilities or services under the jurisdiction of the utility companies. 1.10 POLLUTION CONTROL 1.10.1 For pollution control, use water sprinkling, temporary enclosures, and other suitable methods as necessary to limit the amount of dust and dirt rising and scattering in the air to the lowest level of air pollution practical for the conditions of work. Comply with the governing regulations. 1.10.2 Clean adjacent structures and improvements of all dust, dirt, and debris caused by demolition operations as determined by the County's Representative. Return areas to conditions existing prior to the start of work. PART 2: MATERIALS (NOT USED) PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT (NOT USED) - END OF SECTION - 02065-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County POlt Lavaca, Texas Section 02100 Clearing and Grubbing March 2013 SECTION 02100: CLEARING AND GRUBBING PART 1: GENERAL 1.l DESCRIPTION This section includes site clearing and grubbing for the removal and disposal of all timber, brush, stumps, roots, grass, weeds, sawdust, rubbish, stmctures, and existing pavement. 1.2 RELATED WORK 1.2.1 Section 02206: Finish Grading 1.2.2 Section 02269: Erosion and Sedimentation Control 1.3 REFERENCED STANDARDS (NOT USED) 1.4 SUBMITTALS (NOT USED) 1.5 QUALITY ASSURANCE (NOT USED) 1.6 PERMITS Contractor shall comply with all requirements of the USACE permit and GLO Land Lease (Appendix A) during construction. Contractor shall maintain a copy of all permits on-site and available for review by any regulatory agency as required, throughout the course of the work. 1.7 START OF WORK Install all silt fences along the limits of construction as indicated on the Plans. Obtain the County's approval of the installed erosion and sedimentation control measures. 1.8 PRESERVATION OF TREES (NOT USED) 1.9 DISPOSAL OF CLEARED AND GRUBBED MATERIAL All c1eal'ed and grubbed matelial shall be disposed of at the County Landfill. All fees associated with disposal shall be included in the line item price for clearing and gmbbing. 02100-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02100 Clearing and Grubbing Mal'Ch 2013 PART 2: PRODUCTS 2.1 SILT FENCES Silt fences shall consist of woven or non-woven geotextile fabrics as specified by the TxDOT. PART 3: EXECUTION (NOT USED) PART 4: MEASUREMENT AND PAYMENT (Not used) - END OF SECTION - 02100-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02206 Finish Grading March 2013 SECTION 02206: FINISH GRADING PART 1: GENERAL 1.1 SCOPE This section covers furnishing all labor, materials, equipment, tools, and incidentals necessary to finish grade areas shown on the Plans to the elevations indicated. This section includes work related to ponds, road shoulders, driveway turnouts, ditch slopes, berms, miscellaneous consu'uction, and all disturbed areas. Contractor will provide finished grading with positive drainage per grades shown on the Plans. 1.2 GENERAL REQUIREMENTS Contractor will provide a list of all equipment to be used for this operation to the County and the Engineer prior to the Pre-Construction Conference. All equipment shall be approved by the Engineer prior to being used to execute the work. PART 2: PRODUCTS (Not Used) PART 3: EXECUTION 3.1 PREPARATORY WORK Prior to finish grading of the mea, all backfilling shall be completed. Any washouts or other similar irregularities al'e to be corrected. 3.2 FINISH GRADING All exposed beach fill surfaces are to be finish graded to within -0.50 and +0.50 feet of planned grades as per Section 02279 - Beach Quality Sand. 3.3 PROTECTION Contractor is responsible for maintaining the finished grades until finally accepted by the County. Any repairs required from erosion or negligence will be at Contractor's expense. PART 4: MEASUREMENT AND PAYMENT 4.1 MEASUREMENT 02206-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02206 Finish Grading March 2013 No separate measmement shall be made for work specified in this section. Prior to finish grading of the area, all backfilling shall be completed. Any washouts or other similar irregularities are to be cOlTected. 4.2 PAYMENT Payment for all work specified in this Section shall be included in the Contractor's Lump Sum Bid Price. - END OF SECTION - 02206-2 Port Alto Beach and Wetland Restoration and Conservation Project Section 02269 Calhoun County Erosion and Sedimentation Control Port Lavaca, Texas March 2013 SECTION 02269: EROSION AND SEDIMENTATION CONTROL PART 1: GENERAL 1.1 DESCRIPTION 1.1.1 The work specified in this Section consists of fmnishing and installing materials and taking measures required to control erosion on the project alld Best Management Practices (BMPs) as required by the Texas Commission on Environmental Quality (TCEQ) for Tier I projects provided in Appendix D. All costs connected with erosion and sedimentation control will be paid for at the contract lump sum price for "Temporary Erosion & Sediment Control" - per Bid Item 3 of the Bid Schedule. The intent of this work is to prevent pollution of water, detrimental effects of public or private property adjacent to the project right of way and damage to work on the project. These measures will consist of construction and maintenance of temporary erosion control features 1.2 RELATED WORK 1.2.1 Section 02100: Clearing and Grubbing 1.2.2 Section 02279: Beach Quality Sand 1.3 REFERENCED STANDARDS 1.3.1 TCEQ Best Management Practices - Appendix D 1.4 CONTRACTOR EROSION AND SEDIMENT CONTROL PLAN In order to comply with the requirements of this section, the Contractor shall develop and submit a Contractor's Erosion and Sediment Conu'ol Plan (CESCP) prior to the Pre-Consuuction Conference based on the requirements set forth in this Specification, as shown on the Plans, and specified in Appendix A and D. The CESCP shall, at a minimum, include and address the following: 104.1 Type of BMP and installation, maintenance, and inspection procedures per Appendix A and D. 1.4.2 Certification from the manufacturer and/or supplier that all materials used in this work meets the appropriate project specification. 02269-1 Port Alto Beach and Wetland Restoration and Conservation Project Section 02269 Calhoun County Erosion and Sedimentation Control Port Lavaca, Texas March 2013 1.4.3 BMP Removal Procedures 10404 Revise and modify the CESCP as necessary during execution of the work. 1.4.5 Install, maintain, and remove all erosion prevention, containment, and countermeasures BMP's during the life of the contract. 104.6 Contain, cleanup and dispose of unsuitable sediment and rock, debris and water captured by erosion and sediment control measures utilized by the Contractor. 104.7 Pelform other work shown on the Plans or as directed by the Engineer. 1.5 PERMITS 1.5.1 Contractor shall comply with all requirements of the USACE pellliit and the GLO Land Lease (Appendix A) during construction. 1.5.2 Contractor shall maintain a copy of all permits on-site and available for review by any regulatory agency. 1.6 CONTROL OF CONTRACTOR'S OPERATIONS WHICH MAY RESULT IN WATER POLLUTION 1.6.1 Take sufficient precautions to prevent pollution of streams, canals, lakes, and other water impoundments, with fuels, oils, bitumens, calcium chloride, or other harmful materials. Conduct and schedule operations so as to avoid or otherwise minimize pollution or siltation of such streams, etc. and to avoid interference with movement of migratory fish. Do not dump the residue from dust collectors or washers into any water body. 1.6.2 Construction operations in rivers, streams, lakes, canals, and other impoundments shall be resu'icted to those areas where it is necessary to pelform filling or excavation to accomplish the work shown in the Contract Documents and to those al'eas which must be entered to construct temporary or permanent stmctures. As soon as conditions permit, promptly clear canals, streams, and impoundments of all obstructions placed therein or caused by consu'uction operations. 1.6.3 Except as necessary for constmction, do not deposit excavated material in streams, canals, or impoundments, or in a position close enough thereto, to be washed away by high water or runoff. 02269-2 Port Alto Beach and Wetland Restoration and Conservation Project Section 02269 Calhoun County Erosion and Sedimentation Conu'ol Port Lavaca, Texas March 2013 1.604 Do not disturb lands or waters outside the limits of construction, except as may be found necessary to complete the work. 1.7 START OF WORK 1.7.1 Prior to stalting work the Contractor shall, field survey and stake the limits of constmction. 1.7.2 Obtain the County's approval of the field survey. 1.7.3 Install all silt fence along the limits of the wetland area and consu'uction areas as indicated on the Plans. 1.704 Obtain the County's approval of the installed erosion and sedimentation control measures. 1. 7.5 Initiate permitted operations. PART 2: PRODUCTS 2.1 GENERAL 2.1.1 Materials used for the construction of the temporary erosion and sedimentation control measures are not to be incorporated into the completed project and therefore may be new or used materials. 2.1.2 No testing of materials used in construction of temporal'y erosion control features will be required. PART 3: EXECUTION 3.1 GENERAL 3.1.1 Temporary erosion control features shall consist of, but not be limited to, temporal'y sodding, sandbagging, slope drains, sediment basins, artificial coverings, berms, baled hay or straw, floating silt bal'1'iers, staked silt balTiers and staked silt fences. 3.2 INSTALLATION 3.2.1 Temporary Silt Fences and Staked Silt BmTiers: This work shall consist of furnishing, installing, maintaining and removing staked turbidity bal'1'iers in accordance with the manufacturer's directions these specifications consistent with TCEQ Best Management Practices in Appendix D. 02269-3 Port Alto Beach and Wetland Restoration and Conservation Project Section 02269 Calhoun County Erosion and Sedimentation Conu'Ol Port Lavaca, Texas March 2013 3.3 REMOVAL OF TEMPORARY EROSION CONTROL FEATURES 1n general, remove or incorporate into the soil any temporary erosion control featmes existing at the time of construction of the permanent erosion conu'ol features in such a manner that there will be no detrimental effect. Removal of such measures shall not occur prior to receipt of approvals from the County. 304 MAINTENANCE OF EROSION CONTROL FEATURES 3.4.1 General: Provide continuous routine maintenance of temporary erosion control features until the project is completed and accepted. 3.4.2 Contractor is to assume maintenance of and repair of the perimeter silt fence as needed immediately upon mobilization. 3.5 SURFACE WATER MANAGEMENT, STORMW ATER RUNOFF CONTROL AND EROSION CONTROL 3.5.1 The Conu'actor shall be responsible for all runoff control efforts, including without limitation providing protection of areas receiving mnoff, in accordance with any applicable regulations, codes, plans and permits. 3.5.2 The Contractor shall furnish, install and maintain, at no additional cost to the County, all necessary smface protection such as temporary retention basins, silt screens, diapers, jute mesh, filter fabric, hay bales, sod, sandbags, etc., for turbidity control and to prevent erosion and smface degradation. 3.5.3 The Contractor recognizes and agrees that should any of the ponds, lakes, canals or other bodies of water adjacent to the site become contaminated due to the actions or inactions of the Contractor, the costs to flocculate, clean or remedy such contamination by any means neceSSal'y, will be borne by the Contractor. PART 4: MEASUREMENT AND PAYMENT 4.1 MEASUREMENT No separate measurement shall be made for work specified in this section. 4.2 PAYMENT 02269-4 Port Alto Beach and Wetland Restoration and Conservation Project Section 02269 Calhoun County Erosion and Sedimentation Conu'ol Port Lavaca, Texas March 2013 Payment for all work specified in this Section shall be included in the Contractor's Lump Sum Bid Price. END OF SECTION - 02269-5 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02273 Geotextile Fabric March 2013 SECTION 02273: GEOTEXTILE FABRIC PART 1: GENERAL 1.1 DESCRIPTION The work specified under this Section consists of the installation of geotextile filter fabric at the base of the groin and breakwater su'uctures. All costs connected with geotextile fabric will be included in the unit price per cubic yard for "Geotextile Fabric" for the NOlth Jetty, Y-Groin Jetty, SI Breakwater, and S2 Breakwater, respectively - per Bid Items 8a, 9a, Ila, and 12a of the Bid Schedule. 1.2 SUBMITTALS Manufacturer product specifications and celtified laboratory tests for physical properties shall be provided for the proposed geotextile fabric material, and other materials herein specified. Information shall be submitted to Engineer at least 21 calendar days prior to the start of constmction. PART 2: PRODUCTS 2.1 GEOTEXTILE FABRIC The geotextile shall be pervious, non-woven geotextile composed of polypropylene fibers, which are formed into a stable network such that the fibers retain their relative position. The material shall be a geotextile consisting only oflong chain synthetic polymeric fibers or yarns formed into a stable network such that the fibers or yarns retain their position relative to each other during handling, placement, and design service life. At least 95 percent by weight of the material shall be polyolefins or polyesters and shall meet or exceed the requirements of AASHTO M288- 92 Mirafi FW 404 geotexti1e fabric (or engineer-approved equal). The material shall be free from defects or tears. Geotextile material shall be inert to chemicals commonly found in natural water, the soils conditions encountered at the site, and UV stabilized. The edges of the geotextile shall be finished to prevent the outer fiber from pulling away from the geotextile. The geotextile fiber shall contain stabilizers or inhibitors added to the base material if necessary to make filaments resistant to deterioration due to u1u'aviolet and heat exposure. The geotextiIe shall also be free of any treatment or coating which might adversely alter its hydraulic or physical properties after installation. 02273-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02273 Geotextile Fabric March 2013 PART 3: EXECUTION 3.1 The geotextile shall be installed under the groins and breakwater structures on the prepared base as described below and within the limits shown on the Plans. 3.2 Geotextile shall be kept dry and wrapped such that it is protected from the elements during shipping and storage. At no time shall the geotextile be exposed to ultraviolet (sun) light for a period exceeding seven days. The geotextile shall be labeled as per ASTM D-4873. 3.3 The area to receive the geotextile shall be cleared of any debris or obstructions which may damage the geotextile. The geotextile must be placed to cover the footprint shown on the Drawings prior to placement of fill material. 304 The installed geotextile shall have no tears or punctures. 3.5 Should the geotextile be torn or punctured, the damaged area shall be repaired by the Contractor. The repair shall consist of a patch of the same type of geotextile which replaced the ruptured area. All geotextile within 2 feet of the mptured area shall be removed from the geotextile by cutting the geotextile using a method which produces a smooth geotextile edge and does not canse geotextile ripping or tearing. The patch shall be sewn onto the geotextile using a double sewn "Flat" seam, one inch from the edge, Type SSN-2, may be used for the repair. The stitch density shall be six stitches per inch. High strength polypropylene, polyester, or kevlar tln'ead shall be used. 3.6 All non-sewn geotextile fabric panel seams shall be overlapped at a minimum distance of 4 feet. 3.7 The geotextile fabric shall be unrolled and laid smooth without excessive wrinkles. 3.8 The geotextile shall be placed in the manner and at the locations shown on the Plans. The Contractor shall prepare the smface to recei ve the geotextile to insure that the smface is relatively smooth and free of obstructions, depressions, debris, or stone that could damage the geotextile during placement. Installation of the geotextile fabric shall occur when conditions are generally calm (sea state less than 1 foot) to insure protection from inundation of sand and pressure field currents and waves 02273-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02273 Geotextile Fabric March 2013 until the geotextile, bedding stone, and initial layer of armor stone are installed. 3.9 Geotextile shall be temporarily anchored into its final position, using sandbags and other methods that won't rupture the geotextile, prior to the placement of bedding and alllior stone on the geotextile. 3.10 Prior to installation, the geotextile shall be inspected by the Contractor to insure there are no defects, rips, holes, flaws, or damage to the geotextile. The geotextile shall be rejected if it has defects, rips, holes, flaws, deterioration or damage incurred during manufacture, transportation or storage. The geotextile shall be protected at all times during construction to insure that the geotextiles original chemical and physical properties are not changed. 3.11 The work shall be scheduled so that all of the geotextile that is placed is covered with at least a complete layer of the bedding stone by the end of each workday. Failure to comply shall require replacement of geotextile. 3.12 All wrinkles and sags shall be stretched out immediately before stone is placed on the geotexti1e. The geotextile shall be protected from damage during placement of stone. This shall be accomplished by limiting the height of drop to less than 1- foot. The toe of the jetty, groin, and breakwater structures will require the geotextile fabric be wrapped up the side and over the top of the bedding stone materials prior to the installation of the overlying armor stone. Geotextile shall be temporarily secured in position prior to the installation of the mmor stone. PART 4: MEASUREMENT AND PAYMENT 4.1 Measurement: Measurement for payment of Geotextile Fabric and installation as specified in this section will be based on the number of square yards (SY), placed within the lines and grades shown on the drawings. Measmement for payment for Geotextile Fabric shall include the neat lines shown on the Plans without overlaps at seams and joints. 4.2 Payment: Payment for all work specified in this Section shall be included in the Contractor's Lump Sum Bid Price. END OF SECTION - 02273-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02274 Stone Mal'ch 2013 SECTION 02274: STONE PART 1: GENERAL 1.1 DESCRIPTION This section covers stonework required to construct the stone jetty, groins, and breakwaters. Stone will be supplied to the site and installed per the Drawings and as specified. 1.2 SUBMITTALS 1.2.1 The following items shall be submitted to the Engineer for review: 1.2.1.1 Immediately after award of this contract and no later than ten (10) days prior to the Pre-Construction Conference, all pertinent test records (stone quality, testing results, gradation and previous use on coastal structures) from the stone source shall be submitted to the Engineer for review. Such test records will be evaluated to help determine if stones from that source can meet quality standards as hereinafter specified. 1.2.1.2 Description of Jetty, Groin, and Breakwater construction sequencing method. 1.2.1.3 Description of proposed work area isolation method. 1.3 SAMPLING, TESTING, AND ACCEPTANCE OF STONES 1.3.1 General 1.3.1.1 The acceptability of armor and bedding stone will be determined by existing laboratory tests, geologic examination, sampling and laboratory testing, and drop tests. The Contractor shall submit qUalTY test results, as listed in Paragraph 2.3 of this section, from a laboratory that has been validated by the Engineer, in accordance with the tests specified herein and which are representative of the stone to be used on the project. The Contractor shall submit existing laboratory test documentation to the Engineer immediately afterwal'd and no less than ten (I) days prior to the Pre- Consu'uction Conference. When satisfactory test records are not available, the proposed armor stone shall be subjected to all such 02274-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County POlt Lavaca, Texas Section 02274 Stone March 2013 tests as are necessary to determine that the stones are durable and suitable for use in the work. Tests to which the stones may be subjected include specific gravity, absorption, abrasion, accelerated expansion, and such other supplemental tests as may be necessary. 1.3.2. Sampling 1.3.2.1 Should the Contractor's documentation not include previous satisfactory laboratory test results or fail to satisfy the Engineer, samples of all types of stone proposed for use in construction shall be selected in the presence of the Engineer and delivered to the testing lab for testing. These samples shall be delivered to the testing lab within 5 days after receipt of notification of insufficient or unsatisfactory lab tests. Samples of stone shall consist of 5 to 10 pieces with a total weight of not less than 200 pounds with an average weight of 25 pounds per piece for each rock type proposed for use as mmor and bedding stone. No single piece shall weigh more than 100 pounds. The presence of the Engineer during selection of samples of stones will not relieve the Contractor of the responsibility to secure representative samples from the qual'1'Y for testing. 1.3.3. Testing 1.3.3.1. The initial sample will be tested at the Contractor's expense. Sepal'ate tests will be made for each different rock type. All tests will be conducted by an independent laboratory acceptable to the Engineer. In the event any rock type in the sample fails to pass the required tests, subsequent tests for that rock type will also be conducted at the Contractor's expense. The Engineer will be notified of the results of laboratory tests. Satisfactory Contractor documentation of laboratory test results on stone sample will not constitute approval of all rock in the quarry and will not in any way change the Contractor's responsibility for obtaining, developing, and maintaining a satisfactory source of stones. Throughout the duration of this contract, the County or Engineer may sample and test stones delivered to the construction site and proposed for use in the construction. No contract extension will be granted for specified submittal and testing time or because materials fail to meet the specification requirements. 02274-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02274 Stone March 2013 1.304 Failure of Stones 1.304.1 Stones failing to meet the specified requirements or as determined by the Engineer shall be removed from the site at the expense of the Contractor. No materials or stones shall be placed until those materials or stones have been approved for use. Individual stones failing to meet specified requirements, or loads containing more than 10 percent by weight of stones failing to meet specified requirements, will be rejected prior to placement, or shall be removed from the site if placed on the prepmed site. PART 2: PRODUCTS 2.1 STONE SOURCES 2.1.1 The name and location of the stone source the Contractor proposes for supplier of the Products will be submitted to the County at time of bid. The Engineer will evaluate these sources as potential suppliers and determine if they are qualified for consideration under these Specifications. If the primary source is determined to be unqualified, subsequent sources will also be evaluated. Contractor shall select materials from an existing commercial source for which all operating permits have been obtained prior to bid opening. Contractor shall assure himself of availability of an adequate and acceptable material source based on quantity, quality, production rate, and gradation standpoints prior to submitting his bid. 2.2 STONE QUALITY 2.2.1 All rock used for any Product described hereinafter will meet the following requirements: 2.2.1.1 The Product will be clean, dense, hmd, sound, rough, angular, close grained durable naturally occurring rock, free from overburden material that will not slake or deteriorate on exposure to the action of water or atmosphere. The faces of individual stone shall be roughly angular, not rounded in shape. 2.2.1.2 Rock will be free of cracks, joints, honeycomb, faults, flaws, seams or mineral in-fillings, or other defects that would tend to increase its deterioration from the weathering process or result in breakage during normal handling, placing, or service on the jetty, groin, or breakwaters. 02274-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02274 Stone March 2013 2.2.1.3 Each stone shall have sufficiently uniform physical propeliies throughout so that all portions of the stone will meet the specified test requirements. All quarried Products will be cured in the qumry and stockpiled for a minimum of 48 hours after blasting during which time the atmospheric temperature does not drop below 400 F prior to shipment to the site. 2.2.1.4 Products will be produced only from qUalries in areas free of marine basalt flows, reefs, shale, or chert. 2.2.1.5 Each stone shall not have a longest dimension greater than three times its shortest dimension. 2.2.1.6 Any stone containing an inferior rock material portion that does not meet the specified test requirements will be rejected as unsatisfactory. 2.2.1.7 Weak or inferior appeal'ing portions of any non-uniform type stone such as igneous flow breccias, volcanic breccias, scoria cataclastic metamorphics, or irregularly cemented sedimentaries will be subjected to all testing to determine that the stone will not be susceptible to splitting or differential weathering. 2.3 TESTING 2.3.1 Testing will be pelformed as stated in paragraph 1.3. The test results reported by the laboratory will be considered as exact results for unit weight, absorption, abrasion, accelerated expansion, or other necessary supplemental tests, regardless of any permissible variance that may be established by test procedures in determining the acceptability of stone furnished under this contract. Test procedures to be utilized will be as follows: Armor and Beddinl! Stone Requirements Test Required Value Test Method Specific Gravity >2.3 ASTM C127 Water Adsorption <3.0% ASTM C127 Sodium Sulfate <12% loss ASTM C88 Soundness (after 5 cycles) L.A. Abrasion <36% loss ASTM C535 (after 500 revolutions) 02274-4 POli Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02274 Stone March 2013 2.3.2 Tbroughout the duration of the Contract, the County may, at their own expense, sample and test stone delivered to the construction site and proposed for use in the construction, these tests will follow the same procedures outlined in this section. 2.3.3 The Contractor will be notified of the results of the laboratory tests. Satisfactory Contractor documentation of laboratory tests results on stone samples will not constitute approval of all rock in the quarry and will not in any way change the Contractors responsibility for obtaining, developing, and maintaining a satisfactory source and supply of stone. 2.304 Stones failing to meet the specified requirements or as determined by the Engineer to be in non-conformance shall be removed from the project site. 2.3.5 No materials or stones shall be placed until those materials or stones have been reviewed for use in constmction at the delivery or stockpile site by the Engineer. 204 GRADATION: 204.1 The stone shall be uniformly graded and conform to the following size gradation for the in-place condition on the groins and breakwater structures: 204.1.1 Armor Stone Percent Smaller by Stone Weil!ht (lbs.) Weight 850 100 565 50 300 15 Weight Maximum Weight Minimum Minimum Blanket Pounds Weight 50% Pounds Pounds Thickness in Feet 850 565 350 4.0 Ensure that at least 97% of the material by weight is smaller than Weight Maximum pounds. Ensure that at least 50% of the material by weight is greater than Weight 50% pounds. Ensure that at least 85% of the material by weight is greater than Weight Minimum pounds. 02274-5 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02274 Stone March 2013 2.4.1.2 Bedding Stone Percent Smaller by Stone Weight (lbs.) Weight 60 100 30 50 5 15 Standard Sieve Sizes Individual Percentage by Weight Passing 6 inches 100 4 inches 50 to 100 2 inches 15 to 50 1 inch Oto 15 204.1.3 Gradation tests of the stone shall be accomplished at the quarry. Tests by weight shall be made by the Contractor in the presence of the Engineer. The Contractor shall notify the Engineer not less than three working days in advance of each test. A minimum of one test shall be performed for each 5,000 tons of stone. 204.1.4 Specified gradation is for the installed (in-place) condition. Contractor shall consider breakage during material handling, delivery and installation in order to provide the specified in-place stone gradations. 204.2 Physical Requirements of Broken Limestone Use broken stone meeting the following physical requirements: Absorption Maximum 5% (PM 1- T85) Los Angeles Abrasion Maximum loss 45% (PM I-T 096) Soundness (Sodium Sulfate) Maximum loss 12%** (after five cycles) (AASHTO T 104) Flat and elongated pieces Materials with least dimension less than one third of greatest dimension not exceeding 02274-6 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02274 Stone March 2013 10% by weight. Dirt and Fines Materials less than 1/2 inch in maximum dimension accumulated from interledge layers, blasting or handling operations not exceeding 5% by weight. Drop Test***(EM 1110-2-2302) No new cracks developed, or no existing crack widened additional 0.1 inch, or final largest dimension greater than or equal to 90% original largest dimension of dropped piece. 204.3 Source Approval and Project Control The Engineer will approve mineral aggregate sources in accordance with the following: 204.3.1 The Engineer may pelform Independent Verification tests on all materials placed on the project. 204.3.2 The Engineer will check the gradation of the riprap by visual inspection at the project site. Resolve any difference of opinion with the Engineer in accordance with the method provided in FM 5-538. 204.3.3 The Engineer may test components in a blend of stone processed from different geologic formations, members, groups, units, layers or seams. The Engineer may select components based on like color, smface texture, porosity, or hardness. The Engineer will reject any blend if a component that makes up at least five percent by volume of the blend does not meet these specifications. PART 3: EXECUTION 3.1 SITE PREPARATION 3.1.1 All deteriorated structures, debris, and abandoned piling that lie within the template of the groins and breakwaters or interfere with construction shall 02274-7 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02274 Stone Mal'ch 2013 be removed and disposed of. Immediately prior to placing stone, the area to receive the stone will be inspected by the Engineer and no material shall be placed thereon until that area has been approved. 3.2 GENERAL STONE PLACING 3.2.1 Stone shall be delivered to the project site for installation on the groin and breakwater structures by methods that will minimize multiple re-handling of the materials to minimize breakage. Acceptance of stone gradations will be conducted by the engineer based on in-place materials. If excessive breakage occurs so that in-place required gradations are not being provided, the installed stone may be rejected by Engineer which require the Contractor to remove and replace the installed materials. 3.2.2 Stone shall be mechanically placed on the secured geotextile fabric layer and bedding layer (as applicable) in such manner that will produce a well- keyed mass of stone (with maximum level of stone interlocking) shall be constructed to the lines, grades and thickness shown. Stone shall be placed to its full course thickness in one operation and in such manner as to avoid displacing the underlying material. Placing stone through chutes, dropping more than 2 feet (above or below water surface), and other methods which may segregate the various sizes or damage the armor stone or underlying material will not be permitted. The large stones shall be well distributed in the mass of stones. 3.2.3 RealTanging of individual armor stone may be required to the extent necessary to secure the results specified. Any al'ea in the completed maintenance consu'uction which contains objectionable segregation of stone sizes shall be excavated, removed from the site of the work, and replaced with material conforming with these specifications. 3.204 Placing of bedding and armor stone shall be suspended when adverse wave, weather, and tidal conditions will not allow proper placement. 3.2.5 Stone shall be placed within the limits shown on the Plans. All stone shall be placed by clamshell bucket, stone grab, or by some other method approved by the Engineer that will not drop or cast the stone, but will release the stone in such a manner that they will be properly interlocked with the underlying or adjacent stones to resist displacement by wave action and provide a uniform and compact section. Stones shall be firmly set and well supported by underlying or adjacent stones to resist displacement by wave action and provide a uniform and compact section. 02274-8 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02274 Stone March 2013 3.2.6 The Conu'actor shall place the stone on the jetty, groin, and breakwater structures using methods, techniques, and equipment that will produce a tight fitting mass of stone. 3.2.7 Armor Stone shall be installed using "Selected Placement" method. This method requires the careful selection and mechanical placement of individual armor stones to achieve a high degree of interlocking and stability between adjacent stones. 1ndividual stones shall be selected for placement on the structure and repositioned as necessary to produce a tight fitting and interlocked structure. 3.2.8 Stone shall be constructed, within the specified tolerance, to the lines and grades shown on the Plans. The Contractor will not be paid for stone placed outside the allowable tolerance. The Contractor shall relocate the unsatisfactorily placed stone within the specified limits for payment or the weight of the stone so misplaced will be estimated by the Engineer and the payment deductions shall be determined from this estimate and the bid unit price of the stone. 3.2.9 The lal'gest allliOr stones shall be well distributed and the entire mass of armor stones in their final position shall be graded to conform to the gradation specified in paragraph 204 above. The finished armor stone shall be free from objectionable pockets of small stones and clusters of larger stones. 3.2.10 Placing stone by dumping it at the top ofthe slope and pushing it down the slope will not be permitted. The desired disu'ibution ofthe various sizes of stones throughout the mass shall be obtained by selective loading of the material at the quarry 01' other source, by conu'olled dumping of successi ve loads during final placing, or by other methods of placement that will produce the specified results. 3.2.11 Rearranging of individual armor stones by mechanical equipment may be required to the extent necessary to obtain a reasonably well-graded distribution of armor stone sizes as specified above. 3.2.12 The Contractor shall maintain the stone until accepted by the Engineer and any material displaced prior to acceptance and due to the Contractor's negligence shall be replaced at his own expense and to the lines and grades shown on the Plans. 3.2.13 Smaller armor stone shall be utilized to "chink" the voids of the structme. 02274-9 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02274 Stone March 2013 3.2.14 Placement of stone shall start at the toe of the structure and progress up the slope, diagonally across the face of the structure. Placing of stone by methods that will likely cause segregation of various sizes will not be permitted. 3.2.15 Placing of armor stone shall insure that the stones are firmly set and supported by underlying materials and adjacent stones. Stones shall be placed such that at least three sides of the placed stone are in contact with the adjacent in-place stones. Loose and unstable stones shall be reset by picking the stone up off the slope and twisting and rolling it back into its required position or be replaced with a different stone to ensure sufficient stability. 3.2.16 Placement of stone shall be suspended when adverse wave and weather conditions will not allow proper installation of the stone materials. 3.3 TOLERANCES 3.3.1 Vertical 3.3.1.1 A tolerance of plus 6 inches or minus 6 inches from the surface plane of the al'ffior layer shown will be allowed for armor stone. A tolerance of plus 3 inches or minus 3 inches from the smface plane of the bedding layer shown will be allowed for bedding stone. Either extreme of such tolerance shall not be continuous over an area greater than 200 squal'e feet. The tolerance limit will be determined on the basis of the average surface elevation within 10 square feet. The mllior stone surface shall be shaped with plating equipment of bucketing in order to achieve a uniform smface with no stones protruding more than 6-inches from the average surface area. 3.3.2 Horizontal 3.3.2.1 The horizontal location tolerance of the revetment and jetty, as measured along the top of the revetment and jetty and defined by work points will be +/- 6 inches. PART 4: MEASUREMENT AND PAYMENT 4.1 Measurement: Measurement for payment of Rock and installation as specified in this section will be based on calculated survey volumes, placed within the lines and grades shown on the drawings. Quantities delivered to the site by truck or barge will be documented, but not used for 02274-10 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02274 Stone Mal'ch 2013 measurement and oavment. All surveys and associated costs to document quantities shall be paid for at the Conl1'actor's expense. 4.2 Payment: Payment for all work specified in this Section shall be included in the Contractor's Lump Sum Bid Price. END OF SECTION - 02274-11 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02279 Beach Quality Sand March 2013 SECTION 02279: BEACH OUALITY SAND PART 1: GENERAL 1.1 Beach quality sand from an upland source will placed in the project area as shown on the Plans. All costs connected with debris removal, excavating, processing, furnishing, transporting, and constructing the beach fill shall be included in the contract unit price per ton for "Beach Fill" - per Bid Item 7 of the Bid Schedule. 1.2 The Contractor shall consider the cost of fuel for all Work to be completed under the line items in the Bid Schedule. Adjustments to the contract price will not be considered for changes in fuel prices. The Contractor shall bid accordingly. 1.3 The beach is subject to changes and the elevations on the beach at the time the work is done may vary from the elevations shown on the Plans. This fact should be taken into consideration by the Contractor. The Contractor is to place the fill on the beach in such a manner as to establish a uniform beach between adjacent pay profile lines. Segments of beach located between pay profiles will not be under filled. The Engineer reserves the right to Val'y the width or grade of the berm from the lines and grades shown on the Plans or observed at the Project site in order to establish a uniform beach between adjacent pay profile lines or for the entire length of the Project. The fill templates shown on the Plans are for the purpose of estimating the amount of fill needed and will be used by the Engineer in making any change in the lines and grades. PART 2: MATERIALS 2.1 The Contractor shall (a) excavate, process as needed, and provide suitable sand fill material from an acceptable upland source or multiple acceptable sand sources, and (b) transport fill from the upland mine to deliver fill to the Project Area - shown on the Drawings. No overflow or spillage of fill shall be permitted during transport from the borrow area to the Project Area. Allu'ucks shall be covered in order to prevent spillage. If the Contractor fails to prevent spillage during transport, the Contractor shall suspend transport operations and promptly repair equipment or change operations so as to prevent spillage prior to resumption of transport operations. 02279-1 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02279 Beach Quality Sand March 2013 The Contractor shall supply beach compatible sand, which must comply with the following gradation limits: Sieve Size % Retained 3/8" 0 #4 2 #8 16 #16 28 #30 42 #50 82 #100 98 #200 99 Note that sand may be obtained from Fordyce Holdings, INC., the Murphy plant in Nursury, TX. Contact is Matt Champion at (361) 573-4309. However, the Contractor is encouraged to investigate other potential upland sand sources. 2.2 It is the responsibility of the Contractor to supply beach quality sand consistent with the gradation limits identified in Section 2.1 above. The County reserves the right to obtain samples any time during consu'uction of the project for testing. In the event that unsuitable material is detected as part of these procedures, the Contractor will immediately stop providing such material and shall be responsible for ceasing and modification of mining operations - consistent with these Specifications. PART 3: EXECUTION 3.1 Sand shall be trucked from an upland source and spread by construction equipment. 3.2 The Contractor shall place and grade sand fill to meet the lines and grades shown on the Plans unless as may otherwise accepted by the Engineer via a Change Order or Field Directive. The Contractor is to place the fill on the beach in such a manner as to establish a uniform beach between adjacent profile lines. Segments of beach located between profiles will not be under filled, as defined in the "Field Engineering and Surveying" Section of these Technical Specifications. 02279-2 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas Section 02279 Beach Quality Sand March 2013 3.3 Prior to placement of fill, the Contractor shall remove from the site of the work all snags, driftwood, and similar debris lying within the foundation limits of the beach fill section. All materials removed shall be disposed of in an appropriate and legal manner and at the expense of the Conu'actor. Grading and other construction equipment will not be permitted outside the construction limits except for ingress or egress to and from the site 304 The Contractor shall maintain and protect the fill in a satisfactory condition at all times until final completion and acceptance of the work. Contractor will receive no payment for any fill sand which is not (a) contained within the limits of the fill al'ea shown in the Plans and (b) contiguous to the fill template and above the pre-construction profile. 3.5 Unless otherwise accepted by the Engineer, fill placement must be within a vertical tolerance of one-half foot above or below the fill template (:!:0.5'). Prior to acceptance of a section, fill must be placed to at least within the 0.5 foot tolerance below the template, unless otherwise accepted by the Engineer. Any material placed more than 0.5 feet above the template may be left in place at the discretion of the Engineer; however, this material will not be included in the pay quantities. Pavment will be authorized onlv for sand placement (a) within the fill template plus tolerances (:!:0.5') as described in these Specifications. The County or Engineer will be authorized to require the Conu'actor to refill any deficient section of beach to at least meet the template within the vertical tolerances. The County will withhold payment for those sections of beach (segments between pay profiles) which does not meet the minimum fill requirement until the appropriate fill placement, grading, and dressing have been completed by the Conu'actor. 3.6 The fill shall be graded and dressed so as to eliminate any pockets, ridges, and depressions in the beach fill smfaces. The Contractor is. to grade and dress the fill on the beach in such a manner as to establish a unifonn berm width and slope between adjacent pay profile lines. The Contractor is responsible to grade down any and all beach scarps or sand cliffs in the entire restored beach until the Contractor has demobilized from the Project site. The Project site will not be considered complete, and the Conu'actor eligible for final payment until all beach scarps/sand cliffs in the entire Project al'ea al'e graded. 3.7 If any material is deposited other than in places designated by the Plans, or otherwise accepted, the Contractor may be required to remove such misplaced material and redeposit it where directed by the Engineer or County, at the Contractor's expense. 02279-3 Port Alto Beach and Wetland Restoration and Conservation Project Calhoun County Port Lavaca, Texas PART 4: MEASUREMENT AND PAYMENT Section 02279 Beach Quality Sand March 2013 4.1 The Contractor shall receive payments for Sand Fill based upon the cubic yards of beach fill material placed and surveyed as specified in the following sections. The Contractor shall not receive payment based on "weight tickets"; however, upon request of the Engineer, the Contractor must provide such weight tickets or similal' load infOlmation for Quality Assurance purposes. 4.2 Measurement: Measurement for payment of sand and installation as specified in this section will be based on calculated survey volumes, placed within the lines and grades shown on the Drawings. Quantities delivered to the site by truck or barge will be documented but not used for measurement and payment. All surveys and associated costs to document quantities shall be paid for at the Contractor's expense. Surveys will be conducted by a Professional Surveyor-Mapper in the State of Texas who will certify all survey work with signature and seal. Surveys shall be conducted at each half-station (50-foot spacing) along the "Baseline Alignment" as reflected in the Plans. The Contractor's fill placement will be surveyed and evaluated for substantial compliance with the Plans and these Specifications. The Contractor accepts and acknowledges that no discussion, arbitration, negotiation, or any other legal procedures will be employed by the Contractor or any of his agents in an attempt to force consideration of any other sections and/or profiles for payment purposes other than those identified in the Plans. The Engineer shall have final decision regarding any and all issues related to evaluation of pay profiles and determination of pay volumes. Tolerances in the placement of fill quantltles as provided in these Specifications are to accommodate construction inaccuracies and variability, but shall not be used to increase the pay volume above that prescribed on the Bid Schedule. 4.3 Payment: Payment for all work specified in this Section will be based upon surveys as described in the Contractor's Lump Sum Bid Price. END OF SECTION - 02279-4 APPENDIX A: USACE PERMIT & GLO LAND LEASE REPLY TO AnnffiON' OF: DEPARTMENT OF THE ARMY GALVESTON DISTRICT, CORPS OF ENGINEERS P. O. BOX 1229 GALVESTON TX 77553-1229 March 5, 2013 Evaluation Section SUBJECT: Pennit Application - SWG-2012-00493 Neil Fritsch, Commissioner Calhoun County 24637 Stale Highway 172 Port Lavaca, Texas 77979 Dear Commissioner Fritsch: The above numbered permit has been approved and a signed copy is enclosed for your retention. In addition, also enclosed are ENG Form 4336 and a copy of "Notice to Permittee" which provides important infonnation for pennit administration. You should notify the District Engineer, in writing, upon completion ofthe authorized work. Sincerely, Kristi N. McMillan Leader, Central Evaluation Unit Enclosures Copies Furnished: Commander (oan), Eighth Coast Guard District, Hale Boggs Federal Building, 501 Magazine Street, New Orleans, Louisiana 70130-3396 Director, National Ocean Service, Coast & Geo. Sur., Mapping & Charting Branch, Source Data Unit, Attn: N/CG221I, Station 7317, SSMC3, 1315 East-West Highway, Silver Spring, Maryland 20910-3233 United States Army Corps of Engineers 05 N\o,f 20 \ 3 A permit to -\11",,-,," \.If.?/~g1.4 c..,\.:.. 1o.'~s at ~;\\ tI\.,."''':'''\ if\"'(Q~<"c.,,"'-~~ at C.C)lU-''1 to.:w\ ~Ol, ik Por-~ n,",o, Co.\hou."'(ClUf\''f,\ex.Q~' has been issued to Loj ~Ohy\ Lnv./'\\-'1 on ~20 11..- Address of Permittee~4(.,3" S~c. \-\~~I~'l n~/~\.a"o.~1~. '1fl)<<;' /l HZ_ Permit Number ~f ~l';~\; N. Wi\d'f\j\\tA/\ r;: I '-0\' Cht\l\-ol'~t U)..s~\\e:lQ p UJEr..:10\)-oo4q3 Dlstrlot Commander ENG FORM 4336 Ju18! lEA' 145-1"30>/ EOITION OF JULIO MAY BE USEO lPropon.nl DASH. CWDI NOTICE TO PERMI1TEES Department of the Army Permits for Work in Navigable Waters require attention to administration and policics which are often miS\U1derstood or disregarded. To avoid possiblc misintcrpretations and to expedite procedures, penuit post-authorization requirements and pertinent information are outlined as follows: I. Permits remain in effect until revoked, relinquished, or the structures are removed. An extcnsion of time for completion of structures or work may be granted provided that a public noticc is issued and that evidence is furnished of the bona fidc intention of the permittee to complcte thc work within a reasonable time. If work or structures are not completed within the time provided in the permit, it is the permittee's res1?onsibility to request an extension of time at least 4 months before the expiration date. 2. Maintenance of authorized completed structures may be done at any time without extending the completion period. It is, however, rcquired that the District Commander be notified prior to commencement of maintenance. 3. SPECIAL REGULATIONS GOVERN MAINTENANCE WORK INVOLVING DREDGING OR FILL. This maintenance is not authorized by the original pcnnit and specific prior approval is requircd before such work is commenced in navigable waters. Your request for authorization should be submitted in time for public notice requirements and coordination with other agencies. 4. If ownership of structures or work covered by a permit is transfcrred, the District Commander must be notified immediately. The notification will provide information so that permit responsibilitics can be changed to the new owner or assignee. 5. Permittees arc reminded that the Area Engineer must be notificd as soon as possiblc of the time for commenccment of construction or work, and immediately upon completion. If pipelines across Federal project channels are covered by the permit, thc Area Engineer should be informed of the date the pipelines are to be placed in time for him to arrange for an inspector to be present. 6. All material changes in location or plans must bc submittcd promptly to the District Commander for approval beforc construction is bcgun. 7. Pcrmits should not be considered as an approval of design featurcs of any structure authorized or all implication that such structure is adequate for the purpose intended. DISTRICT COMMANDER GALVESTON DISTRICT CORPS OF ENGINEERS SWG FL 279 24 April 85 DEPARTMENT OF THE ARMY PERMIT Peuniuee Calhoun County Pennit No. SWG-2012-00493 Issuing Office Galveston District NOTE: The ternl "youll and its derivatives, as used in this permit, means the permittee or any future transferee. The ternl "this officel1 refers to the appropriate district or division oflice of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate otlicial of that oflice acting under the authority of the commanding ofticcr. You are authorized to penom1 work in accordance with the terms llnd conditions spe<:ificd below. Project Description: To place 46.384 cubic yards. of fill material below the high tide line (HTL), into approximately 2.lS acres of Carancahua Bay. during the const1l1ction of a shoreline restoration project. ll1is project will consist of placing 40,000 cubic yards of clean sand from Fordyce Materials, Murphy Plant in Nursery, Texas, 2,659 cubic yards of rock for a groin. and 3,725 cubic yards ofrocklriprap for a breakwater into Carancahua Bay. The project will be conducted in 3CCQrdance with the attached plans, in 9 sheets. Project Location: In Carancahu3 Bay, along a 1.750~lil1ear-foot section of Port Alto. Beach. at County Road 307. in Port Alto. Calhoun County, Texas. Pennit Conditions: General Conditions: I. The time limit for compleliog the work authorized ends on 31 Decemher 2018 . ICyou find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2, You must maintain the activity authorized by this permit in good condition and in confonllance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the pemliltcd activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below, Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer. you must obtain a modification of this pennit from this office, which may require restoration of lhe area, 3. If you discover nny previously unknown historic or archeological remains while accomplishing the activity authorized by this pennit, you Inust immediately notifY this office of what you have found. We will initiate the Federal and state coordination required to detenninc if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENG FORl\117Z1. Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CPR 325 (Appendix A)) 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the pennit to this office to validate the transfer of this authorization. 5. If a conditioned water {luality certification has. been issued for your project, you must comply with the conditions specified in the ce~ification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any til11e deemed n<<:C$sary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: The pennittee understands and agrees that, if fuhlre operations by the United States require the removal, relocation, or olher alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary or the AnllY or his authorized representative, said structure or work shall cause unreasonable obstruction (0 the free navigation of the navigable waters. the permittee will be required. upon due notice from the Corps of Engineers. to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. Further Information: I. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.c. 403). (X) Section 404 of the Clean Water Act (33 U.S.c. 1344). ( ) Section 103 of the Marine Protection. Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations re{Juircd by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. TIlis pennit docs not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit. the Federal GOVCnlment does not assume any liability for the following: n. Damages to the permitted project or uses thercofas a result of other permitted or unpennittcd activities or from nahlral causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property. or to other permitted or unpcnnitted activities or structures caused by the activity authorized by this pennit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification. suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The dctcnnination of this office that issuance of this pemlit is not contrary to the public interest was made in reliance on the information you provided. 2 S. Reevaluation of PCl1llit Decision. 1llb oflicemayrccvaluatc its decision on this pcmlit at any time the circumstances warrant. Circumstances thllt could require tl rc~valuationil1c1udc, but are not limited to, the following: 8_ You fail to comply with the 1ermsand condilions of this pcmlit. b. TIJP': infonnntioll provided by you in support of your pennlt application proves to h,wc been false1 incomplete, or inllCCUrtlte (See 4 above). c. Significant new infom13lion surfaces which this office did not consider in reaching the original public interest decision. Such a rccvaluatkn may result in 0 dClennination that il is appropriale (0 use the suspension, modification, und revocation procedures contained in 33 CFR 325,7 or enforcement procedure.s such as those conta.ined in 33 CFR 326.4 and 326.5. The referenced enforcement proce-dures provide for the issuance of an f1dministralive order requiring you to comply with the tenus and condiUofls or your perlllil1'lnd for Ihe initialionoflcgal action where appropriate. You will be required to pay for any corrective measures ordered by Ihis otlicc, and jf you fail to comply wilh such directive, this office may in certain situations (such as those specified ill 33 eFR 209.l70) accomplish the corrective meas.ures by contract or otherwise and bill you for the cost 6. Extensions. General Condi\ioll I establishes a time limit for the completion of the activity authorized by this penull. Unless there arc circumstances requiring eith~r a prompt completion of the a,uthorized activity or a reevaluation oflhe public.interest dcc.isiotl} me Corps \Viii normally give favorable considerution to a request for an extension ofthis time limit. Your signature below, a~ pcnnittec, indicates that you accept and agree 10 comply with the tenuS and conditions Oflhispcnnit. nt~ fYI, dv/3 (DATE) This penuit becomes clTcctive when Lhe Fooeral official. designated to ael for the Secretary of the Army, has signed below. -1;/ I rj - 'r - ../). ' /1':,-"(: ,I. /J)'- ',/));t5 L.-.. (DlSTRlCT ENGINEER) KRISTI N. MCMILLAN LEADER, CENTRAL EVALUATION UNIT FOR COLONtL CHlUSTOpllER W. SAUESt < /)711..", /, ,], )1', (DATE) When the structures or work authorized by this permit are slill in ex.islence at thetitne the property is transferred, the terms nnd conditions of this~mlit will continue to be binding on the ne",1 owner(s} of (he property. To validate lhelrnnsfer of Ihis penult and the associatt:d liabilitie... associated with compliance with ils lenns and conditions, have the transferee sign and: date below. (TRANSFEREE - 'f'.:vpedIPrillled Name) (DelrE) (TRANSFEREE -Signalllre) (MaW/Ig Address) 3 l'I'K,dllll'lI SWG 2012 00493, Port Alto Beach Project Site Port Alto Beach Nourishment Calhoun County SWG-2012-00493 10f9 Sand Source Fordyce Materials Murphy Plant Nursery, Texas ii " POrt A Ito Beach Nourishment Calhoun County 3WO.2012-00493 2of9 PLH i lij ",,;\3,_ Port Alto Beach Site Map, SWG 201200493 POrt Alto Beach Nourishment Calhoun County SWG-20 12-00493 3 of 9 o :;::;,~~,~~,~ -i --f"- ",U, '-,' ,", >?,:' ",' " , 8 i~ ~! .~ ~~ ~~ Ii i~ ~. 'e II dl , w . ~ . . <~ ~o " , . '"", 6000"'4~ .-.-.--....--.. ..-........ .--.-......- "!==--;:::.-;:_.~'= .:::=,::..~;=-.."=:.:::-:...~ .------_..---~-_.., -...--..-- ..-..'.. .._""'::"'..::.::.....:-.;'.-::.... ..:::::.= ..----...~._- ..- ......-.. .-......--.-- -.--..,-....-.- ..- .. ...,,_.. __'W._'" ""'llIl NOllV,waSNOO ONV NOUVHOlnll ONY'UJM Howe 0J,.1V.1t104 taUlQ. ;TfAYl.\lGll Ul M'l11.i.Y.l9Uti~ d"," J.Oll:roUd A.llNl:J,^ , ~ E. 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M ~~ i jid 8 )!~b.s :l ~il~ u ~\l.~ ~ ~l~U z..'iilo... . . . _..... -~ ---"= " Port Alto Beach Wetland Restoration and Conservation SWG - 2012 - 00493 Stockpile Material This project will beneficially use dredged material. A public boat access channel was dredged for residential use. The placement area for this dredged material is located on site (Figure 1) and the material will be utilized to reinforce the existing berm to protect the wetlands from saitwater intrusion. All stockpiled material will be placed above the high tide line at +1.1 NAVD 88. Figu re 1 An assessment of the stockpile was conducted. five hand auger cores to 4-5 feet below the surface as well as four surface sampies were collected and a visual classification was conducted by a Professional Geologist. The stockpile material consists of approximately 1,700 to 2,000 cyds. The stockpile is generally homogeneous and consists of native in-situ material. Non-native materials were not Port Alto Beuch Nouri$hmenl Cnlhoun County SWG-2012.00493 8of9 encountered. The material consists of a silty sandy clay with clay content varying from approximately 60-80%. From experience with utilization of similar materials for beneficial usage, this material will successfully stabilize and add elevation to the existing berm bordering the wetland area. In additl<m, BMP will be deployed to ensure stockpiled material does not enter the wetland area. Matthew Mahoney P.G. Atkins Coastal Planning and Restoration Group 6504 Bridge Point Parkway Austin, Texas 78730 (512) 327-6840 PorI Alto Beach Nourlshinelll CaH-lOlIll County SWG-2012"0049J 9 nf9 A licant: Calhoun Count Attached is; X INITIAL PROFFERED PERMIT Standard Petmit or Letter of ennission PROFFERED PERMIT Standard Permit or Letter of ennission) PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION Date: 02/27/2013 See Section below A B C D E A: INITIAL PROFFERED PERMIT: You may accept or object to the pemlit. . ACCEPT: If YOll received a Standard Pemtl',. you may sign the pennil document and return it to the district engineer for final authorization. If you received a Leiter of Pennission (LOP), you may accept the t.OP and your work is authorized. Your signature on the Standard Penn it or acceptance of the LOP means that YOll accept the pcnnit in its entirelYi and waive all rights to appeal the pennilJ including its tenns and conditions, and approvedjurisdiclional dctcmlinations associated with the pennil. . OBJECT: If you object to the pennit (Standard or LOP) because of certain tenns and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this lonn and return the fonnlo the district engineer. Your objections must be received by the district engineer within 60 days of the date of this nOlice, or you will forfeit your right to appeal the pennit in the future. Upon receipt nf your leller, the district engilleer will evaluate your objections and may: (a) modify the penuit to address all of your concerns, (b) modify the pennit to address some of your objections, or (c) not modify the pennit having deterntined that the pernlit should be issued as previously wrillen. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideralion, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit . ACCEPT: If you received a Standard Permit, you may sign the pernlit document and retum it to lhe district engineer for final authorization. If you received a LetterofPennission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Pennitor acceptance of the LOP means thai you aecepl the pennit in its entirely, and waive aU rights to appeal the pennit, including it$ temlS and conditions, and approved jurisdictional detenninations associated with the pennie . APPEAL: If you cheose 10 deeliAe lhe preffered pernlit (Standard or LOP) because of certain tenns and conditions therein, you may appeal the declined pennit under the Corps of Engineers Administralive Appeat Precess by completing Section II of this form and sending the fonn to the division engineer. This form must be received by the division engineer within 60 days of the dale of this notice, C: PERMIT DENIAL: You mayappeal tile denial era perntil under the Corps of Engineers Administralive Appeal Process by compleling Section II of this fonn and sending the fonn 10 the divisi(>n engineer. Tltis form must be received by Ihe division engiqeer within 60 days of the date oflhis notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. . ACCEPT: You do not need to nolify lhe Corps 10 accept an approved JD. failure to notify the Corps wilhin 60 days of the date oftltis notice, meMS Olat you accept the approved JD in its entirelY, and waive all rights to appeal the approved JD. . APPEAL: If you disagree with the approved JD. you may appeal the approved JD under the Corps of Engineers Administralive Appeat Process by eompleling Section II ()fthis fonn and sending the fonn to lhe division engineer. This fonn ~lUSI be received by lhe division engineer within 60 days of Ihe date of lhis notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the prelitllinalY JD. The Preliminmy JD is llot appealable. If you wish, you may request an approved JD (which may be appealed), by contacting thc Corps district for further instruction. Also YOll may provide new information for further consideration by the Corps to reevaluate the JD. j)J:!~~l~N\tlli,:;ftm il!1B.stil~J\l'~~ili;'t)Bm:GJrH;)1ilft~~A'N"!lNITJA:u:JiltOFF~J:fER.Ml'f . .. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered pennit in clear concise statemenlS. You may allach additional infonnation to this fonn to clarify where your reasonS or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandu", for the record of the appeal conference or meeting, and any supplemental infonnation that tbe review officer has detennincd is needed to clarify the administrative record. Neither the appellant nOr the Corps may add neW intonnation or analyses to the record. However, au ma rovide additionat inform.tion to clari the location of information that is alre.d in the administrative record. If you only have questions regarding .the appeal process you may also contact: Mr. Elliott Cannan Administrative Appe.ls Review Officer (CESWD-PDO) U.S. Anny Corps of Engineers 1100 Commerce Street, Suite 831 Dallas, Texas 75242 469-487-7061 hone RIGHT OF ENTRY: Your signature belo\v grants the right of entry to CorpS of Engineers personnel, and .ny government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the 0 portul1ity to participate in aU sile investigations. Date: Telephone number: Si The State of Texas Austin, Texas RENEWAL OF COASTAL LEASE NO. CL20040001 STATE OF TEXAS {) !l !l KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN This Coastal Lease No. CL20040001 (the "Agreement") is issued by vhtue of the authority granted in Chapter 33,Texas Natural Resources Code and Title 31, Texas Admhlistrative Code Chapter 155 and all amendments thereto, and all other applicable statutes and rules, as the same may be promulgated and/or amended from time to time. ARTICLE I. PARTIES 1.01. In consideration of the mutual covenants and agreements set forth herein, the STATE OF TEXAS, acting by and through the School Land Board and its Chairman, the Commissioner of the General Land Office (the "State"), hereby anthorizes Calhoun County - Precinct 3 (the "Grantee") whose address is 24627 State Hwy. 172, POIt Lavaca, TX 77979-6032 to use the "Premises" (defined below) for the purposes identified in Article V below. ARTICLE n. PREMISES 2.01. The coastal public land Grantee may use is described as follows: A portion of State Tract Number 222, Carancahua Bay, Calhoun County, Texas (the . "Premises"). The Premises are fUlther described and depicted on Exhibits A, B, and C, attached hereto and incorporated herein by reference. 2.02. Grantee acknowledges and agrees that when any authorized improvements are placed on the Premises, the location of such improvements shall thereby beconie fixed at such location and shall not be changed except by a written amcndment to this Agreement. 2.03. GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITlON OF TIlE PREMISES AND ACCEPTS TIlE SAME "AS IS", IN ITS EXISTlNG PHYSICAL AND TOPOGRAPHIC CONDITION. THE STATE DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILlTY, MERCHANTABILlTY, SUlTABlLlTY, FlTNESS FOR ANY PURPOSE, AND ANY OTIIER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND GRANTEE HEREBY ACKNOWLEDGE AND AGREE THAT USE OF TIlE TERM "GRANT" IN NO WAY IMPLIES THAT THIS AGREEMENT IS FREE OF LIENS, ENCUMBRANCES AND/OR PRIOR RIGHTS. NOTICE IS HEREBY GIVEN TO GRANTEE THAT ANY PRIOR GRANT AND/OR ENCUMBRANCE MAYBE OF RECORD AND GRANTEE IS ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NORTH CONGRESS AVENUE, AUSTlN, TEXAS 78701-1495, AND ALL RECORDS OF THE COUNTY IN WHICH THE PREMISES ARE LOCATED. GRANTEE IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF THE STATE REGARDING ANY ASPECT OF THE PREMISES, BUT IS RELYING ON GRANTEE'S OWN INSPECTlON OF THE PREMISES. contract 01 renew,doc v.1.0 CL20040001 jcrow ARTICLE III. TERM 3.01. This Agreement is for a period of five (5) years, beginning on Apl'ill, 2009, and ending on March 31, 2014, unless renewcd 01' terminated as pl'Ovided herein. ARTICLE N. CONSIDERATION AND TAXES 4.0 I. A. As consideration (the "Consideration") for the right to use the Premises, Grantee agrees to pay the State the sum of'I\venty-five Alld 001100 Dollars ($25.00) as an application fee. No other consideration is required. 4.02. In addition to the above, Grantee shall pay and discharge any and all taxes, general and special assessments, and other charges which dul'ing the term of this Agreement may be levied on or assessed against the Premises or any improvements constructed or installed thereon (the "Taxes"). Grantee shall pay such Taxes at least five (5) days prior to the datc of delinquency directly to the authority, official or entity charged with collection. Grantee may, in good faith and at its sole cost and expense, contest any Tax and shall be obligatcd to pay the contested amount only if and when finally detcrmined to be owed. ARTICLE V. USE OF THE PREMISES 5.01. A. III connection with Grantee's use of the Premises, Grantee may construct and/or maintain the following improvements: a public park including aI' x 39' wooden groin encnmbel'ing 39 square feet; and foul' (4) l' xl' pilings and an 8' x 225' section of concrete rubble rip-rap encumbel'ing 1,804 square feet, for a total project encumbrance of 1,843 square fect, as depicted on Exhibit B attached hereto and incorporated herein by refcrence (the "Improvements"). Grantee shall not use the Premises for any other purpose without pl'ior wl'itten consent from the State, which consent -may be granted or withheld in the State's sole discretion. Grantee is specifiCally prohibited from using or permitting the use of the Premises for any commercial 01' illegal purpose. Provided the State does not unreasonably inteIferc with Grantee's use of the Premises, the State may use 01' permit the use of the Premises for any purpose consistent with Grantee's use ofthe Premises. B. Grantee shall comply, and cause its officers, employees, agents, representatives, contractors and invitees to comply, with applicable laws, ordinances, rules and regulations of all goveming authorities with jurisdiction over the Premises. Grantee is specifically notifwd of its need to comply with laws and regulations enacted for the pUl'pose of protecting and preserving public lands and waters. C. Grantee shall permit the State's agents, representatives, and employees to enter into and on the leased premises at all reasonable times for the pUl'pose of inspcction and any other reasonable purpose necessaty to protect the State's interest in the leased Premises. D. Grantee may not charge any holder of a valid mineral leasc or other grant of interest from the State for surface damages for the use of thc leased Premises. All such damage payments shall be made directly to the State. Grantee, however, may seek compensation for damages to personal property in an action against the holde,' of a valid mineral lease or other grant-of-interest issued by the Statc. This damage limitation in no way limits the liability of third pal'ties in an action at law for damages inflicted upon Grantee by acts of negligence. E. Except as otherwise provided herein, Grantee shall have the right to file a cl'iminal complaint 01' institute civil proccedings to protect Grantee's right of possession and leasehold interest in the leased Premises. F. Grantee shall use the highest degree of care and all appropriate safeguards to prevent pollution of air, ground and water in and around the Premises, and to protcct and preserve natural resources and wildlife habitat. In the event of pollution of 01' damage to natural resources in 01' around the Premises which is the result of an act or omission of Grantce, its officers, employees, agents, representatives, contractors, and/or invitees, G,'antee shall immediately notifY the State and undertake all required and appropriate action to remedy the same. Grantee shall be liable for all damages and/or mitigation to the Premises and public lands and waters as 'a result of such act 01' omission. CL20040001 jerow 2 contruct cl rencw.doc v.l.O G. GRANTEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966, (pll-89-66, 80 STATUTE 915; ~470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ANN. AND ALL AMENDMENTS THERETO. IN THE EVENT THAT ANY SITE, OllJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCA TlONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED llY THIS AGREEMENT, GRANTEE WILL IMMEDIATELY CEASE SUCH ACTIVITlES AND WILL IMMEDIATELY NOTIFY THE STATE AND THE TEXAS HlSTORlCAL COMMISSlON, P.O. BOX 12276, AUSTIN, TEXAS 78711, SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. 5.02. A. Grantee's use of the Premises is subject to compliance with thc following covcnants, obligations and conditions (the "Special Conditions"): 1. Any un-natural build up of sediment resulting from the activities authorized by this contract, as determined by the GLO, will be considered propeJty of the State of Texas. Grantce waives any right to claim ownership of any land resulting fi'om such accretion. 2. Grantee must notifY the General Land Office, in writing, at least thirty (30) days prior to modification, rebuilding, major repair, 01' removal of any structure authorized in this instrument. B. Prior to undertaking construction 01' installation of Improvcments on the Premises, Grantee shall provide written notice of the terms of this Agreement, including the Special Conditions, to each person 01' entity authorized by Grantee to perform any such activity on its behalf. Grantee shall retain a copy of each such written notice provided to its agents, representatives, employees, and/or contractors under this provision and, if a dispute arises concerning constl'llction or installation of the Improvements, Grantee shall provide the State with a copy of all applicable notices within ten (10) days of the State's writtcn request. Grantee's failure to maintain and provide each required writteIl noticc shall constitute a default under this Agreemcnt. 5.03. If Grantee fails to maintain and/or repair Improvements in good condition and repair, such failure shall . constitute a dcfault under this Agreement and the State may, at its option, terminate this Agreement upon written notice to Grantee 01' pursue a remedy under Section 51.3021, Texas Natural Resources Code and all amendments thereto. If Grantee constructs improvements other than thosc authorized in Atticle V, such improvements shall constitute illegal structures and the State may, at its option, terminatc this Agreement 01' pursue a remedy under Section 51.302 Texas Administrative Codc and all amcndments thereto. ART1CLE VI. ASSIGNMENTS AND SUBLEASES 6.01. GRANTEE SHALL NOT ASSIGN THIS AGREEMENT OR THE RIGHTS GRANTED HEREIN, OR SUBLEASE ANY PORTION OF THE PREMISES, IN WHOLE OR PART, TO ANY THIRD PARTY FOR ANY PURPOSE WITHOUT THE PRlOR WRITTEN CONSENT OF THE STATE, WHICH MAY llE GRANTED OR WITHHELD IN THE STATE'S SOLE DISCRETION. ANY UNAUTHORIZED ASSIGNMENT OR SUBLEASE SHALL BE VOID AND OF NO EFFECT, AND SUCH ASSIGNMENT OR SUBLEASE SHALL NOT RELIEVE GRANTEE OF L1ABlLITY UNDER TIIlS AGREEMENT. ARTICLE VII. INDEMNITY 7.01. GRANTEE AGREES TO INDEMNIFY AND HOLD THE STATE, ITS SUCCESSORS, ASSIGNS, OFFICERS, AGENTS, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES tTHE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ALL CLAIMS, PROCEEDINGS, ACTIONS, DAMAGES, JUDGMENTS, LIAllILlTIES, AWARDS AND EXPENSES WHATSOEVER, INCLUDING STRIC'f LlABILITY CLAIMS (THE "CLAIMS") WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE OF THE INDEMNIFIED PARTIES, THAT MAY BE BROUGHT, INSTITUTED OR AWARDED ON ACCOUNT OF OR GROWING OUT OF ANY AND ALL INJURIES OR DAMAGES, INCLUDING DEATH, TO PERSONS OR PROPERTY RELATING TO OR RESULTING FROM, DIRECTLY OR INDIRECTLY: (I) ANY OCCURRENCE IN, UPON, AT OR FROM THE PREMISES OR ANY PART THEREOF, OR (II) THE USE OR OCCUPANCY OF THE PREMISES OR ANY PART THEREOF, TOGETHER WITH ANY AND ALL LOSSES THERETO, INCLUDING, CL2004000 I jcrow .3 contract cI renew.doc y, 1.0 WITHOUT LIMITATION, ALL COSTS OF DEFENDlNG AGAINST, INVESTIGATING AND SETTLING THE CLAIMS. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION 7.01 IS AN INDEMNITY BY GRANTEE TO INDEMNIFY AND PROTECT THE INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF TlIE INDEMNIFIED PARTIES' OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE CLAIM. THIS INDEMNlTY SHALL HAVE NO APPLICATION TO ANY CLAIM WHERE THE CLAIM RESULTS FROM THE SOLE NEGLlGENCR OF THE STATE. GRANTEE'S OBLIGATION OF INDRMNITY SET FORTH HEREIN SHALL SURVIVE EXPIRATION OF THIS AGREEMENT. ARTICLE VIII. DEFAULT, TERMINATION AND EXPIRATION 8.0 I. If Grantee fails 01' refuscs to remcdy a default under this Agl'eement within thirty (30) days ofthe State's written notice specifying such dcfault, the State may terminate this Agrcement by sending written noticc of termination to Grantee in accordance with Article IX. Upon the effective datc of such notice, this Agreement shall terminate and neithcr party shall have any further rights or obligations except for those accruing prior to thc cffectivc date of termination and/or those which specifically survive termination ofthis Agreement. 8.02. Unless waived in writing by the State prior to termination of this Agreemcnt, Grantee shall, within .one hundred twenty (120) days from the termination date, remove all personal property, structures and improvements (including, without limitation, the Improvements) from the Premises and restore the Premises (and all other properly affected by Grantee's removal activities) to the same condition that existed prior to the placcment, construction, 01' installation thereof on the Premises. Grantee's activities shall be conducted in accordance with General Land Oftice guidelines in effect at the time of such activity, including, without limitation, specific techniques required for protection of natural resources and mitigation, or payment in lieu of mitigation, for damages resulting from removal activity. Upon such termination Grantee shall notifY the State in writing within ten (10) days following completion of Grantee's removal and restoration activity. Grantee's obligations to perform or undeltake any specific activity under this Agrccment, including the foregoing removal provision, shall survive termination ofthis Agreement. ARTICLE IX. NOTICE AND INFORMATION REQUIREMENTS 9.01. A. Any notice given under the terms of this Agreement shall be in writing and cither delivered by hand, by facsimile 01' sent by United States first class mail, adequate postage prepaid, if for the Statc, to Deputy Commissioner, Profcssional Services, 1700 NOIth Congress Avenue, Austin, Texas 78701-1495, and if for Grantee, to Calhoun County _ Precinct 3,24627 State Hwy. 172, POIt Lavaca, TX 77979-6032. Any patty's address may be changed from time to time by such party by giving notice as provided above, except that the Premises may not be used by Grantee as the sole notice address. No change of address of either party shall be bitlding on the other palty until notice of such change of address is given as herein providcd. . B. For purposes of the calculation of various timc periods referred to in this Agreement, notice delivered by hillld shall be deemed receivcd when delivered to the place for giving notice to a patty rcferred to above. Notice mailed in the manner provided above shall be deemed completed upon the earliel' to OCCUl' of (i) actual receipt as indicated on the signed return receipt, or (ii) three (3) days after posting as herein provided. 9.02. Grantee shall provide written notice to the State of any change in Grantee address within ten (10) business days of such change. 9.03. Grantee shall provide the State with information reasonably requcsted in writing within thirty (30) days of snch l'equest. ARTlCLE X. MISCELLANEOUS PROVISIONS 10.01. Ncither acceptance of Consideration or any other sum payable under this Agreement (or any pOltion thercof) by the State, nor failure by the State to complain of any act or omission of Grantee, shall constitute a waivcr by the State of its rights undel' this Agreement. Waiver by the State of any covenant, duty or obligation of Grantee under this CL20040001 jcrow .4 contract cI renew.doc v.l.O Agreement shall be in writing and signed by a duly authorized representative of the State. Waiver by the State shall be limited to the act or omission specified in writing and shall not constitute a waiver of any other covenant, duty or obligation of Grantee under this Agreement, whether of the same 01' different subject matter. 10.02. AllmonetaIY obligations of the State and Grantee (including, without limitation, any monetary obligation for damages for any breach of the respective covenants, duties or obligations of either party hereunder) are perfOlmable exclusively in Austin, Travis County, Texas. 10.03. This instrument, including exhibits, constitutes the entire agreement between the State and Grantee and no prior written or oral or contemporaneous oral promises, warranties or representations shall be binding. This Agreement shall not be amended except by written instrument signed by the State and Grantee. IN TESTIMONY WHEREOF, witness my hand aIld the Seal of Office. LESSOR: THE ST TE OF TEXAr By: C:, JERl Y E. FA ERSON Com lissionel General Land Office h . 'man, Se 1001 Land Board GRANTEE: Calhoun County - Precinct 3 ~Y/J By:. ~ (Sio/alu ) , ;Vc!L p. ;;, 1'73C~/-/ (1'rintedNamc) Date: 3/U6C! hm /11/ IX I" AJEJ2 (Title) Date: ocP ,0/3.- ;/00e; APPROVED: ./J... Contents: Jl,JJ~ -tJl! Lega! ~ Deputy: '._ Executive: . l .~ STATEOF~.<"'. X~ COUNTY OF Co- II, () l~. n Aclmowledgment ~ ~ ~ This instrument was acknowledged before me on the ;} 3 day of ~)? f'o '^ A r ;1 hy ~~j ~ qluhr:JL rGnllllee l'ep/'esen/u{h'e sij.!uillg this dOell/JiellO ,204, [~-~~-~ ---'-~Y'~'\\\h .~~:.~:."...\tI?~~I{II:I' SAa~ DORSETT f. ( + \ . \ Notary Public, SIale of Texas ~ \ ~ l J My CommIssion Expires \ "';.... /{~.l SEPTF.MElER 14, 2009 11\11\~~~f~\~~,"'" V""."'VV"Y'\~""",>c~.........",..""~....,..""",,,,,,~ NotaIY Public, State of .-;-;;_ X A. S My commission expires: o? - J 4 - .2 0 0 'j CL2004000 I jcrow 5 contract cI renew.doc v.1.0 Title: Calhoun County, Precinct3/ CL20040001 Date of Inspection: October 30, 2008 Company: General Land Office Creator: Kathrvn Tunnell Scale: Not to Scale . Map "Y1"H" A Title: Calhoun County, Precinct 3 / CL20040001 Date of Inspection: October 30, 2008 Company: Generai Land Office Creator: Kathryn Tunnell Scale: Not to Scale Aerial EXlBlT B a; Cil;'N e> <<lca '" 'O~N E 5U}j:::: .0 o c~ ~ OJ) OJ",.... 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Q) 1:;' c "5 ::J Q) z o (9 o ~ W c x --' ::J Q) <t: ,g f-- U (ii (f) u ;;.: (9 z z ~ ~ ~ ~ 8 0 APPENDIX B: GEOTECH REPORT . GEOTECHNICAL ENGINEERING . CONSTRUCTION MATERIALS ENGINEERING & TESTING . SOILS' ASPHALT' CONCRETE May 15,2012 Atkins 6504 Bridge Point Parkway, Suite 200 Austin, Texas 78730 Attention: Mr. Matthew Mahoney, PG SUBJECT: SUBSURFACE INVESTIGATION, LABORATORY TESTING PROGRAM AND FOUNDATION RECOMMENDATIONS FOR THE PROPOSED PORT ALTO SHORELINE PROTECTION PROJECT Port Alto, Texas RETL Job Number: G112119 Oem Mr. Mahoney, In accordance with our agreement, we have conducted a subsurface investigation, laboratory testing program and foundation evaluation for the above referenced project. The results of this investigation, together with our recommendations, are to be found in the accompanying report, two copies of which are being transmitted herewith. Often, because of design and construction details, that occur on a project, questions arise concerning soil conditions and Rock Engineering and Testing Laboratory, Inc. (RETL), would be pleased to continue its role as the Geotechnical Engineer during project implementation. RETL also has great interest in providing materials testing and observation services during the construction phase of this project. If you will advise us of the appropriate time to discuss these engineering services, we will be pleased to meet with you at your convenience. Sincerely, ~~Lb/~ Mark C. Rock, P.E. Vice President of Operations flOCK ENGINEERING 8. TeSTING LABORATORY, INC. www.rocktesting.com 6817 LEOPARD STREET' CORPUS CHRISTI, TEXAS, 78409-1703 16847 REDlAND ROAD #202 . SAN ANTONIO, TEXAS, 78259 OFFICE: (361) 883-4555' FAX: (361) 883-4711 OFFICE: (210) 495-8000' FAX: (210) 495-8015 SUBSURFACE INVESTIGATION, LABORATORY TESTING PROGRAM AND FOUNDATION RECOMMENDATIONS FOR THE PROPOSED PORT ALTO SHORELINE PROTECTION PROJECT PORT ALTO, TEXAS RETL JOB NUMBER: G112119 PREPARED FOR: ATKINS 6504 BRIDGE POINT PARKWAY, SUITE 200 AUSTIN, TEXAS 78730 MAY 15,2012 PREPARED BY: ROCK ENGINEERING AND TESTING LABORATORY, INC. 6817 LEOPARD STREET CORPUS CHRISTI, TEXAS 78409 PHONE: (361) 883-4555; FAX: (361) 883-4711 -""'\\>. --E.OFrr,'\ .::;~\...."..~~.t-'1 'I. #'0;.., * "'tI' " /-It.. '.:Hf. .t! *: '.*'1. ~....:...........................~ ~ .~~,m~w.~~~~.~:.~9.9.~.~ ~.,)'" 95866 :'4;1 4.1'd", tICENSE.~."~.:' Christopher A. Rock, P.E. .'~<"S8;airl~~~:': Vice President Corpus Christi \\",,~,....-"" :t1.. TEXAS PROFESSIONAL ENGINEERING FIRM NO. 2101 ~......'\ ~" Of Tf ;,-,\ 4'\."......':'''.... "),1,, It. $'<-;,/ _it",. "~:~'''It ,. */ ~..;, ~ Jj"*'M:'''A'''R''K'''C';:''R''OU< .~ ~ . "..." if.""'''-'''7'''1''3''9''S'''''' .:o.,." ~. """" , rl'. \) . ",."" ;:7"- ....~<alsl~'<:\<:;:-':;< . t,fs,,,..........c\\\;).~ ~\\"IONA.1. \. ",,";'" Mark C. Rock, P.E. \'>,;.."............ Vice President of Operations TABLE OF CONTENTS Paee INTRODUCTION .......................................................................................................1 Authorization ....^................ ...........,...,.. """""" ,.. ...........,.......". ," ,........."......,.. I Purpose and Scope......... """"""'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' .......,. I General .....................................,....,..........,................. ................,.........,.. ......... I DESCRIPTION OF SITE...........................................................................................2 FIELD EXPLORATION ............................................................................................2 Scope...............................................................,......,......................................... 2 Drilling and Sampling Procedures ...................................................................3 Field Tests and Observations ......................................................,....................4 Static Cone Tests.............................................................................................. 4 LABORATORY TESTING PROGRAM .................................................................5 SUBSURFACE CONDITIONS.................................................................................. 5 General ............................................................................................................ 5 Soil Conditions..................................................................................... ............ 6 Groundwater Observations............................................. ...................... ..... ....... 7 FOUNDATION DISCUSSION AND RECOMMENDATIONS .............................8 Proj ect Description.........................................................................,................. 8 Rock Groin and Beach Fill Area......................................................................8 Settlement Discussion ............... ...................................... ............. ............ ........9 Slope Stability Analysis .................................................. ............ .............. ....... 9 CONSTRUCTION CONSIDERATIONS ...............................................................10 Site Preparation ........................................................................... ............. ..... 10 Earthwork and Foundation Acceptance ........................................................ II GENERAL COMMENTS .......................................................................................11 APPENDIX Slope Stability Analysis Boring Location Plan Boring Logs B-1 through B-3 Key to Soil Classifications May 15,2012 Attn.: Mr. Matthew Mahoney, PG RETL Joh No.: G1121 t9 PORT ALTO SHORELINE PROTECTION PROJECT Port Alto, Texas INTRODUCTION This report presents the results of a soils exploration, laboratory testing program and foundation analysis for the proposed POlt Alto Shoreline Protection Project to be constructed in Port Alto, Texas. Authorization The work for this project was performed in accordance with RETL proposal number Pll22l1A dated February 10, 2012. The proposal contained the scope of work, an estimated fee and limitations. The proposal was approved and incorporated into an Atkins Subcontract for Professional Services and signed by Mr. David Buzan on Febmary 23, 2012 and returned to RETL. Purpose and Scope The purpose of this exploration was to evaluate the soil and groundwater conditions at the site and provide settlement calculations, slope stability and allowable bearing pressure for the proposed shoreline protection project. The scope of the exploration and analysis included the subsurface exploration, field and laboratory testing, engineering analysis and evaluation of the subsurface soils, provision of recommendations and preparation of this report. The scope of services did not include an envirolUllental assessment. Any statements in this report, or on the boring logs, regarding odors, colors, unusual or suspicious items or conditions are strictly for the information of the client. General The exploration and analysis of the subsurface conditions reported herein are considered sufficient in detail and scope to fonn a reasonable basis for the proposed shoreline protection project. The recommendations submitted for the proposed project are based on the available soil information and the preliminary design details provided by Mr. Matthew Mahoney, PG. If the designers require additional soil parameters to complete the design of the proposed shoreline protection project, and this infOlmation can be obtained from the soil data and laboratory tests performed within the scope of this project, RETL will provide the additional information requested as a supplement to this report. 1 of 11 May 15,2012 Attn.: Mr. Matthew Mahoney, PG RETL Job No.: Gl12119 PORT ALTO SHORELINE PROTECTION PROJECT Port Alto, Texas The Geotechnical Engineer states that the findings, recommendations, specifications or professional advice contained herein have been presented after being prepared in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the Geotechnical Engineer's profession practicing contemporaneously under similar conditions in the locality of the project. RETL operates in general accordance with "Standard Practice for Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction", (ASTM D3740). No other representations me expressed or implied, and no warranty or guarantee is included or intended. This report has been prepared for the exclusive use of Atkins for the proposed Port Alto Shoreline Protection Project to be constructed in Port Alto, Texas. DESCRIPTION OF SITE Port Alto, Texas is located adjacent to Carancahua Bay in Calhoun County, Texas. The surface of the site was surrounded by water with a shell beach/road providing access to the drilling crew. The site is suitable for traversing the shoreline with a four wheel drive vehicle but some of the proposed boring locations were not accessible to a conventional truck mounted dlilllig. FIELD EXPLORATION Scope The field exploration to evaluate the engineeling charactelistics of the subsUIface matelials included recormaissance of the project site, performing the soil sampling operations, obtaining grab samples, disturbed split spoon soil samples and relatively undisturbed Shelby tube soil samples. Duling the sample recovery operations the soils encountered were classified and recorded on boling logs in accordance with "Standard Guide for Field Logging of Subsurface Exploration of Soil and Rock", (ASTM 05434). As directed, RETL performed three bolings to 20- feet with the truck mounted dlill rig and hand augers to the 5-foot depth at three locations at this site for the purpose of providing geotechnical information. It should be noted that only the sample between the 0 to I-foot depth at the 5-foot hand auger boling locations were retained for laboratory testing. The table below provided the boling number, boring depth, and GPS coordinates at the boling location: 2 of 11 May t5, 2012 Attn.: Mr. Matthew Mahoney, PG RETL Job No.: GIl2119 PORT ALTO SHORELINE PROmCTION PROJECT Port Alto, Texas --=----~""--- -~>.,---".,-".=--~_.._--,-- ___w_,__,_=__.~_"",,-''''_m_ SUMMARY OF BORING INFORMA nON Boring Identification B-1 _____~"w~~_ B-2 B-3 G5-1 05-2 --- "---~-_.- 05-3 Borin~~~!,!h(ftL __~______ GPS Coordin~~es__ _ 20 N27039.834' W0960 24.517' ~_._---------- _ __ _"_"W'''._~ 20 N270 39.861' W0960 24.483' .. -------------.---.-- .' _._~-,~-- 20 N27039.887' W0960 24.447' ._...___~~_._M_~_._._._____._ 5 N27039.865' W0960 24.459' 5 N270 39.911' W0960 24.405' 5 N27039.990' W0960 24.406' Atkins detennined the number, location and depth of the borings. The boring locations were detennined in the field by RETL using a site plan provided by Atkins. The borings were moved from their originally designated location due to inaccessibility of the site to a conventional truck mounted drill rig. A boring location plan, which is a reproduction of a drawing provided to RETL, is provided in the Appendix of this report. RETL perfonned the boring operations. Upon completion of the drilling operations the drillholes were backfilled with excavated soil and the site cleaned as required. Drillinl! and Samplinl! Procedures The borings B-1 through B-3 were perfonned using a drilling rig equipped with a rotary head turning hollow stem augers to advance the borehole. Disturbed soil samples were obtained employing split-barrel sampling procedures in general accordance with the procedures for "Penetration Test and Split-Barrel Sampling of Soils" (ASTM DI586). Undisturbed soil samples were obtained using thin-walled tube sampling procedures in accordance with "Thin Walled Tube Sampling of Soils" (ASTM DI587). The samples obtained by this procedure were extruded by hydraulic ram and classified in the field. Grab sample locations GS-l through GS-2 were advanced using a hand auger and disturbed soil samples were obtained in accordance with ASTM D 1452, "Soil Investigation and Sampling by Auger Borings". All of the soil samples obtained were placed in plastic bags, marked according to boring number, depth and any other pertinent field data, stored in special containers and delivered to the laboratory for testing. 3 of 11 May 15.2012 Attn.: Mr. Matthew Mahoney, PG RETL Job No.: Gl121l9 PORT ALTO SHORELINE PROTECTION PROJECT Port Alto. Texas Field Tests and Observations Penetration Tests - During the sampling procedures standard penetration tests (SPT) were pelformed to obtain the standard penetration value of the soil at selected sampling intervals. The standard penetration value (N) is defined as the number of blows of a 140-pound hammer, falling 3D-inches, required to advance the split-barrel sampler I-foot into the soil. The sampler is lowered to the bottom of the previously cleaned drill hole and advanced by blows from the hammer. The number of blows is recorded for each of three successive 6-inch penetrations. The "N" value is obtained by adding the second and third 6-inch increment number of blows. The results of standard penetration tests indicate the relative density of cohesionless soils and comparative consistency of cohesive soils, thereby providing a basis for estimating the relative strength and compressibility of the soil profile components. Static Cone Tests Portable static cone penetrometer tests were performed at each I-foot sampling intervals at GS- 1, GS-2 and GS-3 test locations. The portable static cone penetrometer is a device used for measuring soil consistency. It is specifically designed for use in fine grained, soft soils. The device is equipped with dual rods enabling the cone stress to be measured directly. Soil friction on the outer rod does not influence the reading. The cone is forced into the soil in increments and retracted slightly after each increment to zero the gauge, then the cone is advanced to obtain the cone index (Qc). The cone index is always read directly from the gauge. It has units of kg/cm', which is essentially equal to tons/ft' (tsf). The results of the portable static cone penetrometer tests are provided on the boring logs using the notation Qc. The correlation between the cone index and soil constants is not absolute. The following empirical formula was provided by the portable static cone penetrometer manufacturer, Boart Longyear Company, and has been determined through extensive field use of the unit: Cohesion "C" or Undrained Shear Strength (tsf) Uniform clay and silty clays: C = Qc/10 Water Level Observations - Water level observations were obtained during the test boring operations. Water level observations are noted in this report and on the boring logs provided in the Appendix. In relatively pervious soils, such as sandy soils, the indicated depths are usually reliable groundwater levels. In relatively impervious soils, a suitable estimate of the groundwater depth may not be possible, even after several days of observation. Seasonal variations, temperature, land-use, proximity to a waterway and recent rainfall may influence the depth to the groundwater. The amount of water in open boreholes largely depends on the permeability of the soils encountered at the boring locations. Ground Surface Elevations - The ground surface elevations were not provided at the boring locations. Therefore, all depths referred to in this report are fi'om the actual ground surface at the boring locations during the time of our field investigation. 4 of 11 May 15, 20t2 Attn.: Mr. Matthew Mahoney, PG RETL Job No.: GIl2119 PORT ALTO SHORELINE PROTECTION PROJECT Port Alto, Texas LABORATORY TESTING PROGRAM In addition to the field investigation, a laboratory testing program was conducted to determine additional pertinent engineering characteristics of the subsurface materials necessary in analyzing the behavior of the shoreline protection project. The laboratory testing program included supplementary visual classification (ASTM D2487) and water content tests (ASTM D221 6) on all samples. In addition, selected samples were subjected to dry unit weight determinations (ASTM D2937), Atterberg limits tests (ASTM D4318) and percent material finer than the #200 sieve (ASTM DI140). The shear strength of selected cohesive soil samples were evaluated from unconfined compressive strength tests (ASTM D2l66). Estimated soil strengths were obtained using a hand penetrometer and static cone penetration tests. All phases of the laboratory testing program were conducted in general accordance with applicable ASTM Specifications. The results of these tests are to be found on the accompanying boring logs provided in the Appendix. SUBSURFACE CONDITIONS General The types of foundation bearing materials encountered in the test borings have been visually classified and are described in detail on the boring logs. The results of the standard penetration tests, static cone penetration tests, strength tests, water level observations and laboratory tests are presented on the boring logs, or in this report. Representative samples of the soils were placed in polyethylene bags and are now stored in the laboratory for further analysis, if desired. Unless notified to the contrary, all samples will be disposed ofthree months after issuance of this report. The stratification of the soil, as shown on the boring logs, represents the soil conditions at the actual boring locations. Variations may occur between, or beyond, the actual boring locations. Lines of demarcation represent the approximate boundary between different soil types, but the transition may be gradual, or not clearly defined. It should be noted that, whereas the test borings were drilled and sampled by experienced drillers, it is sometimes difficult to record changes in stratification within narrow limits. In the absence of foreih'll substances, it is also difficult to distinguish between discolored soils and clean soil fill. 50fll May 15, 2012 Attn.: Mr. Matthew Mahoney, PO RETL Job No.: O1l2t 19 PORT ALTO SHORELINE PROTECTION PROJECT Port Alto, Texas Soil Conditions The generalized soil profile encountered at this site is presented below in the soil profile table which provides a summary of the soil properties including soil classification, strength and plasticity: Soil Profile Table D Generalized Soil C ~ C' ~. -#200 PP Q, N Description y, -- 0-2 Fat/Lean CLAY & 300 0 200 17.5 115 57-75 0-2 WOH-2 CLAYEY Sand ... 2-8 Fat/Lean CLAY & 300 0 200 17.5 55 47-70 O-t7 WOH-5 CLAYEY Sand -.. 8-20 Fat CLAY 3000 0 520 27 60 70-99 3.5-4.5+ -.. ... where: D = Depth in feet below existing grade C ~ Soil Cohesion, psf (undrained) $ ~ Angle oflntemal Friction, deg. (undrained) C' = Drained Shear Strength (psI) ~'= Drained Angle of Internal Friction (degrees) Yt = Effective soil unit weight, pcf -#200 = Materiat passing #200 sieve, % PP = Pocket penetrometer value range, tsf Q, = Cone Index (tsf) N= Standard penetration tests range, blows per foot WOH ~ Weight of Hammer Detailed descriptions of the soils encountered at the boring location are provided on the boring logs included in the Appendix. Summary of the laboratory testing performed on the grab samples obtained from test locations GS-l, GS-2 and GS-3 are provided in the table below: '"~~.-"" - - .- .~. -- "'~- " -- - _..~_~e~'.,"'<_" --- - b-L _ -- -- ._...LABORATORY TEST RESULTS - GRAB SAMPLES -- ---~~ - Atterbem Limits Test" Sample Moisture ~~_..,._" Minus #200 SAMPLE ID Depth(ft) Content (%) Liqnid Limit Plastic Limit Plasticity Sieve (%) ~~- el:'o) (%) Index ..~ "--.",,,,,.,~",~'''= .".~ Sample from 0-1 53 65 22 43 74.6 GS-I ..- .-~~.~,~"~"-~"-- ~- , ~-~~~-- _m~ Sample from 0-1 44 53 18 35 69.0 GS-2 -- --~- -' .- - Sample from 0-1 44 55 18 37 63.7 GS-3 -----., "..-.". .-- 6 of It May 15,2012 Attn.: Mr. Matthew Mahoney, PG RETL Job No.: GI12119 PORT ALTO SHORELINE PROTECTION PROJECT Port Atto, Texas ~TATIC cmrn PENTROME~~~,~~:~ fn~e~~ SAMPLE LOCATIONS (Q~) . ..~=~~,C~~_~","o.'=_, ... _m ._."."'.. '""""","_.,"."_,~_._, M' "","'''''~~~'''''~__='''_=O.O'''';W'_;'''''_~~ DF;1'1,'H (ft) GIl.:I...._._(;Il.:2 GS-3 O~ 0 0 0 1-2 I 0 2 2-3 3 7 0 3-4 4 g 15 __________n__ 4-5 7 12 17 It should be noted that the laboratory testing and cone index values are incorporated into the "Soil Profile Table" summary provided above. Groundwater Observations Groundwater (GW) observations obtained dming drilling operations are provided in the following table: GROUNDWATER (GW) OBSERVATIONS BORING NO. DURING DRILLING B-1 2' .-., B-2 2' --. .. "',"-,-- __._____n_ ----------- B-3 2' Based on observations made in the field and moisture contents obtained in the laboratory, it RETL's opinion that the average depth to the groundwater at this site at the boring locations is 2- feet below the ground surface. It should be noted that water levels in an open borehole may require several hours to several days to stabilize depending on the permeability of the soils and that groundwater levels at this site may be subject to tidal inflnence, seasonal conditions, recent rainfall, drought or temperature effects. 7 of 11 May 15, 2012 Attn.: Mr. Matthew Mahoney, PG RETLJob No.: G1I2119 PORT ALTO SHORELINE PROTECTION PROJECT Port Alto, Texas FOUNDATION DISCUSSION AND RECOMMENDATIONS Proiect Discussion Based on the information provided to RETL, it is understood that the proposed project will consist of a shoreline protection project. Shoreline protection will be accomplished using the construction of a rock groin/rock breakwater. The preliminary cross-sections showing the proposed beach fill indicates a slope of 9H: I V with I-foot thick armor stone measuring approximately 20-feet in width along the top of the fill area and extending down to the bay bottom. Information provided to RETL indicated that soil excavated and stockpiled from the navigation channels in the vicinity of the project will be used as fill where needed to construct the beach fill area. RETL did not perform any testing of the stockpiled soils planned for use as fill soils at this project site. It should be noted that the plans also show Option I and Option 2 which include rock breakwater constructed southeast of the beach, a central V -Groin and a North Jetty. These structure will be constructed completely of stone. No water borings were performed, but some estimation of the expected settlement will be provided using the data obtained. If it is necessary to better estimate the behavior of these rock stmctures, RETL recommends performing borings at their proposed locations using a barge and conventional Huck mounted drilling rigs to 40-feet below the bay bottom. The number of borings will be dependant on the layout, but for estimation purposes I-boring along the stmcture aligrunent spaced no more than 300-feet, with a minimum of two borings per structure. Rock Groin and Beach Fill Area The loads exerted from the rock structures and from constructing the beach fill area will be similar in footprint shape to a strip footing, therefore, it is RETL's opinion that analysis methodology used to design footings would be applicable for this project. The width of the footing will significantly impact the depth to which the soils will undergo both volume changes due to consolidation and settlement due to the load from the rock or soil fill. Bay bottom elevations at the rock structure locations were not provided. Therefore based on the cross- sections provided it is assumed that the bay bottom elevation is -3-feet (NA VD 88) and the proposed top of structure to be at + 3-feet (NA VD 88) resnlting in an effective unit load for the rock breakwaters of approximately 800 psf. Utilizing the cross-sections provided for the beach fill area it is estimated that the effective unit load of 435 psf can be expected. Given the strengths of the soils the net Ultimate Unit Bearing Pressure at the location of the rock structures and beach fill area is on the order of 1500 psf. Typically for buildings an acceptable safety factor ranges between 2 to 3 depending on the loading conditions. Based on the estimated ground contact pressures above it does not appear as if a classic bearing failure will occur, but settlements will exceed I-inch. 8 of 11 May 15,2012 Attn.: Mr. Matthew Mahoney, PG RETL Job No.: Gl12119 PORT ALTO SHORELINE PROTECTION PROJECT Port Alto, Texas RETL recommends utilizing a needle punched non-woven geotextile material between the armor stone and fill and natural soils at the site. Settl~lI1ent Discu~~ion Total settlement is the sum of the immediate settlement plus the long-term settlements. Immediate settlements are generally associated with sand soils and most likely will occur during construction. Immediate settlements at this site also include displacement of the soft surficial clay soils with the proposed fill or armor stone. RETL estimated settlement for both loading conditions, the l'Ock structures and the beach fill area in the following table: ~_w_~~~~__ Estimated Settlement (in)~~ -~-~~~~ ~~"~"~ ~'~"~~',~~Jlm~~~~iat~settl~Ill~~~ ~~ Lo~g Term~ettl~;~~;;;'settIelll~nt~'~ _;::~S~~IC:::: 1_ ~:::: :::~--~~.~~~:::: ~~",_J -~~~:'~~ 1~~:' Immediate settlements should take place within 7 days after the final load has been placed. Some of this settlement may not be noticed depending on the construction sequence and contractor's operations. The immediate settlement will likely result in underestimating materials required to construct to project grades. The contractor should be aware of potential overruns. In addition, RETL recommends that the plans and specifications require the contractor to build up to final grades prior to mobilizing off the jobsite due to the expected settlement at this site. Phasing the construction to allow for some settlement to occur prior to placing the final course may have some merits given, that at the time of the placement of the final course it is likely that the immediate settlement has occurred as well as some of the long term settlement. RETL estimated the time to achieve 90-percent consolidation is on the order of 7 to 9-years. Slope Stability Analvsls Slope stability analysis was performed for the fill soils to be placed at the beach fill area. Two different scenarios were considered. Short-term soil parameters and long-term soil parameters were utilized during the analysis to determine the global stability analysis for a 9H:lV slope. The analysis utilized the drained and undrained values provided in the "Soil Conditions" section of this report, and utilized GSLOPE Version 4 by Mitre Software Corporation, for the analysis. The deep seated analysis was performed by calculating the safety factor when the failure was allowed to occur from a specified grid of centers and a range of tangents. The global slope stability analysis of the 9H: I V slope was performed allowing the failure plane to vary until the minimum safety factor was calculated. The analysis assumed: 90flI May]5,2012 Attn.: Mr. Matthew Mahoney, PG RETL Job No.: Gl12119 PORT ALTO SHORELINE PROTECTION PROJECT Port Alto, Texas . Unit weight of armor stone - 165 pounds per cu. ft. . Armor stone thickness - I-foot . Bay bottom at toe of slope elevation equal to -0.5 ft NA VD 88 . Water surface elevation in bay - +1 ft NA VO 88 . Top of armor stone on beach fill elevation - +3.5 ft. NAVO 88 · Wet unit weight offill soils stockpiled on site - 120 pounds per cu. ft. · That the sub grade soils and fill soils are placed using moisture density control (Compacted to 95% of the std. Proctor (ASTM 0698) and within 3% of the optimum moisture content. The results of the global slope stability analysis are provided below for drained and undrained values: Minimum Safety Factor; Undrained Conditions - 9.015 Minimum Safety Factor, Orained Conditions - 6.506 Typically for this type of project an acceptable calculated safety factor of 1.5, or greater, is considered acceptable. Graphical representations of the lowest calculated safety factors for drained and undrained conditions for both design scenarios are provided in the Appendix. It should be noted that desiccation, shrinkage, operational considerations such as scour due to wave action were not considered during the analysis. CONSTRUCTION CONSIDERATIONS Sitc PI'cll8ration In areas where fill soils will be placed along the beach fill area site preparation should begin by removing all vegetation and loose and excessively wet soils to a depth that firm soils are encountered. The upper 12-inches of the exposed subgrade soils shall be compacted to a minimum density of 95-percent of the maximum dry density as determined by the standard Proctor (ASTM 0698). If any soft areas are identified, the soils should be removed and recompacted in place. It should be noted that due to the soft surficial soils and proximity ofthe work area with respect to tidally influenced water, sitework may require placement of uniformly graded crushed stone, say nominal size 1 to 2-inches, to be placed in soft areas and areas inundated with water until an elevation above the water level is achieved before fill soils can be placed and the specified compaction requirements can be attained. 10 of 11 May 15,2012 Attn.: Mr. Matthew Mahoney, PG RETL Job No.: Gl12119 PORT ALTO SHORELINE PROTECTION PROJECT Port Alto, Texas Upon completion of the subgrade preparations properly compacted fill soils shall be placed to achieve the desired plan elevations. The fill should be placed in no greater than 8-inch thick loose lifts and then compacted to a minimum density of 95-percent of the maximum dlY density as determined by the standard Proctor (ASTM D698) and within 3-percent of the optimum moisture content. Earthwork and Foundation Acceptance Exposure to the environment may weaken the soils at the bearing levels if excavations remain open for long periods of time. Therefore, it is recommended that the excavations be extended to final grade and the shoreline protection project be constructed as soon as possible to minimize potential damage to the beating soils. The bearing level should be free of loose soil, ponded water or debris and should be observed and tested for compliance to the plans and specifications by the Geotechnical Engineer, or his designated representative. If the bearing soils are softened by surface water intrusion, or by desiccation, the unsuitable soils must be removed and recompacted to the required in-place density. The Geotechnical Engineer, or his designated representative, should monitor subgrade preparation. As a guideline, density tests should be performed on the exposed sub grade soils and each subsequent lift of compacted fill soils at a rate of one test per 3,000 square feet or a minimum of three in-place nuclear tests per testing interval, whichever is greater. Any areas not meeting the required compaction should be recompacted and retested until compliance is met. GENERAL COMMENTS If significant changes are made in the character or location of the proposed project, a consultation should be arranged to review any changes with respect to the prevailing soil conditions. At that time, it may be necessary to submit supplementary recommendations. It is recommended that the services ofRETL be engaged to test and evaluate the soils in order to verity that the bearing soils are consistent with those encountered in the borings. RETL cannot accept any responsibility for any conditions that deviate from those described in this report, nor for the performance of the shoreline protection project if not engaged to also provide construction observation and testing for this project. If it is required for RETL to accept any liability, then RETL must agree with the plans and perform such observation during construction as we recommend. All sheeting, shoring and bracing of trenches, pits and excavations should be made the responsibility of the contractor and should comply with all current and applicable local, state and federal safety codes, regulations and practices, including the Occupational Safety and Health Administration. 11 of 11 APPENDIX 0 0 0 0 N N C; 0 0 0 0 N 0 0 0 '" 00 Joo- ~ '" C W 00 ~ '" '" '" 0 - C w 13 0 J N 0 1;) ro ~ w (9 e iO (; > 0 ~ 0 "0 0 0 a. E w '" C 00 w rn .~ J .~ 15 0- 13 '0 (; .!! 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G 0 ~ {[ 0 E '0 N '-' '" " '" '" rn .~ => ,'C 15 0- ~ 0 C; .Ii '-' 0 ~ ~ en '" .8 '" " ~ '"' 0- '" 0 '" t: U; " 0 '0, "- 0; " <i w TI 0 0 Ii: '" 0 ~ <D o on <<i " u.. , I I i-I ' M -gll}:}ij II I i 0: (/}iy.r- ~:'I~ '-I j; '" , i:: I,() l() , :c ~i' ~. r...: t--., J "- '0 010 ~ ~IN,~ 'tn;.,] gi 81 ~I t51 o 0.910 ('.II Ni l.("'j..?:-; !< ,lJJi !. i ogj , ,; ,Ij::' ~i~1~iEJ .,....,l~i....--.i ; I rn E ~'13 <!J :'tiLO N!CO U?ir-c: , Ii I II 1 "'I I IE I" '0 o (,) (), It::, w(fJ (f.li 0 'I' ~ ~I::J ::J11"', mO (,) () ,-0: Igl EIX x II wi L?c.~.g;,~,.t?L::E) o o if! ~ " ~ ~ ~ L " it 5 " l' ~ c 0, c w o o or " o ~ ~ 'il! o o '" B m jj ~ t ~ . c ~ ~ ~ " ~ ~ ~ ~ i:i ::; ~ w v " o N 13 ~ Q ~ BORING LOCA nON PLAN NO SCALE May 15, 2012 Attn.: Mr. Matthew Mahoney, PG RETL Job No.: GI12119 PORT ALTO SHORELINE PROTECTION PROJECT Port Alto, Texas ROCK ENGINEERING AND TESTING LABORATORY, INC. 6817 LEOPARD STREET CORPUS CHRISTI, TX 78409 (361) 883-4555 ~ h ~ ~ o o " t, ~-: :'E /'1 2, ';0, ~ o "' " >- on ~ o on LOG OF B()RING B-1 CLIENT: PROJECT: LOCATION NUMBER: Rock Engineering & Testing lab., Inc. 6817 Leopard Street Corpus Christi, Texas 78409 Telephone: (361) 883-4555 Fa" (361) 883-4711 FIELD DATA I I LABORATORY DATA A TTER8ERG LIMITS ----Tn ;::- "0 ~ ~ 0. W o z, BI ~ -.zd f- X ~~i ro ~ ffi ~wl f- t: , ~ II] 0011' 5 t:: ~, ~ f-l- u~ U I ~ :J " ~~~ w_1 ~ v, z ~ooo::<i! ill I 0 ;:: L ill ~ ~~~~5 !5 I 5 <Jj I rt K ozzw::.;: lflQ ~ I ~ ~ ....Joo~u ~ ...J a. '" <i all-l-wo 0 . VJ \VJ zo..t-o..a:\:2 LL I PL PI -----r - - -+-- I;, jl I i ~; I^ N= 2 d9 i I I f,i ~~ III N= WOH _I II 27i I i N . STANDARD PENETRATION TEST RESISTANCE P - POCKET PENETROMETER RESISTANCE T - POCKET TORVANE SHEAR STRENGTH 46 ~) SH 5-3 P=4.0 32 71 24 47 5H S-4 P= 4 0 26 10 , SH Ip=40 S.5 n 31 SH 5-6 31 76 24 52 p= 4.5+ ~ SH ; 8-7 p= 4.5+ 20 ~ i3 " on :\ 0. w fij ;; ~ t;: I~ i= g _ =:J <Jj J: u. (',I I ~ ~ 1[:3 f- 0 ~ ill 0 io:: ~ lQl on o Z 0.. W (I) ::l 6:6 ~~5 z Do.. U <Jj t::-i SE 94 1.2 SHEET 1 of 1 Atkins North America, Inc. Prop. Port Alto Shoreline Protection Proj, Porl Alto. Texas G112119 DATE_(SlDRILLED: 02/27/12 - 02/27/12 DRILLING METHOD(S) Hollow Stem Auger ~ GROUNDWATER INFORMATION: Groundwater (GW) was encountered at 2' during drilling operations SURFACE ELEVATION: N/A DESCRIPTION OF STRATUM SANDY LEAN CLAY, with shell fragments, gray, moist, soft. 53 Same as above. very soft. FAT CLAY, reddish brown. moist. very sliff (CH) 99 Same as above. slightly slickensided Same as above FAT CLAY, greenish gray and brown, moist, very stiff. (CH) 92 Same as above Bonllg was terminated at a depth of 2Q-feet. REMARKS: Boring dtlpth was determined by Alkms North America. Irlc and boring toc~tiOfl was determined by RETL Boring operallons were ptlrrormed by EnviroCore, a drilling liub consultant to RETL, at GPS Coord N 270 39 634' W 96" 24 517' WOH - 'h,mIH of Hammer Rock Engineering & Testing Lab., Inc. 6817 Leopard Street Corpus Christi, Texas 78409 Telephone: (361) 883-4555 Fax: (361) 883.4711 LOG OF BORING B-2 CLIENT: Atkins North America. Inc. PROJECT: Prop. Port Alto Shoreline Protection Proj. LOCATION: Port Alto. Texas NUMBER: G112119 SHEET 1 of 1 DATE(S) DRILLED: 02/27/12 - 02/27/12 FIELD DATA LABORATORY DATA DRILLING METHOD(S) I ATTERBERG-----'"" Hollow Slem ^uger Z 0 i LIMITS ~ _0 -1-------- ~ o' r GROUNDWATER INFORMATION: >- I " w >"' w z ! 0 > Groundwater (GW) was encountered at 2' during drilling operations 0: ffiill w >- t; w >- Ui w 60 z I >- " on 0 " :J I: >- w 0 ~ " ,tttCrli'= ! >- 1.1. > _ 0 0 " " i :J " 0 I!:: a U) x t N on r:o z I' ooa:...l w 0 '" '" 0 " "- w ~ (i)~~1-- ~ 0: 5 on on ~w ~0g z ~ ~ ...l ~(f)(I)ZO " " " ~ ~ 19: m (iJ1- "' I n. ; a. IOZ:Z~~ >- 0 ~ ~ on SURFACE ELEVATION: N/A ~ >- "' :J n. n. " 0 n. " l~)~??ffig 0 >- ~ !2 n:: 61 z w j:fJ " LL PL PI n:: 0 P I-- I-- " DESCRIPTION OF STRATUM "' 0 'VI za.1-- a.n:: 00.. lU (J)___ CLAYEY SAND. with shell fragments. gray. moist, soft ,1,39 -1 I Same as above, very soft. (SC) 35 36 14 22 47 FAT CLAY, reddish brown, moist, firm 27 SH p= 4.5+ 32 I 73 24 49 s-, 10 SH p= 4.5+ 30 S-5 Same as above. very stiff (CH) 98 Same as above, slightly slickensided. SH S-6 p= 4.5+ 24 FAT CLAY, with sand and calcareous deposits, greenish gray and brown, moist, very stiff. N S 1:', ,. c, '0 , ,', " o g < , " o " c'; Same as above SH S.7 P;::-4.5+ 23 71 20 Boring-was"terrnJiiateanaia depth of 20-feet (7 'J~ ~ ;.:; }.' N - STANDARD PENETRATION TEST RESISTANCE P - POCKET PENETROMETER RESISTANCE T - POCKET TORVANE SHEAR STRENGTH REMARKS: ':: Boring depth was delermim..>d by Atkins North America, Inc and boring location W"dS determIned by RETl Boring operations were performed by EnviroCore. a drilling suh consu!!antto RF.TL. 31 GPS Coord.. N 27039.861' W 96" 24.483' WOH - Weiohl of Hamml;lr o '" " ~ " ~ <5 " G ; ~ lli LOG OF BORING B-3 CLIENT: Atkins North America. Inc. PROJECT: Prop. Port Alto Shoreline Protection proj LOCATION: Port Alto, Texas NUMBER: G112119 Rock Engineering & Testing Lab" fnc 6817 Leopard Streel Corpus Christi, Texas, 78409 Telephone; (361) 8634555 Fax: (361)883-4711 FIELD DATA iO '" I ~ ~ w " II! J I~ I- U '~i ttt~t: I ~ I' ~ 11~~~i~ :.'E :E alOOtrU ~ \"''' ..J:-:~wo oo,f.Ili ZQ.I-a.a:: LABORATORY DATA ATTERBERG _'-1"1118_ I 30 " ~ z w ~ z o " w 0: => >- "' <5 " >- !:: ~ S ~~ " " - "' !-, :L x w " " w > w in ~ ~tL~ ~g 5 en G U;:I: ti: N i= Z &l ~ I- Oi 0 ~ w 0 C( ~ 1::'2: z ...J 10 z 1"- w "I " 0. ! >- =>.:;E n:: ~ ~ ~~ 8lne ~ PI 93 2.6 ~"~ ,,1 N..2 ~i 55 i $-2 ) \ N= WOH " .;34 50 17 33 30 32 49 17 32 34 19 47 17 30 31 N - STANDARD PENETRATION TEST RESISTANCE P . POCKET PENETROMETER RESISTANCE T - POCKET TORVANE SHEAR STRENGTH ,- c; \'j 55 llN= 1 5-3 [II I] 55 I 54 I No5 1P 5H S.5 po 3 5 SH 5-6 po 4.0 15 SH 5-7 po 35 20 SHEE.LL~L1. DATE(S) DRILLED: 02/27/12 - 02/27/12 DRILLING METHOD(S) Hollow Stem Auger ~ GROUNDWATER INFORMATION: Groundwater (GW) was encountered at 2' during drilling operallons SURFACE ELEVATION: N/A DESCRIPTION OF STRATUM SANDY FAT CLAY, with shell fragments, gray, moist, soft. 57 (CH) Same as above, very soft LEAN CLAY, with sand, gray. moist, very soft. (CL) 70 Sarne as above, reddish brown, firm 70 Same as above, with calcareous deposits, reddish brown, moist, very stiff. (CL) FAT CLAY, with calcareous deposits. reddish brown, moist, very stiff. Same as above '-FrorTng -vlasierrrlinated at a depth-or20:teet". REMARKS: Bormg depth Wd!: deltlrmined by Alkms North AnltHlca. loe and boring lot::aliOJl wos determined by RETl BOring opE1ralions were performod by EnviroCore. a drilling sub consultant to RETL, [II GPS Coord. N 27" 39 BBT W 96" 24447' WQH - Woi hi of Hammer ,.~ :tl~~~\t", ""~/:-' Engineering 8.. Testing Laboratory,lnc Major Divisions GRAVEL AND GRAVEllY SOilS COARSE GRAINED SOilS SAND AND SANDY SOilS 6817 Leopard Street Corpus Christi. Texas 78409 Oltice: (361) 883-4555 Fax: (361) 883--1711 ....-....--...-.............-..--,--.--. KEY TO SOIL CLASSIFICATIONS AND SYMBOLS , I TERMS CHARACTERIZING SOil STRUCTURE GW GP GM , i ,--- -- I SW ~:r t:;;;: 1-://' 1',/, " ~ll .I;/{;, ~%: /;,/ ~(/X .L:L s o -' -' w >- Silty gravers, gravel - sand... silt mixtures Clayey gravels, gravel - sand... clay mixtures Well . graded sands or gravelly sands, little or no fines o w '" Poorly - graded sands Of gravelly sands, Utile or no fines s o -' -' w >- Silty sands. sand... silt mixtures UN I FI ED S6IL-CLASSIFicAT10NSYS'TEM --=:~-~~IC~~~r~~olor I-----~AME ,-. -, I ~... Well - graded gravels or gravel - sand o mixtures, little Of no fines ,~~r - ~ "( Poorly-graded gravels or gravel- sand I mixtures, hllle or no fines VilJ li!V ---iul~ GC ~(": --:~~" I Clayey sands. sand - clay mixtures SLICKENSIDED - having Inclined planes Of weakness Ihat are sHck and glossy If) appearance FISSURED - containing shrinkage cracks, frequently filled with fine sand or silt; usually more or less vertical LAMINATED (VARVED) - composed of thin layers of varying color and texture, usually grading [rom sand or silt allhe botlom (0 day at the top CRUMBLY - cohesive soils which break inlo small blocks or crumbs on drying CALCAREOUS - conlaining appreciable quanlilies of calcium carbona Ie, generally nodular. WELL GRADED - having wide range in grain sizes and substantial amounts of all intermediate particle sizes. POORLY GRADED. predominanlly of one grain size (uniformly graded) or having a range of sizes with some intermediate size missing (gap or skip graded) Inorganic sills and vert fine sands, ,?ck n.our, -----sy-MEf6'L's"-F6f(TEST"DA~- silty or clayey fine sands or clayey SiltS wlth-----.----.-,-------'~n_"______"'_,_________ z w w '" " Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, lean clays Organic silts and organic sill-clays of low plasticity Inorganic sills, micaceous or diatomaceous flne sandy or silly soils, elastic siUs w ::> -' ro Inorganic clays of high plasticily, fat days Organic clays of medium to high plasticily, organic silts Peat and olher highly organic soils TERMS DESCRIBING CONSISTENCY OF SOIL "I M/C = 15 - Natural moisture content in percent. y = 95 - Dry unil weight in Ibsfcu ft. Qu = 1.23 - Unconfined compression strength in tonsl sq ft. 51 - 21 - 30 - Liquid limit, Plastic limi\, and Plasticity index 30% FINER - Percent finer Ihan ~!o 200 mesh sieve 30 B1F - Blows per foot, standard penetration tesl 'f - Ground water lable COARSE GRAINED SOILS -- 5 -------- ~:~CRI;T~~E TERM NO. BLOWS I FT. STANDARD DESCRIPTIVE TERM I. PEN. TEST 0-4 ~ very Soft -- - I 4 - 10 Soft 10 - 30 Plastic (med Stiff) i 30-50 Sliff ~ over 50 Very Stiff Hard ;7 \l,ld c1assi fieaHon r;::.-ri"'-Co"l1sistency;-,"rs r!9termlnec(wltil.'a:-I,Liti'i;. ;~~a'm~eterpenelrometer, _._...."-~-,~,~-_..._.~---- FINE GRAINED SOILS NO. BLOWS I-~T.'STAN~;;O 1- -c~~~::i~itN PEN. TEST TONS PER sa. FT <: 2 . ....--....-.;d5.zs.... 2-4 0.25-0.50 J; 4 -8 0,50-100 8-15 1.0 -200 15-30 200-400 over 3~~________.Q\I_~,r..~_~__ Very loose Loose Firm (medium) Dense Very Dense APPENDIX C: SUBMITTAL LIST Submittals Submittals include, but are not limited to, the following items. Each item may have multiple components as described in the Technical Specifications. The Contractor shall be responsible for meeting all submittal requirements of the Technical Specifications. Plans . Site Health and Safety Plan Conference · Project work Plan and Schedule Conference o Site Plan o Maintenance of Traffic Plan o Signage Details (as necessary) . Schedule of Values Conference · Erosion and Sediment Control Plan Conference · Environmental Protection Plan Conference . Post -Construction Cleanup Plan Conference Reports · Monthly Progress Reports . Operations Daily Reports Notices . Placement Operations Surveving . As-Built Drawings Ten (10) calendar days prior to Pre-Construction Ten (10) calendar days prior to Pre-Constmction Ten (10) calendar days prior to Pre-Construction Ten (10) calendar days prior to Pre-Construction Ten (10) calendar days prior to Pre-Constmction Ten (10) calendar days prior to Pre-Construction Completed daily, reviewed weekly, submitted monthly Completed daily, reviewed weekly, submitted monthly Ten (10) calendar days prior to start of placement Reviewed Monthly, Submitted Ten (10) calendar days following work completion Equipment and Misc . Schedule of Values Conference Ten (10) calendar days prior to Pre-Construction . Equipment List Thirty (30) calendar days prior to start of work . Equipment Location Sketches Thirty (30) calendar days prior to start of work . Product Specifications Conference . Stone Test Results Conference Ten (10) calendar days prior to Pre-Construction Ten (10) calendar days prior to Pre-Construction APPENDIX D: TCEQ BEST MANAGEMENT PRACTICES TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Description of BMPs (Tier I Projects) EROSION CONTROLBMPs Temporary Veeetation Description: Vegetation can be used as a temporary or permanent stabilization technique for areas disturbed by construction. Vegetation effectively reduces erosion in swales, stockpiles, berms, mild to medium slopes, and along roadways. Other techniques such as matting, mulches, and grading may be required to assist in the establishment of vegetation. Materials: . The type of temporatyvegetation used on a site is a function of the season and the availability of watedor irrigation. . Temporary vegetation should be selected appropriately for the area. . County agricultural extension agents are a good source for suggestions for temporary vegetation. . All seed should be high quality, U.S. Dept. of Agriculture certified seed. Installation: . Grading must be completed prior to seeding. . Slopes should be minimized. . Erosion control structures should be installed. . Seedbeds should be well pulverized, loose, and uniform. . Fertilizers should be applied at appropriate rates. . Seeding rates should be applied as recommended by the county agricultural extension agent. . The seed should be applied uniformly. . Steep slopes should covered with appropriate soil stabilization matting. Blankets and Mattine April 12, 2004 -1- Description: Blankets and matting material can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The most common uses are in channels, interceptor swales, diversion dikes, short, steep slopes, and on tidal or stream banks. Materials: New types of blankets and matting materials are continuously being developed. The Texas Department of Transportation (TxDOT) has defined the crirical performance factors for these types of products and has established minimum performance standards which must be met for any product seeking to be approved for use within any ofTxDOT's construction or maintenance activities. The products that have been approved by T xDOT are also appropriate for general cOllstruction site stabilization. T xDOT maintains a web site at http://www.dot.state.tx.us/insdtdot/orgchart/cmd/erosion/contents.httm which is updated as llew products are evaluated. Installation: . Install in accordance with the manufacturer's recommendations. . Proper anchoring of the nlaterial. . Prepare a friable seed bed relatively free from clods and rocks and any foreign material. . Fertilize and seed in accordance with seeding or other type of planting plan. . Erosion stops should extend beyond the channel liner to full design cross-section of the channel. . A uniform trench perpendicular to line of flow may be dug with a spade or a mechanical trencher. . Erosion stops should be deep enough to penetrate solid material or below level of ruling in sandy soils. . Erosion stop mats should be wide enough to allow turnover at bottom of trench for stapling, while maintaining the top edge flush with channel surface. Mulch Description: Mulching is the process of applying a material to the exposed soil surface to protect it from erosive forces and to conserve soil moisture until plants can become established. When seeding critical sites, sites with adverse soil conditions or seeding on other than optimum seeding dates, mulch material should be applied immediately after seeding. Seeding during optimum seeding dates and with favorable soils and site conditions will not need to be mulched. Materials: . Mulch may be small grain straw which should be applied uniformly. . On slopes 15 percent or greater, a binding chemical must be applied to the surface. . Wood-fiber or paper-fiber mulch may be applied by hydroseeding. April]2,2004 -2- . Mulch nettings may be used. . Wood chips may be used where appropriate. Installation: Mulch anchoring should be accomplished immediately after mulch placement. This may be done by one of the following methods: peg and twine, mulch netting, mulch anchoring tool, or liquid mulch binders. Sod Description: Sod is appropriate for disturbed areas which require immediate vegetative covers, or where sodding is preferred to other means of grass establishment. Locations particularly suited to stabilization with sod are waterways carrying intermittent flow, areas around drop inlets or in grassed swales, and residential or commercial lawns where quick use or aesthetics are factors. Sod is composed of living plants and those plants must receive adequate care in order to provide vegetative stabilization on a disturbed area. Materials: . Sod should be machine cut at a uniform soil thickness. . Pieces of sod should be cut to the supplier's standard width and length. . Torn or uneven pads are not acceptable. . Sections of sod should be strong enough to support their own weight and retain their size and shape when suspended from a firm grasp. . Sod should be harvested, delivered, and installed within a period of 36 hours. Installation: . Areas to be sodded should be brought to final grade. . The surface should be cleared of all trash and debris. . Fertilize according to soil tests. . Fertilizer should be worked into the soil. . Sod should not be cut or laid in excessively wet or dry weather. . Sod should not be laid on soil surfaces that are frozen. . During periods of high temperature, the soil should be lightly irrigated. . The first row of sod should be laid in a straight line with subsequent rows placed parallel to and butting tightly against each other. Aprill2,2004 -3- . Lateral joints should be staggered to promote more uniform growth and strength. . Wherever erosion may be a problem, sod should be laid with staggered joints and secured. . Sod should be installed with the lengrh perpendicular to the slope (on the contour). . Sod should be rolled or tamped. . Sod should be irrigated to a sufficient depth. . Watering should be performed as often as necessary to maintain soil moisture. . The first mowing should not be attempted until the sod is firmly rooted. . Not more than one third of the grass leaf should be removed at anyone cutting. Erosion Control Compost Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The most common uses are on steep slopes, swales, diversion dikes, and on tidal or stream banks. Materials: New types of erosion control compost are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of T xDOT's construction or maintenance activities. Material used within any TxDOT construction or maintenance activities must meet material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides informa tion on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. Ecc used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as an ECC, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEP A) Code of Federal Regulations (cFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas Administration Code (TAC) , Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in T AC Chapter 332, including Sections ~332.7l Sampling and Analysis Requirements for Final Products and ~332. 72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) TestMethods for the Examination of Composting and Compost (TMEcC) should be conducted on compost products used for ECc to ensure that the products used will not impact public health, safety, and the environment and to promote production and April 12, 2004 -4- marketing of quality composts that meet analytical standards. TMEcc is a laboratOlY manual that provides protocols for the composting industry and rest methods for compost analysis. TMEcC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECc. TMECc information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (ST A) program contains information regarding compost ST A certification. ST A program information can be found at http://tmecc.org/sta/STA_program_description.html. Installation: . Install in accordance with current TxDOT specification. . Use on slopes 3: 1 or flatter. . Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed. . When rolling is specified, use a light corrugated drum roller. Mnlch Filter Berms and Socks Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, mulch filter berms and socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch filter berms and socks are used during the period of construction near the perimeter of a disturbed area to intercepr sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Mulch filter berms should not be used when there is a concentration of water in a channel or drainage way. If concentrated flows occurs after installation, corrective action 111USt be taken. Mulch ftlter socks may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of mulch filter berms and socks are continuously being developed. The Texas Departmenr of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOTJs construction or maintenance activities. Mulch filter berms and socks used within any TxDOT construction or maintenance activities must meet material specifications in accordance with current TxDOT specifications. TxDOTmaintains a wehsite at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm tha t provides information on compost specification data. TIlis website also contains information on areas where the Texas Commission on Environmental Quality (TcEQ) restricts the use of certain compost products. Mulch filter berms and socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used for mulch filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEP A) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission Health and Safety Regulations as defmed in the Texas Administration Code (TAC) , Chapter 332, and all other relevant requirements for compost products outlined in TAc, Chapter 332. Testing April 12, 2004 -5- requirements required by the TCEQ are defined in TAC Chapter 332, including Sections ~332. 71 Sampling and Analysis Requirements for Final Products and ~332. 72 Final Product Grades. Compost specification data approved byT xDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for mulch filter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts dlat meet analytical standards. TMECC is a laboratory manual that provides protocols for the compostingindustry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. N Ull1erous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/nnecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at http://tmecc.org/sta/STA_program_description.html. Installation: . Install in accordance with current T xDOT specification. . Mulch filter berms should be constructed at I- 1/2 feet high and 3 foot wide at locations shown on plans. . Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies immediately. Install additional filter berm material as directed. Remove sediment after it has reached 113 of the height of the berm. Disperse filter berm or leave in place as directed. . Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should be designed to allow for proper percolation through. Compost Filter Berms and Socks Description: Compost filter berms and socks are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Compost filter berms and socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Compost filter berms should not be used when there is a concentration of wa ter in a channel or drainage way. If concentrated flows occur after installation, corrective action must be taken. Compost filter socks may be installed in construction areas and temporality moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Compost filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of compost filter berms and socks are continuously being developed. The Texas Department of Transportation (T xDOT) has established minimum performance standards which must be met for any April]2,2004 -6- products seeking to be approved for use within any of T xDOT's construction or maintenance activities. Compost filter berms and socks used within any TxDOT construction or maintenance activities must meet material specifications in accordance with TxDOT specification 1059. TxDOT maintains a website at http://wwIV.dor.state.tx.us/des!landscape/compost/specifications.htm that provides information on compos t specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. Compost filter berms and socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as compost filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental ProrectionAgency (USEP A) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections ~33 2. 71 Sampling and Analysis Requirements for Final Products and ~332. 72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for compostfilter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. 1MECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost ST A certification. ST A program information can be found ar http://tmecc.org/sta/STA_program_description.html. Installation: . Install in accordance with TxDOT Special Specification 1059. . Compost filter berms shall be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans. . Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies immediately. Install additional filter berm material as directed. Remove sediment after it has reached 113 of the height of the berm. Disperse filter berm or leave in place as directed. . Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed. Sock materials shall be designed allowing for proper percolation through. SEDIMENT CONTROL BMPS April 12, 2004 -7- Sand BaR Berm Description: The purpose of a sandbag berm is to detain sediment carried in runoff from disturbed areas. This objective is accomplished by intercepting runoff and causing it to pool behind the sand bag berm. Sediment carried in the runoffis deposited on the upstream side of the sand bag berm due to the reduced flow velociry. Excess runoff volumes are allowed to flow over the top of the sand bag berm. Sand bag berms are used only during construction activities in streambeds when the contributing drainage area is between 5 and 10 acres and the slope is less than 15%, I.e., utility construction in channels, temporalY channel crossing for construction equipment, etc. Plastic facing should be installed on the upstream side and the berm should be anchored to the streambed by drilling into the rock and driving in "T" posts or rebar (#5 or #6) spaced appropriarely. Materials: . The sand bag material should be polypropylene, polyethylene, polyamide or cotton burlap woven fabric, minimum unit weight 4 oz/yd 2, mullen burst strength exceeding 300 psi and ultraviolet stability exceeding 70 percent. . The bag length should be 24 to 30 inches, width should be 16 to 18 inches and thickness should be 6 to 8 inches. . Sandbags should be filled with coarse grade sand and free from deleterious material. All sand should pass through a No. 10 sieve. The filled bag should have an approximate weight of 40 pounds. . Outlet pipe should be schedule 40 or stronger polyvinyl chloride (PVe) having a nominalinternal diameter of 4 inches. Installation: . The berm should be a minimum height of 18 inches, measured from the top of the existing ground at the upslope toe to the top of the berm. . The berm should be sized as shown in the plans but should have a minimum width of48 inches measured at the bottom of the berm and 16 inches measured at the top of the berm. . Runoff water should flow over the tops of the sandbags or through 4-inch diameter PYC pipes embedded below the top layer of bags. . When a sandbag is filled with material, the open end of the sandbag should be stapled or tied with nylon or poly cord. . Sandbags should be stacked in at leasr three rows abutting each other, and in staggered arrangement. . The base of the berm should have at least 3 sandbags. These can be reduced to 2 and 1 bag in the second and third rows respectively. . For each additional 6 inches of height, an additional sandbag must be added to each row width. . A bypass pump-around system, or similar alternative, should be used on conjunction with the berm for April 12, 2004 -8- effective dewatering of the work area. Silt Fence Description: A silt fence is a barrier consisting of geotextile fabric supported by metal posts to prevent soil and sediment loss from a site. When properly used, silt fences can be highly effective at conrrolling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. If not properly installed, silt fences are not likely to be effective. The purpose of a silt fence is to intercept and detain water- borne sediment from unprotected areas of a limited extent. Silt fence is used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. This fence should remain in place until the disturbed area is permanently stabilized. Silt fence should not be used where there is a concentration of wa ter in a channel or drainage way. If concentrated flow occurs after installation, corrective action must be taken such as placing a rock berm in the areas of concentrated flow. Silt fencing within the site maybe temporarily moved during the day to allow construction activity provided it is replaced and properly anchored to the ground at the end of the day. Silt fences on the perimeter of the site or around drainage ways should not be moved at any time. Materials: . Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric. The fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst strength exceeding 190 lb/in 2 , ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30. . Fence posts should be made of hot rolled steel, at least 4 feet long \vith Tee or Y-bar cross section, surface painted or galvanized, minimum nominal weight 1.25 lb/ft 2, and Brindell hardness exceeding 140. . Woven \vire backing to support the fabric should be galvanized 2" x 4" welded wire, 12 gauge minimum. Installation: . Steel posts, which support the silt fence, should be installed on a slight angle toward the anticipated runoff source. Post must be embedded a minimum oft foot deep and spaced not more than 8 feet on center. Where water concentrates, the maximum spacing should be 6 feet. . Layout fencing down-slope of disturbed area, following the contour as closely as possible. The fence should be sited so that the maximum drainage area is y" acre/IOO feet of fence. . The toe of the silt fence should be trenched in with a spade or mechanical trencher, so that the down-slope face of the trench is flat and perpendicular to the line of flow. Where fence cannot be trenched in (e.g., pavemenr or rock outcrop), weight fabric flap with 3 inches of pea gravel on uphill side to prevent flow from seeping under fence. . The ttench must be a minimum of 6 inches deep and 6 inches wide to allow for the silt fence fabric to be laid in the ground and backfilled with compacted material. . Silt fence should be securely fastened to each steel support post or to woven wire, which is in turn attached to the steel fence post. There should be a 3-foot overlap, securely fastened where ends of fabric meet. T rianRular Filter Dike April 12, 2004 -9- Description: The purpose of a triangular sediment filter dike is to intercept and detain water-borne sediment from unprotected areas of limited extent. The triangular sediment filter dike is used where there is no concentration of water in a channel or other drainage way above the barrier and the contributing drainage area is less than one acre. If the uphill slope above the dike exceeds 10%, the length of the slope above the dike should be less than 50 feet. If concentrated flow occurs after installation, corrective action should be taken such as placing rock berm in the areas of concentrated flow. This measure is effective on paved areas where installation of silt fence is not possible or where vehicle access must be maintained. The advantage of these controls is the ease with which they can be moved to allow vehicle traffic and then reinstalled to maintain sediment Materials: . Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric. TIle fabric widrh should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst strength exceeding 190 Ib/in 2, ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30. . The dike structure should be 6 gauge 6" x 6" wire mesh folded into triangular form being eighteen (18) inches on each side. Installation: . The frame of the triangular sediment filter dike should be constructed of 6" x 6",6 gauge welded wire mesh, 18 inches per side, and wrapped with geotextile fabric the same composition as that used for silt fences. . Filter material should lap over ends six (6) inches to cover dike to dike junction; each j unction should be secured by shoat rings. . Position dike parallel to the contours, with the end of each section closely abutting the adjacent sections. . There are several options for fastening the filter dike to the ground. The fabric skirt may be toed-in with 6 inches of compacted material, or 12 inches of the fabric skirt should extend uphill and be secured with a minimum of 3 inches of open graded rock, or with staples or nails. If these two options are not feasible the dike structure may be trenched in 4 inches. . Triangular sediment filter dikes should be installed across exposed slopes during construction with ends of the dike tied into existing grades to prevent failure and should intercept no more than one acre of runoff. . When moved to allow vehicular access, the dikes should be reinstalled as soon as possible, but always at the end of the workday. Rock Berm Description: The purpose of a rock berm is to serve as a check dam in areas of concentrated flow, to intercept sediment-laden runoff, detain the sediment and release the water in sheet flow. The rock berm should be used when the contributing drainage area is less than 5 acres. Rock berms are used in areas where the volume of runoff is too great for a silt fence to contain. They are less effective for sediment removal than silt fences, particularly for fine particles, but are able to withstand higher flows than a silt fence. As such, rock berms are often used in areas of channel flows (ditches, gullies, etc.). Rock berms are most effective at reducing bed load in channels and should not be substituted for other erosion and sediment control measures April 12, 2004 -10- further up the watershed. Materials: . The berm structure should be secured with a woven wire sheathing having maximum opening of 1 inch and a minimum wire diameter of 20 gauge galvanized and should be secured with shoat rings. . Clean, open graded 3- to 5-inchdiameter rock should be used, except in areas where high velocities or large volumes of flow are expected, where 5- to 8-inch diameter rocks may be used. Installation: . Layout the woven wire sheathing perpendicular to the flow line. The sheathing should be 20 gauge woven wire mesh with 1 inch openings. . Berm should have a top width of 2 feet minimum with side slopes being 2: I (H:V) or flatter. . Place the rock along the sheathing to a height not less than 18". . Wrap the wire sheathing around the rock and secure with tie wire so that the ends of the sheathing overlap at least 2 inches, and the berm retains its shape when walked upon. . Berm should be built along the contour at zero percent grade or as near as possible. . The ends of the berm should be tied into existing upslope grade and the berm should be buried in a trench approximately 3 to 4 inches deep to prevent failure of the control. Hav Bale Dike Description: The purpose of a hay or straw bale dike is to intercept and detain small amounts of sediment- laden runoff from relatively small unprotected areas. Straw bales are to be used when it is not feasible to install other, more effective nleasures or when the construction phase is expected to last less than 3 months. Straw bales should not be used on areas where rock or other hard surfaces prevent the full and uniform anchoring of the barrier. Materials: Straw: The best quality straw mulch comes from wheat, oats or barley and should be free of weed and grass seed which may not be desired vegetation for the area to be protected. Straw mulch is light and therefore must be properly anchored to the ground. Hay: This is very similar to s traw with the exception that it is made of grasses and weeds and not grain stems. This form of mulch is very inexpensive and is widely available but does introduce weed and grass seed to the area. Like straw, hay is light and must be anchored. . Straw bales should weigh a minimum of 50 pounds and should be at least 30 inches long. April 12, 2004 -11- . Bales should be composed entirely of vegetable matter and be free of seeds. . Binding should be either wire or nylon string, jute or cotton binding is unacceptable. Bales should be used for not more than two months before being replaced. Installation: . Bales should be embedded a minimum of 4 inches and securely anchored using 2" x 2" wood stakes or 3/8" diameter rebar driven through the bales into the ground a minimum of 6 inches. . Bales are to be placed directly adjacent to one another leaving no gap between them. . All bales should be placed on the contour. . The first stake in each bale should be angled toward the previously laid bale to force the bales together. Erosion Control Compost Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The Illost common uses are on steep slopes, swales, diversion dikes, and on tidal or stream banks. Materials: New types of erosion control compost are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities. Material used within any T xDOT construction or maintenance activities must meet material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at http://www.dot.state.tx.us/des!landscape/compost/specifica tions.htm that provides informa tion on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. ECC used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as an ECC, products should meet all applicable state and federal regulations, including but not lhnited to the UnitedStates Environmental Protection Agency (USEP A) Code of Federal Regulations (CFR) , Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in T AC Chapter 332, including Sections ~332. 71 Sampling and Analysis Requirements for Final Products and ~332. 72 Final Product Grades. Compost specification data approved by T xDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for ECC to ensure that the products used will not impact public health, safety, and the environment and to promote production and April 12, 2004 -12- marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerousparameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at http://tmecc.org/sra/STA_program_description.html. Installation: . Install in accordance with current TxDOT specification. . Use on slopes 3: 1 or flatter. . Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed. . When rolling is specified, use a light corrugated drum roller. Mulch Filter Berms and Socks Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, mulch filter berms and socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch fil ter berms and socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Mulch filter berms should not be used when there is a concentration of water in a channel or drainage way. If concentrated flows occurs after installation, corrective action must be taken. Mulch filter socks may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of mulch filter berms and socks are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities. Mulch filter berms and socks used within any TxDOT construction or maintenance activities must meet llmterial specifications in accordance with current TxDOT specifications. TxDOT lnaintains a website at http://www.dot.state.tx.us/des/landscape/compost/specmcations.htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. Mulch filter berms and socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used for mulch filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission Health and Safety Regulations as defined in the Texas Administration Code (T AC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing April 12, 2004 -13- requirements required by the TCEQ are defined in TAC Chapter 332, including Sections !i332.71 Sampling and Analysis Requirements for Final Products and !i332. 72 Final Product Grades. Compost specification data approved byT xDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducred on compost products used for mulch filter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for rhe compostingindustryand test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of rhe composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost ST A certification. ST A program information can be found at http://tmecc.org/sta/STA_program_description.html. Installation: . Install in accordance with current T xDOT specification. . Mulch filter berms should be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans. . Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of the height of the berm. Disperse ftlter berm or leave in place as directed. . Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should be designed to allow for proper percolation through. Compost Filter Berms and Socks Description: Compost filter berms and socks are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling sedimenttrom disturbed areas. They cause runoff to pond which allows heavier solids to settle. Compost filter berms and socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Compost filter berms should not be used when there is a concentration of water in a channel or drainage way. If concentrated flows occur after installation, corrective action must be taken. Compost filter socks may be installed in construction areas and temporaliry moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Compost filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: April 12, 2004 -14- New types of compost filter berms and socks are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOTJs construction or maintenance activities. Compost filter berms and socks used within any T xDOT construction or maintenance activities must llleet material specifications in accordance with TxDOT specification 1059. TxDOT maintains a website at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. Compost filter berms and socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as compost filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEP A) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevanr requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections !i332. 71 Sampling and Analysis Requirements for Final Products and !i332. 72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) shouldbe conducted on compost products used for compost filter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compostanalysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/nnecdindex.html. The USCCSeal of Testing Assurance (STA) program contains information regarding compost ST A certification. ST A program information can be found at http://tmecc.org/sta/STA_program_description.html. Installation: . Install in accordance with TxDOT Special Specification 1059. . Compost filter berms shall be constructed at 1-112 feet high and3 foot wide at locations shown on plans. . Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies inmlediately. Install additional filter berm material as directed. Remove sediment after it has reached 113 of the height of the berm. Disperse filter berm or leave in place as directed. . Compost filter socks shall be inS inch, 12 inch or IS inch or as directed. Sock materials shall be designed allowing for proper percolation through. April 12, 2004 -15- POST-CONSTRUCTION TSS CONTROLS Retention/lrriRation Svsteffis Description: Retention/irrigation systems refer to the capture of runoff in a holding pond, then use of the captured water for irrigation of appropriate landscape areas. Retention/irrigation systems are characterized by the capture and disposal of runoff without direct release of captured flow to receiving streams. Retention systems exhibit excellent pollutant removal but can require regular, proper maintenance. Collection of roof runofffor subsequent use (rainwater harvesting) also qualifies as a retention/irrigation practice, but should be operated and sized to provide adequate volume. This technology, which emphasizes beneficial use of stormwater runoff, is particularly appropriate for arid regions because ofincreasing demands on water supplies for agricultural irrigation and urban water supply. Design Considerations: Retention/irrigation practices achieve 100% removal efficiency of total suspended solids contained within the volume of water captured. Design elements of retention/irrigatio n systems include runoff storage facility configuration and sizing, pump and wet well system conlponents, basin lining, basin detention time, and physical and operational components of the irrigation system. Retention/irrigation systems are appropria te for large drainage areas with low to moderate slopes. The retention capacity should be sufficient considering the average rainfall event for the area. Maintenance Requirements: Maintenance requirements for retention/irrigation systems include routine inspections, sediment removal, mowing, debris and litter removal, erosion control, and nuisance control. Extended Detention Basin Description: Extended detention facilities are basins that temporarily store a portion of stormwater runoff following a storm event. Extended detention basins are normally used to remove particulate pollutants and to reduce maximum runoff rates associated with development to their pre~development levels. The water quality benefits are the removal of sediment and buoyant materials. Furthermore, nutrients, heavy metals, toxic materials, and oxygen-demanding materials associated with the particles also are removed. Thecontrol of the maximum runoff rates serves to protect drainage channels below the device from erosion and to reduce downstream flooding. Although detention faciliries designed for flood control have different design requirements than those used for wa ter quality enhancement, it is possible to achieve these two objectives in a single facility. Design Considerations: Extended detention basins can remove approximately 75% of the total suspended solids contained within the volume of runoff captured in the basin. Design elements of extended detention basins include basin sizing, basin configuration, basin side slopes, basin lining, inlet/outlet structures, and erosion controls. Extended detention basins are appropriate for large drainage areas with low to moderate slopes. The retention capacity should be sufficient considering the average rainfall event for the area. Maintenance Requirements: Maintenance requirements for extended detention basins include routine inspections, mowing, debris and litter removal, erosion control, structural repairs, nuisance control, and sediment removal. Vegetative Filter Strips Description: Filter strips, also known as vegetared buffer strips, are vegetated sections of land similar to grassy swales, except they are essentially flat with low slopes, and are designed only to accept runoff as April 12, 2004 -16- overland sheet flow. TIley may appear in any vegetated form from grassland to forest, and are designed to intercept upstream flow, lower flowvelodty, and spread water out as sheet flow. The dense vegetative cover facilitates conventional pollutant removal through detention, filtration by vegetation, and infiltration. Filrer strips cannot treat high velocity flows, and do not provide enough storage or infiltration to effectively reduce peak discharges to predevelopment levels for design storms. This lack of quantity control favors use in rural or low-density development; however, they can provide water quality benefits even where the impervious cover is as high as 50%. The primary highway application for vegetative filter strips is along rural roadways where runoff that would otherwise discharge directly to a receiving water, passes througb the filter strip before entering a conveyance system. Properly designed roadway medians and shoulders make effective buffer strips. These devices also can be used on other types of development where land is available and hydraulic conditions are appropriate. Flat slopes and low to fair permeability of natural subsoil are required for effective performance of filter strips. Although an inexpensive control measure, they are most useful in contributing watershed areas where peak runoff velocities are low, as they are unable to treat the high flow velocities typically associated with high impervious cover. The most important criteria for selection and use of this BMP are soils, space, and slope. Design Considerations: Vegetative filter strips can remove approximately 85% of the total suspended solids contained within the volume of runoff captured. Design elements of vegetative filter strips include uniform, shallow overland flow across the entire filter strip area, hydraulic loading rate, inlet structures, slope, and vegetative cover. The area should be free of gullies or rills which can concentrate flow. Vegetative filter strips are appropriate for small drainage areas with moderate slopes. Maintenance Requirements: Maintenance requirements for vegetative filter strips include pest management, seasonal mowing and lawn care, routine inspections, debris and litter removal, sediment removal, and grass reseeding and mulching. Constructed Wetlands Description: Constructed wetlands provide physical, chemical, and biological water quality treatment of stormwater runoff. Physical treatment occurs as a result of decreasing flow velocities in the wetland, and is present in the form of evaporation, sedimentation, adsorption, and/or filtration. Chemical processes include chelation, precipitation, and chemical adsorption. Biological processes include decomposition, plant uptake and removal of nutrients, plus biological transformation and degradation. Hydrology is one of the most influential factors in pollutant removal due to its effects on sedimentation, aeration, biological transformation, and adsorption onto bottom sediments. The wetland should be designed such that a minimum amount of maintenance is required. The natural surroundings, including such things as the potential energy of a stream or flooding river, should be utilized as Hlltch as possible. The wetland should approximate a natural situation and unnatural attributes, such as rectangular shape or rigid channel, should be avoided. Site considerations should include the water table depth, soil/substrate, and space requirements. Because the wetland must have a source of flow, it is desirable that the water table is at or near the surface. If runoff is the only source of inflow for the wetland, the water level often fluctuates and establishment of vegetation may be difficult. The soil or substrate of an artificial wetland should be loose loam to clay. A perennial baseflow must be present ro sustain the artificial wetland. The presence of organic material is often helpful in increasing pollutant removal and retention. A greater amount of space is required for a wetland system than is required for a detention facility treating the same amount of area. April 12, 2004 -17- Design Considerations: Constructed wetlands can remove over 90% of the total suspended solids contained within the volume of runoff captured in rhe wetland. Design elements of constructed wetlands include wetland sizing, wetland configuration, sediment forebay, vegetation, outflow structure, depth of inundation during storm events, depth of micropools, and aeration. Constructed wetlands are appropriate for large drainage areas with low to modera te slopes. Maintenance Requirements: Maintenance requirements for constructed wetlands include mowing, routine inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment removal, harvesting, and maintenance of water levels. Wet Basins Description: Wet basins are runoff control facilities that maintain a permanent wet pool and a standing crop of emergent littoral vegetation. These facilities may vary in appearance from natural ponds to enlarged, bermed (manmade) sections of drainage systems and may function as online or offline facilities, although offline configuration is preferable. Offline designs can prevent scour and other damage to the wet pond and minimize costly outflow structure elements needed to acconmlodate extreme runoff events. During storm events, runoff inflows displace part or all of the existing basin volume and are retained and treated in the facility until the next storm event. The pollutant removal mechanisms are settling of solids, wetland plant uptake, and microbial degradation. When the wet basin is adequately sized, pollutant removal performance can be excellent, especially for the dissolved fraction. Wet basins also help provide erosion protection for the receiving channel by limiting peak flows during larger storm events. Wet basins are often perceived as a positive aesthetic element in a community and offer significant opportunity for creative pond configuration and landscape design. Participation of an experienced wetland designer is suggested. A significant potential drawback for wet ponds in arid climates is that the contributing watershed for these facilities is often incapable of providing an adequate water supply to maintain the permanent pool, especially during the summer months. Makeup water (i.e., well water or Inunicipal drinking water) is sometimes lIsed to supplement the rainfall/runoff process, especially for wet basin facilities treating watersheds that generate insufficient runoff. Design Considerations: Wet basins can remove over 90% of the total suspended solids contained within the volume of runoff captured in the basin. Design elements of wet basins include basin sizing, basin configuration, basin side slopes, sediment forebay, inflow and outflow structures, vegetation, depth of permanent pool, aeration, and erosion control. Wet basins are appropriate for large drainage areas with low to moderate slopes. Maintenance Requirenlents: Maintenance requirements for wet basins include mowing, routine inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment removal, and harvesting. April 12, 2004 -18- Date updated: 3/27/2013 Port Alto Construction Project Schedule Activitv Date Comments Provide draft construction 3/14 Co. review manual to Calhoun Co. Provide 100% construction 3/20 1 wk prior to Commissioner Court manual to Calhoun Co. (Ce) Commissioner's Court 3/28 Project Manual Approval by Co. Bid Notice for Newspapers 3/29, 11 AM Notice needs to be submitted to papers for Saturday Publication Bid letti ng 3/30 Place bid notice on TX (project goes out for bid) Marketplace, construction lead websites (F.W.Dodge & Builders Exchange) Mandatory pre-bid meeting 4/9, 10:00 AM County Commissioner Precinct 1/3 24627 State Highway 172 Port Lavaca, TX. 77979 Deadline for questions 4/24 Last day for posting addenda 4/26 Bids due: 5/1, Wednesday 10:00 AM 4 weeks for bids Honorable Michael J. Pfeifer, Bid opening will be at: Calhoun County Judge Calhoun County Courthouse, 211 S. Ann St., Ste. 301, County Judges Office, 3'd Floor, Port Lavaca, TX 77979 Room 301, Port Lavaca, TX 77979 10:00 a.m. CST, May 1, on Wed. 5/1 at 10 AM. 2013 Complete bid evaluations and 5/15 14 days for bid evaluation conduct Bird Nesting Survey Provide Contractor 5/16 1 wk prior to Commissioner Court Recommendation to Co. (Ce) Commissioner's Court 5/23 Co. approval of contractor Notice to Proceed (NTP) 5/31 Or sooner Substantial Completion 11/15 24 weeks for construction (includes 2 weeks mobilization for contractor from NTP) Final Completion 11/29 2 weeks for project close-out 8 ft Port Alto Beach Shoreline Restoration and Wetland Conservation Project Calhoun County 4ft This construction project was funded with qualified outer continental shelf oil and gas revenues by the Coastal hnpact Assistance Program, Fish and Wildlife Service, U.S. Department of the Interior. u.~ FlSlI&WILnl,n<R SEUVICE , . . , , . I , , . ! . , I --....~........ ~*"""~ -r: ,/ , / I I ' I , ~ , .....,- ......,... , , , , , , " , . \/ ,\ Ij \ (' \ \ \ \ \ .. " \, "/' . "". -~'~, \ Y " -' .'\"'- ,. \"~'M\ ,,/"" '\ "If " , y .,.- '.'1" , I , . I '. I . I .....~ . l ,] ,0<1 ~" ('0 lr\ .", 'lJ,:::1:::7 IT1 f\ 0'. " N ~Q "VI l ~ ~I <11 I'> .\ ~\ o --~ ,~,' ~/- r , , ',iI 'll i , , , I , , ., I , , ,I <, ;~'" ............. , i -", , \ t ~ '" " j o C " r I)j if, 1:> r' IV 11" V' WORK ORDER NO. 02-5109-999-W03 BETWEEN CALHOUN COUNTY AND ATKINS NORTH AMERICA, INC. FOR SERVICES AT PORT ALTO BEACH AND AUTHORIZE COUNTY JUDGE TO SIGN. TOTAL COMPENSATION WILL NOT EXCEED SEVENTY-FIVE THOUSAND FIVE HUNDRED SEVENTY- FIVE DOLLARS ($75,575.00): Commissioner Lyssy: Is this for engineering? Commissioner Fritsch: Yes. A Motion to approve Work Order No. 02-5109-999-W03 between Calhoun County and Atkins North America, Inc. for services at Port Alto Beach and authorize County Judge to sign (total compensation not to exceed $75,575.00) was made by Commissioner Lyssy and seconded by Commissioner Fritsch. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. WORK ORDER No. 02-5109-999-W03 UNDER PROFESSIONAL SERVICES PROVIDER CONTRACT Pursuant to the Professional Services Provider Contract (Contract) between Calhoun Couuty (County) and Atkins North America, Iuc. (Provider), Provider is authorized to perform the services described below, subject to the Scope of Services, Tasks, Deliverables, Budget, and any other conditions of this Work Order (Work Order) for the Coastal Impact Assistance Program Project entitled "Port Alto Beach/Wetland Conservation and Restoration" (Project). TERM This Work Order shall be effective as of March 1, 2013 and shall terminate on or before December 31, 2013. Either party may terminate this Work Order by giving written notice to the other party, specifying a termination date at least thirty (30) days subsequent to the date of the notice. Upon receipt of any such notice, Provider shall cease work, undertake to terminate any relevant subcontracts, and incur no hllther expense related to this Work Order. Such early termination shall be subject to the equitable settlement of the respective interests of the parties, accrued up to the date of termination. SCOPE OF SERVICES Provider will support the County's efforts to address a shoreline erosion problem along Port Alto Beach on Carancahua Bay. Provider will provide the engineering management services needed for the construction of rock breakwaters/groins and beach nourislnnent at Port Alto Beach. Specifically, Provider will participate in the solicitation and selection of a construction contractor and provide engineering and project management oversight throughout construction activities. TASKS AND DELIVERABLES TASK 1- Pre-Construction Services Provider will aid the County with the selection of a construction contractor and other necessary pre-constmction activities. Provider will provide the following services: a. Prepare a bid advertisement, advertise the bid, and distribute bid documents to prospective bidders. b. Participate in a pre-bid meeting in Calhoun County to meet with potential bidders to discuss project details, answer questions, and review or clarify the scope of construction work. Provider will assemble and submit to the County a written document containing an Page 1 oflO attendees list and the pre-bid meeting minutes, listing questions and answers for distribution to all interested parties. c. Prepare up to two (2) addendum to the Project Manual (Bid Package), if needed. d. Assist the County in the review of submitted proposals for conformance with project requirements. Cost proposals will be summarize in tabulated format for comparison. Provider will assist the County in reviewing bidder qualifications and assist with contract negotiations. e. Prepare a Recommendation of Award. f. Prepare and issue a Notice to Proceed on behalf of the County. g. Conduct a bird nest survey of the project site by an experienced avian ecologist. Activities will be coordinated with the U.S. Army Corps of Engineers (USACE) and the U.S. Fish & Wildlife Service (USFWS). A letter report documenting the survey results will be provided to the County, USACE and USFWS. The results of the survey will dictate if fiuther action is required. Timeline: Task I shall be completed within six (6) weeks after the bid publication date. . Deliverables: For each deliverable, digital copIes are to be sent to the County Project Manager and Commissioner Neil Fritsch. 1. Written summary of the pre-bid meeting (submitted within three (3) business days of meeting). 2. Addendum to the bid documents, if needed (submitted within five (5) business days of the last day to submit comments/questions). 3. Bid Tabulation Summary. 4. Recommendation of Award. 5. Notice to Proceed (to be provided to the selected contractor within two (2) business days of Calhoun County Commissioners Court approval of the contractor). 6. Bird nesting letter to USACE and USFWS. TASK 2 - Construction Services The County will administer the construction contract (Contract Documents) with assistance from Provider, who will generally monitor construction progress and spot-check construction to provide reasonable assurances that the work is constructed in reasonable conformity with the drawings, general conditions, teclmical specifications, applicable permits, and the construction contract. It is anticipated that construction - including mobilization and demobilization of men and equipment - will require approximately 24 weeks. Provider will provide the following servICes: Task 2.1 - On-Site Services Provider will, with assistance from the County's on-site representative, directly observe and monitor the selected contractor's (Contractor) work to determine the progress and quality of the work, identify discrepancies, and report significant discrepancies to the Contractor and the County. Provider will provide a part-time on-site representative who will be present on average one (1) day every two (2) weeks; the County will provide an on-site representative the balance of the time during construction. The County's on-site representative will perform construction Page 2 of 1 0 observations on behalf of Provider and report directly to Provider during construction no less than once per week or on an 'as needed' basis. During construction, Provider will: 1. Document conditions within and adjacent to the project area to be used by the Contractor, including truck routes and access/staging areas - prior to the Contractor's mobilization to the site. 2. Conduct bird survey during construction. 3. Review Contractor construction submittals. 4. Conduct a single visit to the proposed Texas rock source facility to observe the 'drop test' of the proposed armor stones. 5. Attend a pre-construction meeting with the Contractor and the County at the project site. Written minutes of the pre-construction meeting will be submitted to the County and the Contractor. 6. Conduct bi-weekly site visits to spot check the Contractor's progress and construction for compliance with the Contract Documents. a. Check the Contractor's mobilization/demobilization. b. Check Contractor's work for compliance with US ACE permit and GLO coastal lease. c. Keep detailed records of the Contractor's daily operation and of significant events that affect the work, with assistance from the County's on-site representative. d. Maintain a complete construction observation logbook of each weekly progress report. e. Provide interpretation of the Contract Documents. f. Ensure record drawings and re-line plans are being kept onsite. 7. Take representative photographs of the construction and compile them in a document to photo-document construction. 8. Provide a written summary of the Contractor's progress on a weekly basis. 9. Prepare Construction Field Directives. 10. Check the construction work for substantial compliance with the drawings, general conditions, technical specifications, applicable permits, and the construction contract. 11. Conduct final completion 'walk through' with the County and the Contractor. Assist in the preparation of a final punch list and project close-out. Project close-out will consist of field verification that the project was constructed in compliance with the drawings, general conditions, technical specifications, applicable pelmits, and the construction contract. Deliverables: Digital copies of each deliverable are to be sent to the County Project Manager and Commissioner Neil Fritsch. 1. Pre-construction meeting minutes (submitted within three (3) business days of meeting; digital copy sent to the Contractor) 2. Field inspection reports and logbook (field reports to be submitted weekly) TASK 2.2 - Administration Services Provider will provide the following additional services during construction: 1. Check the work for substantial compliance with the drawings, general conditions, technical specifications, applicable permits, and the construction contract. Page 3 of 10 2. As may be requested by the County, prepate up to two (2) Change Orders for approval by the County and the Contractor. 3. Review applications for payment from the Contractor. Validate the work completed at the time of application for payment. Recommend payment or rejection of application for payment, as deemed appropriate. 4. Provide monthly financial updates and track construction expenditures and percent project completion. 5. Schedule and attend five (5) progress meetings to be attended by the County and the Contractor. Meetings will be held monthly or as deemed appropriate. Prepate meeting agendas and distribute minutes of the meetings to the County and the Contractor. 6. Schedule and attend a project close-out meeting with the County aud the Contractor. 7. Prepare a standard Completion Report at the conclusion of construction. Provider will review and approve any close-out documents submitted by the Contractor as patt of the final report. The Completion Repott, signed by a professional engineer, will include the following elements: . Project contact infotmation · Project location, design description, project details and as-built feature descriptions . Project cost work summary and work item breakdown . Construction and construction oversight cost summaty · Construction sequence, activity, problem summary, change orders and field adjustment descriptions . Miscellaneous comments/documents regarding construction . Significant construction dates . As-built drawings . Before, during and after construction photographs Deliverables: 1. Change orders, if needed. 2. Written financial updates (due with monthly progress reports). 3. Written meeting agendas and minutes (agendas due three (3) days before meetings; minutes due within three (3) business days of meeting). 4. Completion Report **Two (2) hard copies and two (2) digital copies on CD to Commissioner Neil Fritsch and two (2) digital copies to the County Project Manager (all copies due within three (3) weeks of construction completion) BUDGET The total compensation due to Provider for services provided or performed pursuant to this Work Order will not exceed Seventy-five Thousand Five Hundred Seventy-five Dollars ($75,575.00). Compensation will be based on actual costs incutTed. It is estimated that construction will require 24 weeks of project management. If the construction time period is shotter than 24 weeks, the County will be charged for 'time and materials' only. If construction Page 4 of10 administration services are required beyond the construction period, Provider will continue to provide services at a day-rate negotiated with the County. MONTHLY PROGRESS REPORTS Provider must submit progress reports electronically on or before the first day of each calendar month during the term of this Work Order, commencing May 1, 2013. All Progress Reports should be prepared in Microsoft Word@ and follow the format of the Progress Report Form, attached hereto as Attachment A. All repOlis should be emailed to the County Project Manager, as identified herein below. REOUESTS FOR REIMBURSEMENT Provider shall submit monthly invoices electronically to the County Project Manager and follow the format of the Request for Reimbursement Form, attached hereto as Attachment B. Requests for payment must be supported by documentation as required under the Contract, such as invoices, receipts, cancelled checks, statements, stubs, tickets, time sheets, and any other which, in the judgment of the County, provides full substantiation of reimbursable costs incurred. The County is not liable to Provider for any costs incurred by Provider before the effective date of this Work Order or after termination ofthis Work Order. Requests for Reimbursemeut under this Work Order must be received by the County Project Mauager not later than sixty (60) days from the date Provider incurs the expense. Notwithstanding the precediug, requests for reimbursement for expeuses incurred by any subcontractor must be received by the County Project Manager not later than thirty (30) days from the date Provider receives that invoice from a subcontractor. Failure by Provider to comply in a timely manner with these two requirements may, at the County's sole discretion, result in denial of the request for reimbursement. ACKNOWLEDGEMENT OF FEDERAL FUNDS All reports and other materials completed as a result of this Work Order must bear the following statement and the Depaliment of the Interior and County logos on the front cover or title page of such document and other materials: "This report (study, poster, etc.) was funded with qualified outer continental shelf oil and gas revenues by the Coastal Impact Assistance Program, Fish and Wildlife Service, U.S. Departmeut of the Interior." MISCELLANEOUS County Project Manager Point of Contact: Kathy Smartt Page 5 of 10 MISCELLANEOUS County Project Manager Point of Contact: Kathy Smartt SmarttGrants 1-512-800-4740 smarttgrants@sbcglobal.net Termination or Intcrruption of Work: TIle COlUlty reserves the right to halt or defer all or any portion of the work included in the Scope of Services of tins Work Order any time dUling the performance period. If such an event occurs, the parties agree that the schedule and budget may require renegotiation. Amendments to Worl{ Order: Material changes to this Work Order may be made only by agreement of the parties, in writing. In witness whereof, all parties executed this Work Order, to be effective as of the date signed by the last party. CALHOUN COUNTY A'lKIN~ ~.oRT . ^ MERICA, INC. ~--------, ~~e9 U2fl Calhoun County Judge Date of execution: tj J I - I) Page 6 of 10 ATTACHMENT A PROGRESS REPORT FORM Page 7 of 10 l PROGRESS REPORT Date: Project: Port Alto Restoration Construction Phase Work Order No. 02-5109-999-W03 Atkins North America, Inc. Point of Contact: Phone: Email Address: Task 1: Pre-Construction Services Percentage of completion: Activity completed during this repotting period: Problems or obstacles encountered during this reporting period: Plans for the next reporting period: Deliverables submitted during this reporting period: Task 2.1: On-Site Services Percentage of completion: Activity completed during this reporting period: Problems or obstacles encountered during this reporting period: Plans for the next reporting period: Deliverables submitted during this reporting period: Task 2.2: Administration Services Percentage of completion: Activity completed during this reporting period: Problems or obstacles encountered during this reporting period: Plans for the next reporting period: Page 8 of10 [0.. H " Texas General Land Office Lcgal Services Division - MC 158 PO BOX 12873 / Austin, TX 78711-2873 APR 22 2013 512-475-4308 - Scottie.aplin@glo.texas.gov Mike TRANSMITTAL OF DOCUMENTS - APRIL 18, 1~Afuoun County .Judg,,, The Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Street, Suite 301 Port Lavaca, TX 77979 RE: GLO CONTRACT No. 12-617-000-7021, AMENDMENT No.1, CIAP No. F12AF00873 Dear Judge Pfeifer: Enclosed is the fully-executed signature page for your contract document. Please do not hesitate to contact me if you have any questions. I can be reached at (512) 475-4308 or by email at Scottie.aplin@glo.texas.gov. Best reg/~s, Ii..) \~~-~ l// Scottie W Aplin, Staff ttomey GLO Legal Services Division /L- enclosures TEXAS GENERAL LAND OFFICE LEGAL SERVICES DIVISION - MC 158 1700 N. CONGRESS AVENUE 78701/PO BOX 128731 AUSTIN, TX 78711-2873 GLO CONTRACT NO. 12-617-000-7021, ClAP AWARD NO. F12AF00873 AND AUTHORIZE COUNTY JUDGE TO SIGN. THIS CONTRACT IS $2,101,271 AWARD FOR GREEN LAKE ACQUISITION: Kathy Smartt: This is to amend the GLO contract to extend the term at no additional cost. A Motion to approve GLO Contract No. 12-617-000-7021, ClAP Award No. F12AF00873 $2,101,271 Award Green Lake Acquisition and authorize County Judge to sign was made by Commissioner Finster and seconded by Commissioner Fritsch. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. SUBRECIPIENT GRANT AGREEMENT FOR CIAP AWARD F12AF00873 GLO CONTRACT No. 12-617-000-7021 AMENDMENT No.1 STATE OF TEXAS ~ ~ ~ COUNTY OF TRAVIS THE GENERAL LAND OFFICE (the "GLO" or "Recipient"), a State agency, and the CALHOUN COUNTY ("Subrecipient"), patiies to that certain Subrecipient Grant Agreement effective October 29,2012, and denominated GLO Contract No. 12-617-000-7021 (the "Contract"), now desire to amend the Contract. WHEREAS, U.S. Fish and Wildlife Service (USFWS) revised the Financial Assistance Awatd for the Project in a letter dated January 18,2013, to extend the performance period; and WHEREAS, the revised Financial Assistance A watd requires revisions to the Project Work Plan and Budget; WHEREAS, the contract requires an Attachment A-I for the Final Actual Budget; and WHEREAS, these revisions will result in no additional encumbrance of funds by the GLO; Now, THEREFORE; the parties hereby agree to amend and modify the Contract as follows: 1. Section 1.02 of the Contract, CONTRACT DOCUMENTS, is hereby amended to add Attachment A-I for the Final Actual Budget. 2. Section 3.01 of the contract, DURATION AND EXTENSION OF TERM, is hereby amended to te1minate upon completion of the Project, or on October 31, 2013, whichever occurs first. 3. ATTACHMENT Aof the Contract, WORK PLAN AND BUDGET, is hereby deleted and replaced with WORK PLAN AND BUDGET REVISION 1 attached hereto and incorporated herein for all purposes as ATTACHMENT A. 4. ATTACHMENT C of the Contract, USFWS FINANCIAL ASSISTANCE AWARD AGREEMENT TO THE GLO FOR AWARD NO. F12AF00873 dated Jn1y 5, 2012 is hereby supplemented by the USFWS Financial Assistance Award Agreement to the GLO Contract No. 12-617-000-7021 Amendment No.1 Page 1 on GLO for Award No. F12AF00873 dated January 18, 2013 attached hereto and incorporated herein for all purposes as ATTACHMENT C-l. 5. This Amendment No.1 shall be effective as of the date last signed. 6. Except as amended and modified by this Amendment No.1, all terms and conditions of the Contract, shall remain in full force and effect. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK GLO Contract No. 12-617-000-7021 Amendment No.1 Page 2 of2 , '" SIGNATURE PAGE FOR GLO CONTRACT No. 12-617-000-7021 AMENDMENT No.1 CALHOUN COUNTY LaITY L. Laine, Chief Clerk/ Deputy Land Commissioner Date of execution: If I 1'1 r) , IJAl.tAJ~~ By: tY""lv,e I 1'. P.(<",{.> Title: C.........:t1 C)tA." W Date of execution: 4vJ~1J ~LEGAL'b~ ~fN(~IV .... \ '\AGC ..) GC .' I ~;r~ : ATTACHMENTS TO THIS AMENDMENT: ATTACHMENT A: Revised Work Plan and Budget Revision I ATTACHMENT C-l: Supplemental USFWS Financial Assistance Award Agreement to the GLO for Award No. F12AF00873 ATTACHMENTS FOLLOW AttachmelltA Contmct No. 12-617~OOO~7021 Page 1 of2 WORK PLAN AND BUDGET REVISION 1 Green Lake Acquisitiol! Proiect Summary: Calhoun County is seeking $2,101,271 in 2009 State ClAP funds to purchase Green Lake, a 6,434.49 acre tract of land lying entirely in Calhoun County, Approximately 5,420 acres of the tract is an open water lake, about 864 acres is ephemerally inundated lowlands and about 150 acres is wooded uplands/coastal prairie. In addition to the~e state ClAP funds, Calhoun County is allocating the entirety of its county ClAP funds for FY09 and FYIO and a reallocation of $125,000 from FY2007 county funds toward this project, for a total counly contribution of $1,398,729. An appraisal is under review by the GLO appraisal group to ensure compliance with the Uniform Appraisal Standards for Federal Land Acquisitions. The survey was reviewed and approved by GLO survey group. Statement of Work: Task I: Execute the sub-recipient agreement with Calhoun County (October 2(12) Task 2: Purchase the tract (January 2013) Task 3: Develop and implement a management plan and install sign (September 2013) Task 4: Prepare final report (October 2013) Deliverables: Executed deed 10 days after receipt of filed copy Settlement document 10 days after ~xecution PhotograDh of signage September 30', 2013 Management Plan September 30,2013 Final Report October 31, 2013 BUDGET: Salaries/wages $0.00 Fringe $0.00 Travel $0.00 Supplies $0,00 Equipment $0.00 Contractual $0,00 Constmction $0.00 Land Acquisition $2,101,271.00 Other $,00 Total $2,101,271.00 Attachment C - 1 12-617-000-7021 Page 1 of2 .\'mllaWli.uUI'U ~ .\ '..,"~ United States Department of the Interior FISH AND WILDLIFE SERVICE Wasbington, D,C. 20240 In Reply Refer To: WSFR/CIAP/ Fl2AF00873 ~ 1 8 1013 MI'. Larry L. Laine Chief Clerk/Deputy Land Commissioner Geneml Land Office 1700 N. Congress Avenue Austin, Texas 7870] Dear Mr. Laine: An extension of tbe performance period for grant number FI2AF00873, amendment I, "Green Lake Acquisition Project," is approved under the Coastal Impact Assistance Program (CFDA # 15.668), Tbe grant performance period is May 01,20]2 through December 31,2013. This grant award is subject to the following tenns and conditions: a, Reporting requirements: 1) Financial and performance reports are required under this award, as follows: Re art Final financial & erform once re orts Re ort Period. Re ort Due Date 05/01/2012 - 12/31/2013 03/3112014 2) Requests for an extension of the repoit due date up to an additional 90 days must be submitted to, and rycelved by, this office, no later than 1 day before the report due date,. . 3) A performance report mllst contain the following: A. A comparison of actunl accomplishments with the goals nnd objectives established for the reporting period; B, ]f the goals and objectives were not met, reasons why; and C, Other important information Including, when appropriate, analysis nnd' explanntion of cost overruns or high unit costs compared to the benefit received to reach an objective. b, Grantees must comply with the Federal Funding Accountability and Transparency Act (FFATA). Additional information may be found at http://www.doi.gov/pam/financialassistance/awaI.d/index.html Attachment C-1 12-617-000-7021 Page2of2 MI'. Larry L. Lainc FI2AF00873 2 c. All Gmnt conditions identified in prcvious award letter(s) I'omain in effect Acceptancc of a Federal finllnciall\Wal'd carrics with it the responsibility to be llware of and comply with the terms and condilions of tll0 awurd, including those assurances submitted annually by your agency (http://www.doi.gov/arehive/pamfrol'msandCondltions.html). Acceptance Is defined as the start of work, drawing down funds, or accepting the aWl\I'd via electronic means. A wards arc based on tile appllelltion and Suppolting documents us submitted to and approved by the ClAP awarding agency. Please submit correspondence, amendment requests, financial !lnd performance reports and general inquiries to'FW9_ WSFR_CIAP@fws.gov. We appreciate this opportunity to work with you as the implementation of your approved State ClAP Plan project continues. Please contact Barry Gregory, Grant'Speciallst, at 703-258-3588, or me at 703-358-1783, with any questions regarding the tenns of this award, specified conditions, and/or reporting requirements. Sincerely, -~.----- ---- -----... ~ j (~- ee: Melissa Porter, GLO Martha Zottarelli, GLO Kathy Smartt, Consultant Tom Calnan, ClAP INFRASTRUCTURE DEVELOPMENT PLAN FOR MACHACEK ROCKIN M RV PARK AND CAMPGROUND: This agenda item was passed until later date. APPOINTMENTS TO CALHOUN COUNTY LIBRARY BOARD: The terms of Paula McCauley and Teresa Pilgrim have expired. Vera Wiatt and Fabian Balboa are presented for appointment to the Calhoun County Library Board. A Motion to approve the appointment of Vera Wiatt and Fabian Balboa to the Calhoun County Library Board was made by Commissioner Finster and seconded by Commissioner Fritsch. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Calhoun County Library Board Port Lavaca, Texas March 15,2013 Judge Michael Pfeifer: The Calhoun County Library Board presents Vera Wiatt and Fabian Balboa for approval by the Commissioner's Court for appointment to this Board. Vera Wiatt is replacing Paula McCauley and Fabian Balboa is replacing Teresa Pilgram. The tenus will run for the years 2013 through 2018. We would greatly appreciate you including this on the agenda of your next meeting. Sincerely, &o-~ Ryan Smiga, President Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 Match 22, 2013 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioner's Court Agenda for Match 28, 2013. . Discnss and take necessary to extend Service Agreement with Waste Management; Customer Account No. VIC-885; service address Adams & 6th Street, Port O'Connor, TX 77982 and authorize Commissioner Finster to sign. Sincerely, ~~#~ Kenneth W. Finster KWF/at P.O. Box 177' Seadrift, TX 77983' email: kenny.finster@calbouncotx.org'(361)785-3141 . Fax (361) 785-5602 EXTENSION OF SERVICE AGREEMENT WITH WASTE MANAGEMENT, CUSTOMER ACCOUNT NO. VIC- 885; SERVICE ADDRESS ADAMS & 6TH STREET, PORT O'CONNOR, TEXAS 77982 AND AUTHORIZE COMMISSIONER FINSTER TO SIGN: A Motion to approve the extension of Service Agreement with Waste Management, Customer Account No. VIC- 885 and authorize Commissioner Finster to sign was made by Commissioner Galvan and seconded by Commissioner Lyssy. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 3lelr<t5Ci ~3~& WASTE MANAGEMENT Victoria 1901 AftonSlrccl HOUS!OIl,TX, 77055 800-800~5804 Service Agreement Non-Hazardous Waste WM Agreement # Customer Ace! /I Acct.Name SIC Salesperson 80003248262 V]C~885 CALHOUN COUNTY 9999 Kimberly Fisher Name Address City State Zip CountylParish CALIIOUN COUNTY POBOX 177 SEADIUFT, TX 77983 CALHOUN Contact Telephone # Fax # Email ftf\jja Effective Date Last API Date 3/112013 Billing Information Monthly Rate 1-2 6 Yard FEL MSW Commercial Week 2x Per Week M-Th $444.17 TOTAL INITIAL FEES $0.00 This is 1101 a bill A fuel surcharge and environmental cost recovery charge calculated as a percentage of the Charge(s), will be included on your invoice.lnfomlatioll about the Fuel! Environmental Charge can be found 011 our websitc at www.wm.com/fec.jsp. State and Local taxes, if applicable, will also be added to the Charges. A monthly administrative fee of$ 4.00 per invoice will be assessed; this fee can be removed by enrolling in paperless statements and automated payments. If applicable to your account, a Recycle Material Offset (RMO) will appear on your invoice and may vary from month to month based on the recyclable material commodity market conditions. Waste Materials not to exceed an average weight of( Ibs/yard). The individual signing this agreement on behalf of customer acknowledges that he/she has read and accepts the terms and conditions of this agreement which accompany this service summary sheet and that he/she has the authority to sign on behalf ofthe customer. Contract Term for monthly rllte services is for 3 YCllr(s) from the Effective Date ('Initial Term') and It shallautomalically renew thereafter for additional terms of 12 months ('Renewal Term') unless terminated as set forth herein. Iv. ~ ~F(\j\c( 3~d'[-13 Date Customer Signature Company Signuture Printed Name Date Page I of 4 WM Agreement # 80003248262 WABTE MANAOEMEI\iI''f Service Agreement Non-Hazardons Waste Service Location: ADAMS 6TH, PORT 0 CONNOR, TX 77982 Name CALHOUN CTY PRECINCT 4 POC CountylParish CALHOUN Customer Comments ConlactName Oscar Hahn EmaiJ Telephone II Fax # Mobile II Total Initial Fees For This Location $ 0.00 Total Recurring Charges For Tbis Location $ 451.92 COMMERCIAL SERVICES uanti ' E ui ment Container Service Fee WasteT NOT APPLICABLE Fre uenc Ix Per Week Re uested Picku da Attributes WM Owns: I, Delive Base Rate $7.75 I-I Conditional (as required) Fees/Charges Container Exchange Fee $ 150.00 Removal Fee $ 150.00 Trip Charge $ 85.00 1-2 uanti I - E-u{rrlent 6 Yard FEL WasteT' e MSWCommerdtli Fre uenc 2xPerWeek Re uested Picku da M-Th Attributes WMOwns: I,Delive : I, Base Rate $444.17 Conditional (as required) Fees/Charges Container Exchange Fce $ 150.00 Removal Fee $ 150.00 Trip Charge $ 85.00 Page 2 of 4 THE I'OLLOWING TERMS AND CONDITIONS APPLY TO SOLID WASTE AND NON-REBATE RECYCLING SERVICES (INCLUDING PERMANENT, TEMPORARY, COMMERCIAL AND RESIDENTIAL) AS]\fA Y BE PROVIDED BY AFFILIATES AND SUBSIDIARIES OF WASTE MANAGEMENT, INC. (il€ COl\1PANYil€) THIS IS A LEGALLY BINDING AGREEMENT, I. SERVICES RENDERED; WASTE MATERIALS. Customer graots to Company the exclusive right, ilIld CompilllY through itself and its subsidiaries ilIld corporate affiliates, shall furnish equipment and services, to collect and disJXlsC of andlor recycle all of Customer's Waste Materia]s. Customer represents and warrants that the materials to be co!lect~d wIder this Agre~ment shall be only "Waste Materials" as defined herein. For purposes of this Agreement, "Waste Materials" means all non.hazardous solid Waste, organic waste aod Recyclable Materials (as defined in Section 12 below) generated by Customer or at Customer's Ser.'ice Address. Waste Materials includes Special Waste, such as industrial prucess wastes, asbestos-containing material, petroleum contaminated soils, treated/de-c1l3racterized wastes, and demolition debris, for \\1lich Customer shall complete a Sp~cial Waste Profile sheet to be approved by Compaoy in writing. Waste Materials excludes, and Customer agrees not to deposit or pemlit the deposit for collection of, any Waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, biohazardous, regulated medical or hazardous waste, toxic subslaoce or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, or Special Waste not applOved in writing by Company (collectively, "Excluded Materials"). Title to and liability for Excluded Material shall remain with Customer at an times. Title to Cuslomer's Waste Materials is transferred to Company upon Company's receipt or collection unless other.vise provided in this Agreement or app]icable law 2. TERM. The Tenn of this Agreement is sct fonh on the Service Summary of this Agreement. Unless otherwise specified on the Service Summary, the Term shall automatically renew for the period set fonh tberein unless either party gives to the other party writtennorice (See S ectionll(e))ofterminationatleastnillety(90)days,butnotmorethanonehundredeighty(180)days,priortotheterrninationofthe tben.existing term. Notice of termination received at any other time will be considered ineffective aod the contract will be considered automatically renewed upon completion of the th~n-existing term 3. SERVICES GUARANTY; CUSTOl\1ER TERMINATION. Ifthe Compaoy fails to perform tbe sef\~ces described within five business days of its receipt ofa written demand from Customer (See Scction II(e)), Customer may terminate this Agreement with the payment of all monies due through the termination date. lfCompany increases the Charges payable by Customer hereunder for reasons other than as set forth in Section 4 below, Customer shall have the right to terminate this Agreement by wriuen nolice to the Company no later than thirty (30) days after Company notifies Custom~r of such increase in Charges in writing. If Customer so notifies Company of its termination of this Agreement, such termination shall be of no force and effect if Company withdraws or removes such increase within fifteen (15) days after Customer provides timely notification of termination. Absent such termination, the increased Charges shal] be binding and enforceable against Customer under this Agreement 4. Cl-L\RGES; PAYlVlENTS; ADJUSTl\1ENTS. Upon receipt of an invoice, Customer shall pay for the services and/or equipment (including repair and mainlenaoce) fllmished by Company in accordance with the Charges on the Service SummaIY, as the)' may be adjusted over the term ofthis Agreement as noted herein (the "Charges"). Compaoy reserves the right to increase the Charges payable by Customcr during the Teml: (a) for any changes to, Or differences between, the actual equipment and ser.'ices provided by Company to Customer as specified on the Service Summary; (b) for aoy change in the composition of the Waste Materials or if the average weight per yard of Customer's Waste Materials cx<:eeds the amount specified on the Service Summary; (c) for any increase in or other modiflcatir;>n to its fuel or envirunmental charges, and the other Agreement or Service Fees included on the Service Summary; (d) to tover any increases in disposal and/or third party transportation costs, including fuel surcharges; (e) to cover increased costs due to uncontrollab]e cilcums fances, including, \\ithout]imitation, changes in local,staleor federal]aws r;>rregulations, imposition of taxes, fees or surcharge SDracts of God sllch as floods, fires, hurrkanes and natural disasters; and (f) no more often than annually from the Effective Date (or ifspecified on the Service SlImmaty, Customer's Last Annual Price Increase ("API") Date) for increases in tbe Consumer Price Index plus four percent of the then current Charges. Any increase in Charges enumerated in clauses (a) through (e) above may include an amOllllt for Company's operating or gross profit margin. Company also reserves the right to charge Customer additional fees if the following additional services are provided to Customer: Enclosure Charge, Services on High Demand Days, PulllPush Out Sef\~ces. Container Relo<:ation Fee, or Seasonal Restart Fee. In the event Company adjusts lhe Charges as plOvided in this Section 4, the parties agree that this Agreement as so adjusted will contillue in full force and effecl Any Customer invoice balance not paid within thiny (30) days of the date of invoice is subject to a late fee, and aoy Customer <:heck returned for insufficient funds is subject to a Non ~"mCi"nl F"mk fee, both to the maximum extent allowed by applicable law In the event that payment is not made when due, Company retains the right to suspend service until the past due balance is paid in fulL If Company reinstates suspended servicesafterreceiptofanoutstandingbalanc e,Customershall pay a reactivation fee. In the event that service is suspended in excessoffifteen (i5) days, Company may terminate this Agreement for such default and recover any equipment aod all amounts owed hereunder, including liquidated damages under Section 7. 5. CHANGES. Changes in tile frequency of collection service, schedule, number, capacily and/or type of equipment, may be agreed to orally, in writing, by payment of tile invoice or by tlle actions and practices of the parties. If Customer changes its Service Address during the Tenn, this Agreement shall remain valid and enforceable with respect to services rendered at Customer's new service location if such]ocarioniswithinCompany'ssef\'icearea 6. EQUIPl\1ENT, ACCESS. All equipment furnished by Compaoy shall remain its property; however, Customer shall have care, custody and control of the equipment and shall be liable for a1] loss or damage to tile equipment and for its contents whi]e at Customer's location. Customer shall not overload, move or alter the equipment and shall use it only for its intended purpose. At the termination of this Agreement, Customer sha1l return the equipment to Company in the condition in which it \\IllS provided, normal wear ilIld tear excepted Custom~r shall provide safe and unobstructed ac<:ess to the equipment on the scheduled tollection day. Company may suspend services or lemlinate this Agreement in the event Customer violates any of the requirements of this pro\~sion. Customer shall pay, ifcharged by Compaoy, an additional fee for any sef\'ice modifications caused by or resulting from Customer's failure to plOvide access. Customer warraots that Customer's property is sulftcient to bear the weight of Company's equipmenl and vehicles and that Compaoy shall not be responsible for any damage to the Customer's pavement or aoy other surface resulting from the equipment or Company's sCf\'ices 7. LIQUIDATED DAMAGES. In the event Customer terminale.s this Agreement prior to the expiration of the Term for any reason other thao as set fonh in Section 3, or in the evenl Company lellninates this Agreement for Customer's default, Customer shan pay the following liquidated damages in addition to the Company's legal fees: (a) if the remaining Term under this Agreement is six or more months, Customer shall pay tile average of its six most recent montldy Charges multiplied hy six (or, if the Effective Date is witbin six months ofWM's last invoice date, the avemge of all monthly Charges); or (b) if the remaining Term under this Agreement is less lhan six montbs, Customer shall pay the average of its six most recent monthly Charges multiplied by the number of months remaining in the Term Customer shall pay liquidated damages of$]OO for eveIY Customer waste tire thaI is found at the disposal facility. Customer aeknowledgeslhat the actual damage to Company in the event ofterrnination is difficult to fix or prove, aod the foregoing liquidated damages amount is reasonable and <:OlllJl\ensurate witll the anticipated loss to Compaoy resultiug from such termination aod is an agreed upon fee and is not imposed as a penalty. 8. INDEMNITY. The Company agrees to indemnify, defend and save Customer, its parent, subsidiaries, aod corporale affiliates, harmless from aod against aoy and aI] liability which Customer may be responsible for or pay out as a result of bodily injuries (including dea th),property damage, or any violation or alleged violation of]aw, to th e extent caused by any negligent act or omission or willful misconduct oflhe Compaoy or its employees, which occurs (a) during the collectiou or transportation of Customer's Waste 1\faterials, or (b) as a result of the disposal of Customer's Wasle Materials in a facility owned by tile Compaoy or a Waste Management company, provided that the Company's indemnification obligations \vill not apply to occurrences involving Excluded Materials Customer agrees to indemnifY, defend aod save the Company, its parent, subsidiaries, wrporate affiliates and their joint venture partners, barm]ess fTOm and against any aod aI] liability \..nich the Compaoy may be responsible foror payout as a result of bodily injuries (including death), property damage, or aoy \~olation or alleged violation of law to the extent caused by Customer's breach of this Agreement or by any negligent act Or omission Of \villful misconduct of the Customer or its employces, agenls or contractors or Customer's use, operation or possession of any equipment furnished by the Compaoy. Neitiler party shall be Iiab]e to the other for consequential, incidental or punitive damages arising out oflhe performaoce Or breach of this Agreement 9. RIGHT OF FIRST REFUSAL. Customer grants to Company a right of first refusal to match any offer relating to services similar to those provided hereunder \..nich Customer receives (or intends tt> make) upon termination of this Agreement for any reason and Customer sball give Company prompt written notice of any such offer and a reasonable opponunity to respond to it 10. NO CLASS ACTION. WITH RESPECT TO ANY MATIER PERTAINING TO THlS SERVICE AGREEMENT, NEffilER CUSTOMER NOR COMPANY SHALL JOlN OR CONSOLIDATE CLAIMS BY, OR AGAINST, OTHER CUSTOMERS, OR PURSUE ANY CLAIM AS A REPRESENTATIVE OF ORIN A CLASS ACTION ORIN A PRIVATE ATIORNEY GENERAL CAPACITY. II. MlSCELLANEOUS. (a) Except for the obligation to make payments hereunder, neilher party shall be in default for its failure to perfonn or delay in perforrnaoce caused by events or significant threats of events beyond Its reasonable control, \..nether or not foreseeable, including, but not limited to, strikes, labor trouble, riols, imposition ofla\\'S or govemmental orders, fires, acls ofwer or terrorism, acts of God, and the inability to obtain equipment, and the affected party shall be exeused fTOm performance during the oceurrence of such events. (b) This Agreement shall be binding on and shall inure 10 the benefit of the parties hereto and their respective successors and assigns. (c) TIlis Agreement represents the entire agreement between the parties and supersedes any and all other agreements for the same services, whether \vriUen or oral, that may exist between the parties. (d) This Agreement shall be construed in accordance with the law of the state in nflich the services are provided. (e) All \vritlen notification to Company requi.ed by this Agreement shall be by Certified Mai], Return Receipt Requested. (f) Ifany provisiDn of this Agreement is declared invalid or unenforceable, then such provision shall be severed from aod shall not affect the remainder of this Agreement; however, the parties shall amend this Agreement to give effect, to the maximum extent allowed, to the intent and meaoing of tile severed provision. (g) In the event the Compaoy successfully enforces its rights against Customer hereunder, the Customer shall be required to pay the Company's attorneys' fees and court costs 12. SPECIFICATIONS FOR RECYCLABLE MATERIALS. Single stream, commingled recyclables will tonsi51 ofrecyclab]e glass, aluminum, cans, plastics and papers, are as follows: aluminum food and beveragecolltainers: glass food and beverage containers, ferrous (iron) c ans;plastics with symbo]s #1 through #-7; any paper Of cardboard without wax liners. Any materials no tsetforthaboveare unacceptable ("Unacceptable Materials") AI! glass containers, tin cans, bi'metal cans, aluminum cans, aerosol cans, aod plastic containers must be empty; All fiber must he dry and free offood debris and olher contaminating materia]; aod Tissues, paper towels or other paper that has been in contact v"ith food is not acceptable. All separated paper shall meet the standards set forth in the most current ISRI Scrap Spedfications Circular, available upon request Recyclables may tontain up to 5% Unacceptable Materials, pro\ided however, Recyclab]es may not (a) contain Excluded Materia]s; (b) contain chemical or other properties which arc deleterious Or capable of causing material damage to any part of Company's property, its personnel or the public; and (c) shall not materially impair the strength or tbe durability of the Company's structures or equipment. Company reserves the right at its sole discretion upon notice to Customer to discontinue acceptance of any categoIY of Recyclable Materials set forth above as a result of market conditions related to sllch Recyclab]e Materia]s aod makes no representations as to the recyclability of the materials set forth above. Loads not meeting the Specifications for Recyclab]e Materials maybe rejected in \..noleorin part by Company. Page 3 of 4 IN ADDITION TO THE ADOVE, THE FOLLOWING TERMS AND CONDITIONS APPLY TO I. Aerasol, Ballast, DattHY, Deutal Material, Electronics, Fluorescent Lamps, Medical Waste, aud Mercury Rec}'c1inglDisposal Senices, and Mail-Back luk Clll"hidge, Toner, Bollle, Cans, and PapcrRecycIlngSenices SPECIALTY SERVICES. Capitalized terms used herein shall have the meaning ascribed above, unless otherwise indicated. "Specialty Services", as used herein, include the following Comp!lllY products/services; aerosol, ballast, battery, dental malerial, electronics, fluorescent lamps, medical waste, and mercury recycling and/or disposal Se1\1CeS, and mail back recycling Se1\'ices!llld the container applicable 10 each of the Specialty Services (lhe "Container"), Subje<:t to these Terms,!IIld the limitations herein, Company will (a) treat, process, recycle and/or dispose of the Customer's Acceplable Waste in accordance with federal, slate and local laws and regulalions; and (b) prepare and process legally required papem'Ork. The Container may only be used for lhose materials as indicated on Ihe Container (Ihe "Acceptable Wasle"). For any questions regarding or complying with lhese Tcrms, or a detailed lisl of Acceptable Waste eligible for shipping in each Conlainer, please visit \V\V\v.wm,COlll or call ]-800.664~]434 2, ItETURNS, IfCuslomer does nol accepllhese Terms, Cuslomer may noluse the Conlainer or the Service-s, However, Customer may return a Conlainer withinlen (10) days (Ihe "Return Period") from the day Customer re<:eived the Container by doing one of the following during the Return I'eriml: (a) return the Conlainer to lhe place of purchase; or (b) conlact Company althe phone number noted above and complete all relum instructions J, LIMIT ON A VAILA8ILIT\', Sneciallv Senices are onlv avallab]e as shllwn and certain Ilfthe Snecialtv Senices are not available fill' use in certain States as follows ("Prohibitcd Stales"l: Fi~T;Re~Y~li~groiSPos^~i's;;':rl~;;'^ r~~~~;rco-;''i;i~''~;~'' lB~llll'>i';'-' ..~, lBaii~rl~~~ ti5c-;'ia[Maleriar"~ _.w..._ lEi~~tr~~T~~m' 1B~'iii~-:'Can~ ~dPa;;~-~" [lamp~'''''-----''^,--- ~edicatWasi; !M~~curV _~_~~~~~;~~i"T~ne~ _ _ ,,_,__ __ '-":m ____.. ., ~:t~~~~:i~~~"~:';;~:~~::;:;;~:I~;I~~~:::~ ;~~~f:c~~:~;':'?~~~~~~;:;~t=t:;~:;;'~'~-d ;;;-c'^h's~;~i~-; is fu.1'h;;:p;:~bibi;;;'d' ~;:';~-i-i;icted' "_I ~;f;~~:~'~I~nn;;'ii;~i;~'i~in;-;'~'i;;~a~h;seit~';r;'T~~';:~~i~:N;~~-H~-;.~r;sb-i~:N~';;'Y~;:kj:;;~~~yi;;;;i~:Ril~.i;'l;i;;'ld;';;:;;;;'~;;t"-' m[!i\i~T~..;.......,--."---^,,_m.........,............-.'m_..w...-''___.......''"..__..'..............'............n"....__...m__''''''..''....................."..____.........._...__...._....____'^""...."........."".___....'^'''".....................WM''_..'__'..................""....,,,.._____ l[ii.'i~ine . ".", .. --'I fA..;:ka~;s~--C~;;~e~-if~~t;...~i-;;i~e:Kiinn~~~i;;'-N;'w J\i;;i~'~'N;;~;-H-;;;;;~'ihi.~;RiI~d;.I;I;;;IL';-i-l:;;i;;i.;.~n"d \i..,:~;~;;t.- 1 i~l;in;...'.........."-.--".......--"M............-."..,,--.....,,w..__..........n..~'__...______.m.........,,______..__~~m__......................____...._w,..__..........."......."..____...............__'n____.. ........__....__....._......__.._ 11N;~e --.~-- " ........ ----...-----.. ...,..- ".. .mllil~j~'e'^'-- ,,_..... -----....--,-- ..,,----. ".-.. IIN~~~~'"^''' -11~i~il\e ,^'__ __l!~-;;'ne-----'-" I ~ I I ~I ~ ..~: -----,,----, 1 ~. I ]t is a violation of]aw to ship the Container to, from or through any of the Prohibited States. Company reserves lhe right to nmdify the list of Prohibited Slales al any rime. 4. TITLE TO, AND RISK OF LOSS FOR, CONTAINER AND CONTENTS. Unless and until Company rceeives and accepts lhe Container: (a) title tlland risk oflllss oflhe Container and its contenls shall remain wilh Customer; and (b) Customer is solely responsible for the contents of the Container. S, EXPIRATION OF CONTAINER; UNUSED CONTAINERS. Each Container must be received by CompllIly by the expiration dale printed on lhe Containcr ("Expiration Dale") if an Expiralion Date is indicated. Company has no obligation after the Expiralion Date even where the carrier identificd on a Prepaid Label fails or refuses to ship the Container. Company shalluot be obligated tll pro\1de Cuslomer a refund for expired, unused Containers 6, PACKAGING. CllSlomershall pack and seal the Container in accordance with the instructions included wilh the Container and any additional inslructions lhat Company may send 10 lhe Customer or posl on the Company Web Site prior 10 shipment of the Container by Customer (Ihe "Instructions"), Cuslomer shall pack in the Container only Acceptab]e Waste, and shall exclude IlIlY and all Nlln.Co:mfolllling Wasle,lI'l defined below 7. SHIPPING. Customer shall comply with aU Instruclions relaled to shipping, Cuslomer will have received a prepaid return shipping label (the "Prepaid Label") with lhe Container. TIle Container may nol be shipped from any Prohibited State. Bolh the Inslructions and Prepaid Label(s) lllay be obtained al w\V\v,wm.com or by calling ]-800-664-]434. Company shall not have any responsibility or Ilability with respect to any maUerrelated 10 either a carrier collecting or shippin gtheContainer. 8, ADDITIONAL SHIPPING CHARGES, (a) Customer shall remain responsible for all Charges of shipping the Conlainer 10 Company, including, without limitation, increases imposed by the shipper after ClIStomer has purchased a Prepaid Labe], If the shipper identified 011 the Prepaid Label willnof ship lhe Containcr, Company's sole obligation will be III refund to Customer the aclual shipping charge received by Company. This obligation is conditioned upon receipt ofwrittell request for such refund prior to six (6) months from the dale Customer purchased or received the Conlainer. (b) Cuslomer remains responsible for aU Charges relating 10 exceeding the weighl ]imils applicable ta the Container. If Customer selects a monthly Charge, additional Charges will be applied shauld weights or frequency of shipments exceed the limitations of Customer's requested manthly service. (c) ClISlomer agrees to allow Company to charge Customer's credil card for additional shipping Charges as indicaled above, whether or not Customer selecls monthly Services or a one-lime purchase ofa Conlainer. 9. ACCEPTABLE WASTElNON.CONFORMING WASTE/ADDITIONAL CHARGES. Customers mllst che.:k WIV\V.\\'llLCOm for updales to this list prior to Initiating a shipment ofa Container in order to ensure that only Aeceplable Waste is shipped in the Container_ Materials olher than the Acceptable Waste indicated as eligible for shipping in cach Container, and material having constituents, characteristics, components or properties not included withinlhe list(s) of Acceptable Wasil.' for each Container shall be "Nol\.Conforming WlI'lte." (II) Special T..rms Applirable to Medical WlIste Serviccs: Ouly R..gulaled Medical Wast.. (lIS defined hCl'ein) lJualilies as Acceptable Waste for the purposes GfMedWast.. Tnlckel- S..n'iccs. "Regu]ated Medical Waste" includes but IS not limited to sharps. gauze, bandages, containers, tubing, blood, blood producls, trace chemotherapy waste, tissne, specimens generated in the course of diagnosis and medical treatment Or medical waste as defined hy CllStomer's State medical wasil.' regulations Or the OSHA B1oodbome Pathogcn Slandard (29 CFR ]9]0.1030). Customcr shall, prior tll shipping, provide to Company accurate and comp]ele documents, shipping papers or manifests as required for the lawful lransfer of tile Regu]ated Medical Wll'>te under all applicable fedcral, stale or local laws, "Non-Conforming Waste" for the pllrposes ofMedWaste Tracker Services means: (I) any waste or other matenal not falling within the definitian of Regulated Medical Waste including complele human remains and abortion products; (2) radioactive waste; (3) any chemica] waste IIlld any hll7.<1rdous wasle; (4)containersthalaredamaged,le akingorcou]dcauseharmo!exPOsuretoemployees,lhegeneralpublicorolhers;(5)wastethathasbeenincorrectlyidentified, labeled and/or segregated; (6) allY wasle or device containing mcrcury including amalgam, vacuum pumps and other medical devices; and (7) pharmaceutical waste (exeepl ""hat is accepted WIder a Company pharmacenlical displlsal program). (b) Special TCI'ms Applicable to Aerosol Container Sel"Vices: Only ee,.tain aemsol ran~ qualify ll'> Acceplable Wnste, and Aer.osol Container Sen1ces al'e unly available fill' use by a household or a Cllnditiollally E~empt Small Quanlity G..nCl'alor as ce,iified tll Cnmpany's r..asouoble satisfaction ("CESQG"), "Non-Conforming Waste" forthe pnrposes of Aeroso]Tracker Services includes, bul is not limited tu, those examples of AerosolTracker Services Non.Conforming Waste contained an Exhibit A below. (c) Special Terms Applicable tll D..nlal Malerill] Senices: D..ntal Malerial Senices are only available for IIse by a CESQG, all Acceptabl.. Waste must be disiJlfeeted, and no mllre than nelllb of elemenlal merwry may b.. placed in the Container., (d) Special Terms Applicahle tll M..rcury Services: Unless spe.:ifically approved by Company,No more than nct lib of elemental mercury may be placed in lhe Container. (e) T....ms/Charg..s Applicable tll Non.Canfllrming Wast..: If Company determines that any Container contains Non-Conforming Waste, Company may, I'll ils sole discrelion, and al Cuslomer's sole cost and expense: <il rejecl the Container and return il to Customer; (ii) relum the NOn-Conforming Waste 10 Customer; or (iii) treat, process and or dispose ofthe contenls ofthe Conlainer. Cuslomer shall be liable for any and all costs associated wilb Non-Conforming Waste. Company (or any contractor of compllllY) shail not take tide 10 Nou-Confomllng WaSil.', and title to Non-Conforming Waste shal] always remain with Cuslomer. 10. CHARGES FOR FAILURE TO COMPLY WITH TERMS AND INSTRUCTIONS; CHANGED CONDITIONS; AND ADDITIONAL SERVICES. Company reserves the right 10 charge or biil Customer additiollal amounts for any of the following: (a) any Container exceeding its specified maximum weigh!; (b) shipping malerials in the wrong Container, or mixing malerials in a Container; (c) additional shipping Charges beyond lhe amounts prepaid for any Prcpaid Label; (d) any costs or expenses incurred by Company as a result ofCuslomer's failure to comply wilh these Terms or the Instructions, other than the usual and customary costs of Company in the perfomlance of the Tracker SelVices; or (e) any cosls related to changes in applicable law occurring after the date ofpurehase of the Conlainer. 11. WARRANTY, Company warrants, except where Tracker Services are uscd in Prohibitcd Stales, as follows: (a) the Container has passed, and meels or exceeds the applicable performance standards of federal, state and ]ocal regulalions; and (b) if the Conlainer is packed, sealed and shipped shiclly in accordance wilh the Inslruclions, it is adequate to transport Acceptab]e Waste to the processing facility from authorized points under ordinary commercial shipping condiliollS. Other than as expressly warrantcd herein, the Specially Se1\1ces ale provided "as is," and Company disclaims any and all warranties, express or implied, including, but not limiled to, implied warranties of merchantability and fitncss for a particular purpose, Cllstom....warrants that it wilinG! ship any Nlln-ConfOl.ming Waste in Ille Ollltaine,. and that Customerwill oth..nvise complrwith these Terms and all Insh.uctions. EXHIBIT A - Ellnlllples Ilf Aerosol Sen1ces Non-COIlfol"lnlug Wastes (I) Aerosols that are not in good condition (e,g, damaged, corroded, punctured, leaking, or crushed); (2) Aerosols wilh labels that are missing, covered, illegih]e, or obscured; (3) Aerosols with a capacity of grealer than] liter (1000 ml); (4) Producls that are nollrue aerosols (i.e, non-retillable cylinders containing a gas under pressure, used solely to expcl a liquid, paste, or powder from lhe cylinder lhrough a self-dosing release device), Examples ofprohibifed non-aerosols include: Pump sprays; Oxygen canisters; Signal horns; Non-pressunzed self-defense sprays; Liquefied petroleum gas ("LPG") cylinders; Gas for powering toy pelle! guns; Other cylinders conlaining gases only; (5) Aerosols that are specially regulated or not authori7.cd for receipt, including: CFC-containing products (e,g" certain inhalers and refrigerants); Expanding foalll products (e.g., insulatioll foam); PCB-conlainlng products (e.g" certain paints, peslicides, or adhesives lhalare greater than 25 years old); Pepper sprays; Pestiddeslherbicides that are not intended for household use or that have labels "mlch do nol authorize recycling of used aerosol cans; Silicone gll'lkel-makerproducls; Tear gas cartridges or devices; Zinc-based painlsfprimers/coatings (e,g"zinc-rich co]dgalvanizillg sprays); (6 ) Industrial or other aerosols tl1ll1 da not have potenrial COnSUmer uses; (7)Aerosolslh~tdonothavetops,caps,orlidslhatarecapab]eof preventing accidenla] discharge during transport and relaled handling (e.!:-, aerosols designed with a !emavable cap iflbe cap is missing); (8) Aerosols that are discarded by facilities in any of the following industries; (a) petroleum refining, (b) chemieal m!lllufactunng, (c) coke by.product recovery, or (d) treatment, slorage, or disposal facilities handling ben7.cne wasles from any of these three industries. Customers should check the Web Sill.' for updates to lhis ]isl prior III initiating a shipment ofa Conlainer in order tll ensure that nll Non-Conforming Wastes are shippcd in die Container. Page 4 of 4 Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 March 22, 2013 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item ou the Commissioner's Court Agenda for March 28, 2013. . Discuss and take necessary to extend Service Agreement with Waste Management; Customer Account No. VIC-15453; service address Highway 185, Port O'Connor, TX 77982 and authorize Commissioner Finster to sign. Sincerely, ~:v,~~ Kenneth W. Finster KWF/at P.O. Box 177 . Seadrift, TX 77983 . email: kenny.finster@calhouncotx.org' (361) 785-3141 . Fax (361) 785-5602 EXTENSION OF SERVICE AGREEMENT WITH WASTE MANAGEMENT, CUSTOMER ACCOUNT NO. VIC- 1543; SERVICE ADDRESS HIGHWAY 185, PORT O'CONNOR, TEXAS 77982 AND AUTHORIZE COMMISSIONER FINSTER TO SIGN: A Motion to approve the extension of Service Agreement with Waste Management, Customer Account No. VIC- 1543 and authorize Commissioner Finster to sign was made by Commissioner Fritsch and seconded by Commissioner Galvan. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. WADYE MANAGEMENT Waste Mallagell1elll of South Texas 1901 AftollSlreel Hou,ton, TX, 77055 800-800,5804 Service Agreement Non-Hazal'dous Waste WM Agreement # Customer Aecl if AeeLName SIC Salesperson 80003247695 VIC-15453 CALHOUN COUNTY 9999 Julie Reznicek Name Address City State Zip County/Parish CALHOUN COUNTY PO BOX 177 SEADRIFT, TX 77983 CALHOUN Contact Telephone # Faxff Email EffeetiveDate Last API Date 3/112013 Billing Information Monthly Rate Quantity I Equipment 6 Yard FEL Waste Type MSW Commercial Frequency Ix Per Week Requested Pickup day M Initial Fees & Charges Delivery Charge TOTAL INITiAL FEES $ 150.00 $ 150.00 This isnola bill A fuel surcharge and environmental cost recovery charge calculated as a percentage of the Charge(s), will be included all your invoice, Information about the Fuel! Environmental Charge can be found on our website at www.wm.comlfecJsp. State and Local taxes, if applicable, will also be added to the Charges. A monthly administrative fee of $ 4.00 per invoice will be assessed; this fee can be removed by enrolling in paperless statements and automated payments. If applicable to YOllr account, a Recycle Material Offset (RMO) will appear on your invoice and may vary from month to month based on the recyclable material commodity market conditions. Waste Materials not to exceed an average weight of ( lbs/yard). The individual signing this agreement on behalf of customer acknowledges that he/she has read and accepts the terms and conditions of this agreement which accompany this service sunul1ary sheet and that he/she has the authority to sign on behalf of the customer. Contract Term for montW)' rale services is for 3 )'ear(s) from Ihe Effective Date ('Initial Term') and it shall automallcallJ rellew thereafter for additional terms of 12 months ('Renewal Term') unless terminated as set forth herein. - k.J, ~~ ?:>~J~~13 Customer Signature Printed Name Dale Company Signature Printed Name Date Page 1 of 4 WM Agreement H S0003247695 WASTE MANAtlIEMENT Service Agreement Non-Hazardous Waste Service Location: HIGHWAY 185, PORT 0 CONNOR, TX 77982 Name PORT OCONNOR CO:MMUNITY CENTER CountylParish CALHOUN Customer Comments ContaetName JACKIE HALLS EmaiJ TclephoneH Fax# (361) 785-3141 Mobile # Total Initial Fees For This Location $150.00 Total Recuning Charges For This Loc."Il1on $188.63 COMMERCIAL SERVICES uanti( ui ment 6 Yard FEL WasteT MSW Commercial Fre uenc Ix Per Week R uested Picku da M Attributes WM Owns: I, Delive : 1, Base Rate $188.63 I-I Initial Fees/Charges Delivery Charge $ 150.00 Conditional (as required) Fees/Charges Container Exchange Fec $ 150.00 Removal Fee $ 150.00 Extra Pickup Fee $ 57.54/Lin Overage Charge $ 50.00 Delivery Charge $ 150.00 Page 2 of 4 TIlE FOLLOWING TERJl.IS AND CONDITIONS APPLY TO SOLID WASTE AND NON-REBATE RECYCLING SERVICES (INCLUDING PERi\IANENT, TEMPORARY, COi\IMERCIAL AND RESIDENTIAL) AS !\.-L\.Y BE PROVIDED BY AFFILIATES AND SUBSIDIARIES OF WASTE MANAGEJ\JENT, INC, (ae COMl)ANYaf) THIS IS A LEGALLY BINDING AGREEi\1ENT, I. SERVICBS RENDERED; WASTE MATERIALS. Customer graUls to Company the exclusive right, and Company through itlelf and ils subsidi:uie, and cofJlOmte affiliates, slmll fumish equiplllcnt llld servi~e" to collect aud dispose of :Illdfor recycle llll of Customer's Waste Materiall. Customer reprcseHts and warrants that the matcri,lls to be ~ollccted under Ihis Agreement shall bc ouly "Walle M'llerial," as dcfmed herein. For purpmes oflhis Agreement, "Waste Matcrials" lHeans allnon-lmzardous solid waste, organic waste and Rccyclable Malerials (as defined in Scction 12 below) generated hy Cuslomeror at Customcr's Service Address. Wasle M<lterials includcs Special Wastc, such as industrial process wastes, asbe,tos.cont;liniug material, pctroleum COnlalllinated ,oils, lrcatedfde-cJl<lmc1crized waste" and demolition debris, for which Customcr shaH complete a Special Wastc Profile sheet to be approl'ed by ComplllY in writing. Waste 1\'latcri:lls excludes, :lIId Cu,tomer :Igrces uot to deposit or permit the deposit for collection of, any waste tircs, radioactive, I'ol:ltile, corrosi\'e, flammable, cxplosive, biomedical, infectious, biohazardous, regulated medic<ll or Imzardous waste, toxic subst:mcc or materia], as defined by, characterizcd orli,ted undcr applicable fedeml, 'tate, or local law, orregul:ltions, or Sped;d Waste not apllrol'ed in writing byCompallY [COllCdil'dy, "Excluded Materials"). Title to and liability for Excludcd Materia] ,hall remain with Customer al all time,. Title to Customer's W:l-5tc I\Iaterials i, l!all-5ferred to CompUl'y upon Comp,my's receipt or eollection ulde" otherwise provided In tbi, Agr~emcHlorapplic<lhlclaw. 2. TERM. The Tenn of Ibis Agreemenl is set fonh 01' the Serl'ite Sumnwf)' Oflhi, Agreemcllt. Uubs othcnl'ise specifi~d 011 the Serl'ice Suuuuaf)', the Tenu shall automatically renew for the period sel forth therein un1ess cither party gives to Ihe othcrp"rty written 1l01ice (Se eSectionll(el)oflemlluatiou;ltle<lslninetj'('JOldays,blllnotmore thall Olle nundred cighty (180)days, priocto the tenuination 0 fthc then-e~isting tcnu. Notice oftcrmination received at any othcr time will bc considered ineffective and the ~olltracl will be considered automatkally renewed upon completioll of the then.cxisting term 3. SERVICES GUARANTY; CUSTOMER TERMINATION. If the Company fail, to perronu the ,en'ices dcscribed within fil'e business days of its ceceipt Of;l written demand from Customcr (See Section II(el), Customcr may temlin:,te this Agreemcnt witb th~ p"ymelll of all monics due through thc termination date. If Company lll<'rease, Ihe Charge, payable by CU>tomer hcnwnder for reasons other than as set forth in Scction 4 below, CUstomec shall hal'e the right to tennlnate this Agreement by writtennotlce to thc Company no latcr than thirty (30) days aftcr Comp"n)' notifics CU>tomer of suth incre<lse in Charges in writing. If Cnstomer so notifies Company of its temlination of this Agrecment, such IClluination ,hall be of no force alld cffect if Complmy withdraws or r~mOl'e, such iunease withiu fifteen (15) days aftec Customer prol'ides timely notific<ltion of temlination. Absent such tennination, the incrcased Charges shall be binding ~md enforceahle against Customcr nnder this Agrecment. 4. CHARGES; PAYMENTS; ADJUSTMENTS. Upon r~ceipt of an inl'oice, Customer sh<lll pay for the services iUld/or equipmcnt (including rcpair and maintellallce) furnished hy Company in accordance with the Charges onlhe Sen'icc SUllllnilf)', as Ihey Illay be adjuslcd oVer the tenll of this Agrecmcnt as noted hcrein (the "Chargcs"). Company ICSCfl'es the righlto increase Ihc Charges payahle by Cnstomer duriug the Teml: (:1) for any dmngcs to, or diffcrent'e, betwecn, tile actual e<juill1nelll and serviccs provided by Company to Customer as ,pecificd on tbe Servicc Sllll1111m)': (b) for au)' change in the composition of the Wa>te Matcrials or If the avcrage weight pel yard of Customcr's Waste Materials exceeds Ihe mnount specificd ollthe S~II'icc Summar)': (c) for any increasc in or other modification 10 it, fuel or cnvironmeflt<ll charges, and thc olher Agreemcnt or SeCl'ice Fccs inclnded ou the Service Sunun~")'; (d) 10 covcr auy increases in dispmal and/or third party transportation costs, including fuel sur~harges; (e) to covcr increased costs due to uncoutrol1able circumstmlce" indudillg, without limitatiou, changes llllocal, ,tate or fcderallaws or regulatIons, imposition of taxes, fecs or ,urchargcs or acts of God such as floods, fues, hurricaucs llld natuml disasters; and (f) no more often than annnally from the Effectivc Date (or if specified on the Service Snmmar)', Customer's Lasl Amlllal Price IncrcllSe ("API") Date) for illcreases in the C01l511mer Pricc Index plm fourll<'rCent oflhe then current Charges. Any increasc III Charges enumcrated in clauses (a) through (c) "bove may indude 'ill amount for Company's operating or gross profit m<lrgill. Company also re,erves Ihe right to charge Customer additiollal fees iflhe fol1owing additional sen'ices are provided to Customer: Endo.lurc Chmge, Services on High Demlllld Days, Pul!1Push OUI Sell'ices, Contaiucr Relocation Fcc, or Season<l] Restan Fee. In the cveHl Company :Illjusts the Chargcs as provided in this Section 4, the parties agree that this Agrecment as so adjusted will continue iuful1 force and cffecL Any Cuslomcr invoice balancc liCIt paid willulIlhirty (30) days of the date of inl'oice is subjcct to a late fee, and allY Cuslomcr clleck retumcd for insufficient funds i, subject to a Non Suffirient Fund!; fec, bOlh to Ihe lluLximum extenl allowed by aPlllicable law. 11\ the el'enlthat paymcHl i, not madc when due, Compll'y ret<lins thc right to su,pend serl'ice until Ihe past due balance i, paid in full. If Company reinstates sllspended sell'ices lifter receipt of 1m out,tanding b:dallce, Customcr shall pay a rcactivation fee. blthe el'ent th<lt scrl'ice js suspendcd in excess of fifteen (15) days, Company may tenninate tllis Agreement forsuch default:md recover anycqllipment andal1 amonl ltsowcd hereunder, lllcluding liquidatcd damages undcr Section 7. 5. CHANGES. Changes inlhc frequency of collection sen'icc, schedule, number, capacity :mdfor type of cquiplHenl, may be agreed to or<lHy, lllwriting, hy payment oflhc invoice or by the at.tions and pr:lctice, of the parties. If Customer changes its Scrvice Address duriug the Teml, tllis Agreement shall remain v;llid ,md enforccable with respcct 10 services rcndered at Customer's neW sell'icc location if su~hlocation is wit1ullColllpany's service area. 6. EQUIPMENT, ACCESS. All equipment funushed by Company shall remain its property; howcver, Cmtomer shall have carc, custody and control of the equipment and shan be liable for all loss or damagc to the equipment and for its contcnts while <It Cmtomer's location. Cmtomer shal1uot ol'erload, mOVe or alter the equipment ~lld shall Use it only for its intendcd pUfJIO,e. At thc termination oft1us Agreement, Customer shall r~tum the equipmcnt to Company in the condition III wllich it was provided, normal Wear and lear excepted. Cuslomer shall pro\"ide s"fe and unohstnlCled access to the equipment ou the scheduled collection day. Company may smpend ,erviccs or termillate t]us Agreemeut in the event Customer violates any oflhe r~quirelllents of this provision. Customcr shall pay, if charged by Company, au addiliona1 fee foc any sCII'ice modifications camed hy Ot resulting from Cmtomer's failure to providc access. Customer wafl:mts that Customer's proll<'ny is sufficienlto bear the wcigh! of CompallY's equipment ~md vehicles and that ConlJ>,my shall not be rcsponsible for any dllnage to Ihe Customer', paWlllent or any othcr snrface resulting from thc equipment or Company's sen'kes. 7. LIQUIDATED DAMAGES. In the e\"ent CmtOlllcrtem,inates tlus Agreement prior to the e~piralioll of the Teml for au)' r~ason olher thall as sel forth in SectiOll 3, Or in the e\"Cnt Company tennllmte, this Agrcement for Customer's def<lult, Customer shallll:l}' the following liquidated damages in addition to the Company's legal fees: (a) if the remainlllg Tenn under this Agreement is six or more months, Customer shall pay the average of its six most reccU1monlhly Chargcs multiplied by six (or, If the Effective Datc is witlun six months of WM's last invoire dale, the average of allmolllhly Chargcs); or (b) if the rcmaining Teml under Ibi, Agrecment i, less than six months, Customer shall pay the average of its six most recent monlhly Charges multiplicd by the numbcr of months remauullg in the Tenn. Customer shaH pay liquidaled damage, of $100 forel'ef)' Customer waste tire that is found at the disposal facility. Cu,lomer acknowledges thatlhe <lctu<ll damage to Company iuthe e\"ent of termination is difficn]t 10 fix or prove, and thc foregoing liquidated damages mnount is re;lsonable <lnd COnllllCllSntate with the anticipated loss to Company resulting from such termination and is an agrccd upon fee and is not impmed as a penahy. 8. INDEMNITY. TIle Company agrees to indemllify, defellll and sal'e Custolller, it, parent, subsidiaries, and cOfJlOrate affiliales, harmless frolU and ag<linst 1m}" and allli:lbility II'hich Customer may be responsible for or payout as a result of bodily injuries (ul~ludlllg death), plOperty damage, or mlY violation or alleged vio1:l1ioll of law, 10 the cxtent caused by any negligcnt ~ct or omission or willful misconduct of the Company or its cmployee" which occurs (al during Ihe colle~tioll oc transportation of Customer's Waste Malcrials, or (bl '" a result of the disposal of Customer's Waste M:lterials in a facility o\\"fled by the Company or a Waste Mallagem~nt company, provided thaI the Company's indemnification obligations will nClt apply to OCCUrrellce, involving Excluded M;lterials. Customec agrees to llldemnify, dcfcnd and saw the Company, ils parent, subsidimies, corporate ;lffiliate, and their joint venturc p'lrtnccs, harmless from and ag;lillSt any and all liability which the Comp~ny may be responsible foror llay Ollt as a l~sUlt of bodily injuries (lllcluding dealh), property damage, or ally violation or alleged violation of law to the extent ~allsed by Customer's breilCh oftllis Agreement or by any negligenl aCl oc omis,ion or willful misconduct of thc Customer or ils cmployees, agcnts or contractors or Customer's usc, operation or Ilossession of any equipmenl fllmished by the Company. Neithcr party sh<ln bc liable to the othcr for conseqllclllial, incidental or punitive damages arising oul of the ]li'rfomlilnce or breach oftllis Agreemcnt 9. RIGHT OF FIRST RER1SAL Customer grants to Company a right of first refusi1lto match any offer relating 10 services similar to those providcd hereunder wllich Customer receil'es (or inlcnds to make) upontenllillation of this Agr~emenl for allY reason and Cmtomer sh~dl gil'e Company prompl wril1cnuolice of any snch offer and a reasonable opportunity to respoud to it. ]0. NO CLASS ACTION. WITH RESPECT TO ANY MA'ITER PERTAINING TO THIS SERVICE AGREEMENT, NEIT]]ER CUSTOMER NOR COMPANY SHALL JOIN OR CONSOLIDATE CLAIMS BY, OR AGAINST,OTHER CUSTOMERS, Oil PURSUE ANY CLAllI! AS A llEPRESENTAT1VE OF OR IN A CLASS ACT]ON OR IN A PRIVATE ATTORNEY GENERALCAPAC1TY. 11. MISCELLANEOUS. (a) Ex~cpt for the obligation to make payments hereundcr, neither party shall be in default for its failurc 10 perform or delay in perroID':U1ce camed by cvents or siglufieallllhre<lts of eVCHlS beyond its rellSOlmble conlrol, whether or not foreseeablc, including, butnol1imited to, strikes, labor trouble, riots, imposition of laws or governmental orders, fire" acts of War or terroriSlll, acts of God, and the inability to obtain equipmcnt, alld the affected p<lrty s]HIII be excused from perfomlancc during the OCCUrrence of such CI'CUlS. (b) This Agreement shall be binding on mnl shall inure to the benefit of the p~rties hcreto and their respectil'e succcssors llld assiglli. (c) Thi, Agrecment repr~senls the entire <lgrcemellt betweCllthe pmlies and supersedes any :md all olher agreelll~nts for thc smne sen'iccs, whether wril1cn or oral, that may exist hetwccn the parties. (d) This AgrecmeHl shall be COllSln1ed in aCcordallCe with the law of the state iUlI'hkh the sen'ices ace providcd. (e) All written notificatiouto Compauy requiced by tlus Agreement shall be by Ccrtified Mail, Retllm Receipt Requested. (f) If any provision oftllis Agreement is declared hll"a]id or unenforceable, thell,uch provision shall be scvcred from and shall not <lffect the remainder oft1us Agreemcl11; huwever, the Ilal1ies shall ameud tltis Agreement to give effect, 10 the maximum extent allowed, to the intenl and meaning ofthc severed provision. (g) In the event the Company succcssfully enforccs its rights <lg:IUlSt Customer hcrcunder, the Customer shall be required to pay thc Company's altollley,' fees amI court cosls. 12. SPECIFICATIONS FOR RECYCLABLE MATER]ALS. Single stream, commingled recyclables will consist of recye1:lble glass, aluminum, cans, pla.ltics ll,d papers, are as follows: aluminum food :md bel'ecage cOlltaiuers, glass food aud beverage containers, fcrrous (lron) cans; plastin with symbols #] through #7; ~flY paper or cardboard withont wax llllers. Any malcrials not set forth :lbove me utmcceptable ("Unacceplallle Materials") All glass containcrs, tin cans, bi.metal cans, aluminum can" acrosol ellIS, <llId pl:lStic containers lllUSl be empty; All fiber musl be dry and frec of food debris and other contmullmting material; and Tissues, paper towels or other paper that has heen in cOlltact Wilh food is not acceptablc. Al1,eparated p"per shall meet the ,tandards set forth inlhe most current ]SRI Scrap Specificalions Circn]ar, avail<lble npon request. Recyclablcs may conlaiuup to 5',1' Una~cclltable Malerials, provided howcver, Recydlbles may not (al contain Excludcd Materials; (b) contain chemic:d or other propertics which ac~ deletcrions or capable of cau>ing material damagc to "II)' part ofColllpany's prOIl<'rty, its personnel or the public; amI (c) shall not materially impair the strength or the durability of the Company's structure, or cquipment. COllljlauy reserves the right at its solc disccetiou upoullotice to Cuslomer to di'contiuue acceptancc of any categof)' ofRecyclabk M;lterials set forth above U5 a result of market conditions related 10 such Recycl:lble Materials alld makes no rcpfCsentations as to the recyd<lbility of the materials set forth above. Loads not mceting the Specifications for Rccyclable Materials may be rejedcd h,wholeor ill part by COlllJl,my. Page 3 of 4 IN ADDITION TO TilE AllOYE, TIJI~ FOLLOWING TE!{~IS AND CONDITIONS APPLY TO 1. Aerosol, Balla~l, BaUery, Dentall\lalerial, ~:kctronics, !-'JlIoresccnl tamilS, l\I~dical Waste, and Mercllr)' Recydlnglflisposal Seniccs, and 1\lail-Back Ink Carlrldge, Toner, IlIlUI~, Can\, and l'allt'rRcC)'clingScnices SPECIALTY SERVICES. Capitalized lerms lISed herein SIHIIl have the meaning ascribed above, ullle" otherwise indicated, "Special1y Senices", liS used herein, include the following COll1pallY products/services: aerosol, ballast, b~llel)', delltalmateri~], electronics, fluorescent lamps, medica] waste, and merrul)' recyding and/or disposal Services, and mail back recycling Services and the cOlllainer app]ieab]e to each of the Specialty Service, (the "Container"). Subject to lhese Tenns, and the limitations herein, Compauy will (a) lre:.t, process, recycle and/or dispose of the Customer's Acceplah]e Waste in accordance with federal, stale ~nd loca] laws illld regulations; mId (b) prepare and process legally required paperwork. 'llle Container may only be used for those materia], as indicaled on the Container (Ihe "Accept:.b]e Waste"). For illl)' qllesti<:>JlS regarding or complying with these Terms, Or:i detailed li,t of Acceptab]e Waste eligib]e for shippiJJg In each COlllainer.l']ease visit WWII'.wm_com or call 1-800.664-1434. 2. RETLTRNS, lfCustotner docs nol acceplthese Tenm, Customer may not use Ihe Container or the Servl<-es. llowever, Customer may return a Container within ten (]O) days (the "Retllnl Period") from the day Customer received Ihe Container by doing One of the followiug during the RehmJ Peri<:>d: (a) retum the Container to Ihe place of pun'hase; or (b) contact Corn pall)' at the phone number noled above and compleleallrclnminstmctions. J. Ui\I1T ON A VAII,AnILlTY. S It'cialtv Senices an: only al'3ilab]e 3S shnwn and cerlain oUhe S lcdallv Senkcs are nut available fur nse in certain Stales as 1'011011'5 ("I'rllhibiled Slah's"): [This ReC}'dingl[lislJo~al Senlcc: /:IS pro]lllJiled for uwi~I'oertoRlc", and illllie Stat1'51lf Alaska aJulllawaii, anll,such Serl'lcc is further prllhibitl'll lIr m11:i~lecl i ,'fornseinlhcfullllll1n'additionaISlalcs(colleclh'd.,"PmhibilcdStall'S"): I ,Aerosol COlllainers Arkan.sas,Cnnn~clicllt,l\Ialllc, l\IassadllLscUs,l\Iinllesllta,Nell' Ilalllllshire, New York, l'l'llI15yh'ania, Hhode hland,VermulIt -' i 'and Vir'inin Ballasts ri~I~I~e I in:dlene' j;l\Iaille Ii [IkntalMaterial I '\.~"amns,C;IIUlccti~lIi, ~iainc, ilill~~llla, NI'~I,ilesieo,Nl'w UanIsl~rc, 1H1Odl' Is]and, "i':';iJliaaIUIVI'~JllIUlI ]1 iElectronks l:il~ille i! 'B~ltle,C~II' a1JdP~II~r I;N{11l1' Ii L.II1Ps liifai;le II iMedicalWaste IlNlllIl' II (M1'l1:1I~; I~f~ille' I :C.Utridgl's~;ldTon~r J:NIIII~ Ii It is a vio]alion of law to ship the Container to, from or Ihrough any of the Prohibited SI:lIes. Company rese["\'eS lhe right to modify the lisl of Prohibited States at "ny time. 4, TITLE TO, AND RISK OF LOSS !'OR, CONTAINEU AND CONTENTS, Unless :lIld unlil Comp:Ul)' reccives and acCCplS the C<:>ntainer: (a) lille tn and risk nf loss of the Conlainer and its contents shall remain with Cuslnmer; ~nd (b) Customer Is solcly responsible for the contenls of the Comainer. S. EXPIRATION 01" CONTAINER; llNLTSED CONTAJNlms. Each Contaiuer must be received by Company by lhe expiration dale printed nn lhe Container ("Expiralion Date") if an Bxpimtion Date is indicated. COm]liltly has no obligatinu Mler the Espiration D:lte even where Ihe carrier idenlified on a Prepaid Label fails or refuses to ship lhe Container. Compau}' shailn<:>t be obligated to pro,'ide Customer arefundf<:>respJred,unusedContaiuers. 6. PACKAGING. Customer shan pack and seai the Container in accordance with the inslruclions included with the Container and any additional instructions that Cnmpall)' m~y send to the Customer or post on lhe Company Web Site prinr 10 shipmem of the Container by Customer (the "Instructions"). Customer shall pack in the Coutaiueronlj' Acceptab!e Wasil', aHd shall excludc auy and all Non-Confornung Waste, as defined beloll'. 7. SHIPPING. Customer shall comply with all hlltmctions relaled 10 slupping. Customer will h"l'e received a prepaid retum shipping ]abe] (lhe "Prepaid l.abe]") with the Container. The Container may not be shipped from any Prolubited State. Both the hlllructions :md Prepaid Label(s) may be obtained al w\\'\\',wm,COln or hy calling 1-800-664-1434. Company shall nol have mLY responsibility or liability wilh respeCl 10 anj' maUer related Ineitheracarriercollecting or shipp ingtheContainer. 8. AI)lJITIONAL SHIPPING CHARGES. (a) Customer shalllemaiu responsible (or all Charges of slupping lhe Container to Company, including, without limitation, increases imposed by the shipper ;lfter Customer has purchased a Prepaid Label. Iflhe shipper identified ou Ihe Prepaid Label will not ship Ihe Conlainer, Company's sole obligation will be to refund to Custnmer the aemal shipping dmrge receh'ed b)' Company. This obligation is ClIuditioned upon receipt of written request for such refund prim 10 six (6) Hlntllhs from the date Cllstnlller pareh'lIed or receil'ed Ihe Container. (b) Cuslomer remains responsible for all Charges relating to exceeding the weight limits applicable tnllle Container. If Cuslomer se!ects a monthly Charge, additioual Charges wil! be applied should weights or frequency of slupments exceed the limitations of Customer's requested mOlllh!y serl'ice, (c) Cuslomer agrees 10 allow Company to charge Cuslomer's credil card for ilLldilional slupping Charges as indicated abo\'e, whetherornotCustomerse!cctsmonthJySerl'iresor:Joue_timepurchaseofaContainer. 9. ACCEPTABLE W'\STElNON-CONFOn1\IING WASTElAf)(llTIONAI. CHARGES, CllSllllUers must check www.wHl.comforupdates to this list prior to initiating a shipment nf a Container in nrder to ensure that '>lily Acceplable Wasil' is shipped in Ihc Conlainer. Materials other Ihan the Acreptable W:lSte indicated as eligible for shipping in each COlllainer, and malerial having eOllstitueUls, characteristics, com]J<lnents or propertics nOI inclnded within the liSl(s) of Acceplable Waste for each Cnnlainer sh:lil be "Noll-Cnufomling WasIl'," (a) Special Terlll~ AIljllicable 10 Medical Wa~te Sl'nices: Olll}' Regulated Medka] Wa~1c (as delined herein) l]nalilies a\ Acceptable WasIl.' fnr lhe jlUrpOSes of 1\ledWasle Tl'3cker Scniel's. "Regulated Medical Wasil''' includes bUI is notlinuted to shafJls, gaule, biULdages, conlailler.;, IUbing, blnnd, blood producls, trace chemotherapy wasil', tissue, specimens generated inlhe murse of diagnosis and medica!lrealmen! nr medical W:lSle as defmed by Customer's State medical waste regulations or Ihe OSHA Bloodbnme Pathogen S!~nd"rd (29 CI'R ]910,1030). Customer shall, prior to shipping, pro\'ide to Company accurate and comp]ele documents, shipping papelS Or manifesls as required for the lawfultransferoflhe Regu]ated Medical Waslc under all applicable fedeml, stale or loca] laws. "Non-Confollning Wasle" for the purposes of MedWa.ste Tracker Services means: (]) an)' waSIl' or olher material nnl falling wilhin lhe defmilion of Regu]ated /I1edie:d Waste including complele human remains and abortion products; (2) radinacti\'e W:lSte; (3) allY chemic;t1 waste mid allY hawrdous waste; (4) container.; that are damaged, leaking or could came harm or esposure to employees, lhe gcneral puhlic or olher.;; (5) waste Ihat hilS been inenrrectly idcntified, ]abeled and/or segregated; (6) any wasle or device coutaining merrul)' including amalgam, vacuam pumps and lIlher medical devices; and (7) pharnHlceUlical wilste (except what Is accepled under a Cornp~ny phalUlaceutica] disposal program). (h) Sjlecial TcmLS AjlJllicable 10 Acrosol Container SenIccs: Only certain al'rllsol callS quallf)' as Acceplable WasIl', and Aem\ol Container Sl'nices arc unl)' a,.ailablc fur lL\e h)' a hOlLwhold or a Condilinllall)' Eselllllt Small Quanli!}' Generator as eertllied 10 COlllllall}"S reasollable sall~faclion ("CF.SQG"). "Non,Confomlillg WaSIl''' for the purpose, of AerosolTracker Sen'ices includes, but is nntlimited to, thnse exmnp]es of AerosolTraeker Serl'ices Non-Confornling Waste cOUlained OLl Eshibil A bel<:>lI'. (c) Sjlecial Terms APllHcllhle 10 Denial Malerial Senicc~: Ilen!al Maleria] Scnices arc nnl}' 31'ailahle for lL~e b}' a CESQG, aU Accqliable Wa~tc mnsl he disinfected, and no murc than net I III of elemental mercury ma)' he placed in tile Container. (II) Special TCrllLS Applkahle In Mcrcnr}' Scnices: Unless specifically approl'ed by Company,No mOre than nel llb of elementa] mercury may be plitced inlhe Cntllainer. (e) Tefllls/Charges APjlUCllble In Non-Conrorming Wa~ll'r JfCompany determines lhat any Container contaillS N<:>n-Confonning Waste, Company may, al its sole discretion, mId at CusloHLer's sok co,t and espellSe: (i) rejecl the Conlainer and return ilto Cuslomer; (ii) retum the Non-Conforming Wasil' to Cuslomer; or (iii) Ireat, process and or dispose of the cOlltents of the Container. Custnmer shall be ii:Jble for any ;md all costs assodated with Non.Conforming Wasle. ComplU1Y (or ~ny contractor of company) shall nol tate tille to Nnu-Confornling Wasle, and title to Nou-Conforming Waste shall always remain with Customer. 10, ClIARGF}; I'OR FA1LLTRE TO COMPLY WITII TEW\lS ANIl IN~TRlICnONS; f:lIANGED CONDITIONS; AND AIlI>ITIONAL SERVln:s, Companyreserl'es the right to charge nrbill Customer additiollal amounts for all)' of the following: (a) an)' Cotllainer excceding its s]lCcified maximum weight; (b) shipping materials in lhe wrong Container, <:>r mixing nHllerials in a Container; (c) additional shipping Charges beyond the mnounts prepaid for any Prepaid label; (d) any mSlS or expenses incurred by Compan)' as a re'ult of Customer's failure to comply with lhese TernlS or Ihe Inslrucliom, other than the llSllal alid eustorn~I)' costs ofComp.Ul)' in Ihe pelfonnance oflhe Tmcker Serl'lces; or (e) any cosls re]aled to ('hiUiges in appilcable lall' occurring afler lhe date of purchase of the Container. ] t. WAIUtANT\'. Company w~rr~llIs, except where Tracker Se["\'ices are used in Prohibited SMes, as follows: (a) lhe Container has passed, and meets or cxceeds the applicable performance standards of federal, stale and local regulalions; and (b) if the Container is paded, scaled and shipped strictly in accordance with thc hlSlmctions, it is adequate tntransport Acceptab]e Waste to the processing facility from authorized poinl' under ordinal)' commercial shipping ronditiOlIS, Other thilu as expressly warmnled herein, the Specialty Serl'ices are provided "as is," and Comp.my disclailllS :Oly aud all warranties, express or implied, including, bUl not ]imiled to, implied warranties of mcn'hantability :md fitness for a particular purpose. CIL\{muel' warrallls lbal il will not shijlan)' Non-Cunfllmling Wa~1l' in the Conlaluer and IIlal Cuslmner willulherllise c{lmlll)' \Iilh lhc~e Terms and aU Imlrul'tillIL\, EXHIBIT A - EsamJllcx of Aerosnl S~n'kl'S Non-Confnnning Wasle.' (l) Aerosols thiLt are not in good condition (e.g., damaged, corroded, p\llu.tured, Ie;,king, or crushed); (2) Aeroso]s with hlbels that are missing, covered, illegible, or obscllred; (3) Aerosols with:i capacity of greater than I liler(1000 ml);(4) Products tllalare nottrue;lerosols(i.e., non-refi1hlblecylinderscontaining;lgasunderpressure,usedsolel)'tnespe]aliquid,paste,orpowderfromlhecyliuderthrougha self-closing release device). Examples of prohibited nOlHeroso]S include: Pump sprilYs; Oxygen c:mislers; Signa] horns; Nou-pre5Surlzed self-defeme sprays; Lj'luefied petroleum gas ("LPG") cylinders; Gas for powering toy pellel g\l(lS; Other cylinders containing gases onl)'; (5) Aerosols lhat are specially regulaled or not authorized for receipl, including: CFC-coll1~iJling products (e.g., certain inhalers and refrigerallts); Espallding foam products (e.g., insulation foam); I'CB.cont~ining producls (e.g., certain paints, pesllcides, or ;ldhesi\'es that are gremer thau 25 years old); Pepper sprays; Pesticides/herbicides that ure not intended for househoJd USe nr that have labels w]uch do not authorile recycling of used aerosol catls; Silicone gaskeHllilker products; Tear gas c:irtridges or devices; Zinc-based pailJ\s/pnmer,/{-natings (e.g., zinc.rich cold galv:Ollzing $pmys); (6) Industrial or other aerosols Ihat do nnt have polentilll consumer uses; 0) Aerosois that do not have tops, caps. or lids lhal arc c~pable of pre\,emingaccidellt;lldischargeduringlrmlSport:mdrelatedhiludling(e,g.,:lerosolsdesignedwith:lremovablccapifthecapistnlssillg); (8) Aerosols Ihilt are discarded by faciiities in all)'oflhe foil owing industries: (a) petroleum refnung, (b) chemical miomfacturing, (c) coke by-product recovel)" or (d) lrealmenl, storage, or dispnsaJ facilities haudJing belueue W:lSles from :my of these three indastries. Customers should check the Web Site for updatcs to this lisl prior 10 initiming a shipmeHl of a COJJ\ainer in order to ensure I]M no NOll-Conforming Wasil'S me shipped in the Container. Page 4 of 4 Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 March 7, 2013 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioner's Court Agenda for March14, 2013. . Discuss and take necessaty action on'I['~,l1..ja.g. to abandon a portion of Madison Avenue, Lot 12, Block C; in the Original Townsite of Port O'Connor, as recorded in Volume 2, Page 01, of the Deed Records of Calhoun County, Texas. Sincerely, ~w.J~ Kenneth W. Finster KWF/at P.O. Box 177' Seadrift, TX 77983' email: kenny.linster@calhonllcotx.org' (361) 785-3141' Fax (361) 785-5602 REQUEST TO ABANDON A PORTION OF MADISON AVENUE, LOT 12, BLOCK C, IN THE ORIGINAL TOWNSITE OF PORT O'CONNOR, AS RECORDED IN VOLUME 2, PAGE 01, OF THE DEED RECORDS OF CALHOUN COUNTY, TEXAS: Commissioner Finster: We have looked at this several times in the past. This is the one that the house was built out on the property and is two and a half (2.5') feet into the right of way. Nothing can be done with the property until this is resolved. A Motion to approve the request to abandon a portion of Madison Avenue, Lot 12, Block C, in the Original Townsite of Port O'Connor was made by Commissioner Finster and seconded by Commissioner Fritsch. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer ali voted in favor. THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN S NOTICE OF INTENT TO ABANDON A PORTION OF A PUBLIC ROAD IN PORT O'CONNOR, CALHOUN COUNTY, TEXAS Attached is a petition to abandon a portion of Madison Ave. located in Port O'Connor, Calhoun County, Texas, which application is intended to be filed with the Calhoun County Commissioner's Court and heard by the Commissioner's Court upon expiration of twenty days after February 13, 2013, being the date that this Notice of Intent is posted at the following locations: on the portion of the road to be abandoned, at Mail Box Station Port O'Connor, Texas, and the courthouse door in Calhoun County, Texas THE STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN ~ APPLICATION AND PETITION TO ABANDON PUBLIC ROAD TO THE HONORABLE COMISSIONERS COURT OF SAID COUNTY NOW COMES, William Randolph Franz, being the owner of North One-half (Nl/2) of Lot No. Twelve (12), in Block No. "C", in the ORIGINAL TOWNSITE OF PORT O'CONNOR, in Calhoun County, Texas, according to the established map and plat of said Townsite of Port O'Connor record in Volume 2, Page 01, of the Deed Records of Calhoun County, Texas, hereby petitions Commissioner's Court to abandon the following portion of a certain designated road in said county pursuant to Texas Transportation Code Section 251.051, to-wit, to-wit; A portion of Madison Ave. 2.5 feet wide by 26.2 feet long being the portion of Madison Ave on which the owner's house is a protmsion over in pOlt O'Connor, Calhoun County, Texas as shown on attached Exhibit "A". In SUPPOlt hereof the undersigned party, William Randolph Franz, being the owner of North One-half (N1/2) of Lot No. Twelve (12), in Block No. "C", in the ORIGINAL TOWNSITE OF PORT O'CONNOR, will show the Court that: a.) The residence located on the north half of Lot 12 in Block "C" Townsite of Port O'Connor was constmcted prior to March 6, 1976 the date the Petitioner's parent acquired title to the propelty; b.) The residence has encroached into the Madison Ave dedicated roadway since prior to March 6,1976; c.) The encroachment does not affect the public's use of Madison Ave; d.) There are no other property owners in said precinct whose property rights will be affected by the abandonment of the above described portion of said road; e.) The county has never opened or maintained said portion of said road; and f.) Texas Transportation Code Section 251.051& Section 251.052 provides that a county is alter an existing roadway; and g.) William Randolph Franz is the adjoining landowner. WHEREFORE, tile undersigned party, William Randolph Franz, being the owner of NOlih One-half (NI/2) of Lot No. Twelve (12), in Block No. "C", in the ORIGINAL TOWNSITE OF PORT O'CONNOR, in Calhoun County, Texas, according to the established map and plat of said Townsite of Port O'Connor record in Volume 2, Page 01, of the Deed Records of Calhoun County, Texas, prays that after proper notice of this petition to abandon the following portion of a celtain designated road in said county pursuant to Texas Transportation Code Section 251.051 & Section 251.052 has been posted at the Courthouse door of Calhoun County, Texas and at other places in the vicinity of the affected route and on the site of the portion of the road to be abandoned as required by law, that this honorable Commissioners Court enter an order abandoning that portion of Madison Ave. described above, which is a public road, to the Applicant pursuant to Texas Transportation Code Section 251.051 & Section 251.052. LI Fe'3evAi''J Witness our hands, this 7 day ofJawJary, 2013 ~~'~/f~~:a~ William Randolph Franz THE STATE OF TEXAS S S COUNTY OF CALHOUN S "" This instmment was sworn to and acknowledged before me on this the L/ day of n'iJev/'y'1 --- Januarj, 2013, by William Randolph Franz. &u CAROLYN J. NANNI Notary PubHc, State of Texas of-ii" r",,.,.,,Y>'~~'~ -fxp; NOTARY PUBLIC I arch 31,2014 STATE OF TEXAS (!/f/z'C!t1 n J: IJ Ai; JIJ ; Print or Type Name of Notary My Commission Expires:/fJIl/1..Ch "3/. ;;"011.{ iSU SQUARE FOOT EASEll-iENT TRACT T.!lE S'lWfE OF TEXAS} TEE COUNTY OF CALEOUN} BE.lN('}.a 150 square fool h.~ct oOand .situated in tb.e Original Tqwllsile .of Pori O'COllli91',iil Calhoun County, Te.'Uls .aecarding (0 the estahljsbed lllap and pial of record.in V <ilume Z, p.age Qf, Pe_od Recqt!ls of Calhonn COUllly, Texas; said 150 square foot t'~cI0f land beUlgmore fully describe<l by .melw- Hud bounds as follows: BEGIJ\DIlING at a 5/8 inch diameter-steel.rebar set tq mark tllein:tersectipn of the westri'gl\t-of: way line ofN. Third SITed (DO' R:O.W.)and the south dght-of"way Line ofMadlsonAvenue ($0' R6:W), s.aid rebaI' alSo Jila!kihg thenorfh Cotner of Lot li; Block C in the saki Original TQwrisJk6fPbi! Q'CoHfiOl, T]ffiNCE, Sputh 63 deg. 22' GO" West, CBilSisQf.Bearilli) with the south right-.of-way llledf Madlson AveHl1e, a. distance o:f50.00 feot to.a 5/8 b..lch' dianiet!;r steel rebar sel tom81;k the West t;<i).'il.;rbfsaid tot 12, Biock C, Original TowDsiteofport O'Connor; 'fl.'i'ENCE;.North"26-deg. 38' 00" West, a distance 00:00 feet to a point in Ihe:M~dison Avenue. pglit"ofA\la>,' lotthi;tiottl:tw.est cOJJ.l.er <if H;ie herein elesCt'ibed tracl; THENC.s;North 63 deg. 22" OO"East, a distauce of 50.00 feet toa POhit in the Madison AveUlle i'i~it-of,,,iay for tne norlhoast corner tilthe hereindesoribed tract; 'l':!fj];NCE, SQn1h: 2Qd,g, :'W DO" East, a distapce 00.00 feet to (he POINT OFBE$JN1\IiNG, COl'ITAU.'iiINGwilhin.thest>metes and 'bounds a 15'0 square foottraet .of'Jand, FOoi'" or I~.. All set5!-8 inch diainel~r st.eel rebm' marked w:lth )'ello\\' plastic cap st'llJ;lped''iJRBAN: $DRyE\':i}JO;lNt. " Bemingsareh~sed on.bearings ofrecord.;;eoorded inVolumeZ, Page 1 oftheDeedRecords of CaihqunQbunty, Tex"". The foregmng Jeg1l1 d~criptiorrand accompanying snl'vel' plat were prepmed from 'an adual Slilye)" f.1l;;de..o11, the lb'oiilld liMer. my .Sl)j;ervision .In December ill 1 2 fUld. are.trueahd cob'e"l .10 tbe best of my knmvledge-alldhetief. . . . ~"'~ ",,'~. ~'" ~\.'i'.- or ~ .~ t""" ~.~ ,....J- -:- ^,-'V ~.ec'\Srf'b'O,."~1 *\. (... ~ t' ,. -'f '> . , .\ .~ ~ ".I/"Q..'Y f/~~ l'o.'-;-.1 iii. !' "'; ", .:- ~€,,'i<.""""'~H""""" .~t... ^ .."" ~ WM. Pft.TFUCI.< HOHLJ o~ \:~.r~; A~.Bg1S o~~:;:Y' '11 " f~",1 c-->- ',) " x. "'I'{9c'Eicc:i.;J:,' >f.J t. t:?j.,~"~'{.~:~.~.<~~,f"- .i;~' ^4.,,,,,, surz<f~'J;'-. .~'''~~'''.2.';. tf't"..~- urban S1,1rveying, lnc. 13)': VIm. PatrlckHribit R.'egisieniIJ'rofession<il Land Surveyor Texas No. 5523 81$853.01 EXHIBIT uA II 1 LEGAL DESCRiPTION BEING-c 150 square foot tro9t of Land situote.d In the: Original Townsite pf Port O'Connor! in. C9lhOUfl County. Texas according to the-, es-FGbl ished mop and plot of reCord in Volume ZJ Page ot. Deed Recaros of Calhoun CbUniy, Texas. ~ MAD I SON AVE. ('60' 1'1.0;\'1. I "--,l.$!Oho!t 1'u<"""", ~ """""""".'..-..""".,.."""".""."'...,, N 26'3:8'00' W 3..00' -..-J)1tCh~._._._ .1".ft "J : !I : S 1J,6~38 '1J(j" E J ~ ~_ II. 3;00 r [~ ll~ II" II '( I I 1J.r 8 ~ . ., 8 ~ :0 N LOr 11 . BLOCK C '" . ~ o ~ Residence. US' '" , g .~ ~ N "'. LOT 12 .?~ ~()/,f:i Iltrtfdl~) s 6)'n'.OO~ 50.00' .G8AeHIC SCAlf IN FEET 00 .30 1 &.1}. I 'I\;, I flElDNOtE POINT OF aEGINNING . '" . a : . . 0 : {i : :l . 0:: , o lD ~. :'t : g. ~ .~ ) r- W w a:: .... VI o 0: :r;. r- . Z E-X- H~~IT _ !;~~E . rHE ABOVE PLAT AND ACCOlJPANYlN.G LEG.Ai DESCR IPT I ON WERE PREPARED FROM AN ACTUAL 'SURYt~ MADE ON T~E GROUNO UNDER I.tY SUPERVISION IN DfCEklBER, 2012 AND ARE tRUE ANO CORRECT TO tKE BEST Df MY KNOWLEO~< AND BELIEF. m WM. PATRICK fiOHLT I:? RfG fs TERED PROFESS 10NAL TEXAS No, 55n l:;~~~~;;{n:~\ !p ('J,,'r\.<>' /\ "J"'"'' I~ 'h"{~...:_~.)tl,,, :""::'P' .\ ~ IM,r -D'C~<H{Iil!:r J c;;, \'to .,...~C".~c."~~..,,~.._....,,, ,.I 2. '''7 " '. ::ih p'..,.", .. " I / .L-- . \ ..X:i:{~V ~..: .'.~ LAN SURVEYO~C::7.":'0,or"d)~",'()-- J j4'JI'c:.C~J\\'> ..'\' ;.r ~ () '. .....r;;.:...(:(~,>:} -~ ',P"'- ~~ SIGNEDl IiAU A- @. --... ~.-,.- ,- @ I URBAN SURVEYiNG me. vICTOR"IA, rEX,AS (:IS!) 518-9831 CUERO, TEX,\S (3iji) 271-POli-l ORAWfl BY: IR JOB NO.: SIBB'5:~'1l1 THE STATE OF TEXAS 9 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN 9 ORDER DECLARING ABANDONMENT OF A PORTION OF MADISON AVENUE IN THE ORIGINAL TOWNSITE OF PORT O'CONNOR, TEXAS WHEREAS,onthe a <6' day of March, 2013, the Commissioner's Court of Calhoun County, Texas considered the request of William Randolph Franz to abandon the following portion of Madison Avenue pursuant to Texas Transportation Code Section 251.051, to-wit; A portion of Madison Avenue, 2.5 feet wide by 26.2 feet long being the portion of Madison Avenue on which the owner's house is a protrusion over in Port O'Connor, Calhoun County Texas as shown on attached Exhibit "A". WHEREAS, in support thereof William Randolph Franz showed the Court and the Court determined that: a) The residence located on the north half of Lot 12 in Block "C" Townsite of Port O'Connor, Texas was constructed prior to March 6, 1976, and the date the Petitioner's parent acquired title to the property. b) The residence has encroached into the Madison Avenue dedicated roadway since prior to March 6, 1976; c) The encroachment does not affect the public's use of Madison Avenue; d) There are no other property owners in said precinct whose property rights will be affected by the abandonment of the above described portion of said road; and e) The county has never opened or maintained said portion of said road; and f) Texas Transportation Code Section 251.051 provides that a county road is abandoned when its use has become so infrequent that one or more adjoining property owners have enclosed the road with a fence continuously for at least 20 years; g) Texas Transportation Code Section 251.051 vests in the Commissioners the Authority to abandon the Public Road and the Commissioners have not previously classified the subject road as either a first class or second class road; h) There is no necessity for continuance of such portion of said road and; i) Texas Transportation Code Section 251.058(b) provides that upon abandonment, title to that portion abandoned shall vest jointly in the owners of the property that abuts the abandoned road and; j) William Randolph Franz is the landowner that abuts the abandoned portion of Madison Avenue. NOW THEREFORE, ON MOTION DULY MADE BY Commissioner Kenneth Finster and SECONDED BY Commissioner Fritsch , IT IS ORDERED AND DECREED that Calhoun County does hereby abandon a strip of land 2.5 feet wide by 26.2 feet long being the portion of Madison Avenue in Port O'Connor, Calhoun County, Texas as shown on attached Exhibit "A". IT IS FURTHER ORDERED AND DECREED THAT on the date this order is signed, the title to the strip ofland 2.5 feet wide by 26.2 feet long being the portion of Madison Avenue in POlt O'Connor, Calhoun County, Texas as shown on attached Exhibit "A" shall pass to William Randolph Franz pursnant to Texas TranspOltation Code Section 251.058(b). IT IS FURTHER ORDERED AND DECREED THAT a copy of this order be filed in the Official Records of Calhoun County, Texas and duly said duly filed copy of this Order shall serve as the official instrument of conveyance of the abandoned to William Randolph Franz the abutting property owner pursuant to Texas Transportation Code Section 251.058(b). SIGNED THIS J-b'l- -o"'y day of ,4f>.r.. I ,2013. COMMISSIONERS OF CALHOUN COUNTY, TEXAS J\A^ ,l,y ~ 11Y~ Calhoun County Iu ge STATE OF' e.!Get.> COUNTYOFl'""-' "0"'; The foregoing instrument was acknowledged ~efore ,p' methis i....day of~ 20.!J., by M.cha.,,:r. fl.tel _A~~ 'S......A>w R: Ie<{ Notary Public's Signatur~ Notary Name Personally Known ~ OR Type ofldentification Produced _ 150 SQUARE FOOT EASEl\1EN:I'TRAfT Tim 8TM)); OF TEXAS} Tm; COUNTY 0:1" CALEOUN} BE;INt} 'a 150 squ,are foot lr~ct at 'Jandsitnated in the Original Tqw,n$jie ,bf i'orl O!{;OI)fjpi', 'iil C&ll1oun County, Texas 'accmdiilg (0 tile estabJJshed IHap and pial of reGord ,In VQ111U1e ;t; p.age oJ:, p-e,edReGqrd$ of Cafum1I1COllllty, texas; said 150 square foot tracl' of land being 11:10'" fully described by,mel<<g.Hud boulld~ as follows: BEGINi'rrN:G at a 5/8 inoh diameter.steei,r.ebili' set t.Q. mark lhe' illter.sec\ipll ofth<; west 'ri'gJ\t-of~ . -. . . way line ofN; Third' Street (50' KO.W.). and lhe sou'l], l'ighl-of"way line ofM11:dlir6n"Av€,l1ue ($0' Rb:W), said rebar alSo tila!'kihg the north corner of Lot li; Brocke in the saJd Original, TQw.tisYte:bfPd:it Q.'COHfiOl,! rJrnNCE;" South 63 del". 21' 00" West, (Ei1fsJ.sof.Beari\lg) Wilh the sOllth right-of-way lineaf Madison Avenue, a rustance of.50.00 feet \0 ,a 5/8 hich' dianieter sfeel rebar' sello'mm;k ti;1e We1it t<itil~'bfsi11d t91 i2~ i31o"k C, Original TQwDsiteofpbr! O'C':bllilOr; "I)I.kN'CE;,Nortb:'26'deg. 3,8' bo" Wes~ a dist""oe 0f3:00' reeHoa point. in lhe,Madii>on Avenue. pgut"!ifAJii\;( fotthirilott4w~st oOJJ;l,er Qf ine herein clescl'ibed tpe(; T.irENCJ(:NortI't 63 dog. 22" 00" East, a dist~nce of 50,00, feet toa POhlf in lhe Madison Avemle l'i)iljt -of'l\iay for the 110rlhe8j( corner or the herein, desoribed [met; tJ):ENCE, South 2Qdeg. :'is' 00" Bast, a dlstapoe of 3.00 feet to ihe, POINt OFBEI;]IN.NiNG, C0NTAh'ifJN'Gwlfhill:'these,mefes amfb01;uds 8 ISO ,square foot.tJ'aol,of'lalld, moi'eor kss. All selS/.g !rich cl.hJinder sf.,eel i~b31' marked Ivith )'elJo\v plasdc oap st1!lJ.]jl"cl'<URB';i.N: St)RvEYlNG;twC- " Searings, are ,based ,m 'bCSl1ngS of remId "'eoorded in Volume' 2., Page 1 of lhe: Deed' Roo,brds. of C'ai.b:ouh~unty, Te1{"!l. The fOTegmog leg;;I d\;!iotipt.ion'alld accompanying survey pial were prepnrea from 'an aclmiJ mil"e)" mi1ie','ol1. ihe, g,'ound' liMer mY"lpenii~io,n ,hJ De<;ember 20 J 2' end, are:tni.e and ci)h'e6l )0 {hebesto! Jllj' lalowledge"lll1,lbeIief. ' :A Urban 8\trVeying, lnc. I?y: Wm. Patrick,H6hit R'egis1er<<d'1''rofes&iomi] Land Surveyor T,XllS No. ~~B 4~~"'h-. r:J-,,,, or ~ .<~" 'I'" '\ ~"'''~'.. "..J.- '1- } ........."it "'~c" \S h,.....~.:-,:.tr ';'j.~ ~ f... '-~ 4)~'!l. 'It> <,/~r' . j;> .......,f-Q.- r"'<,>~ ..:,.1 '," 'i" :~ ~."~~",...:-,,.,,~~'~......<.t.:<.-..:.i 1i. WM. PATRiCI< HOHl.J -'1 \:1 ",uJ'''nu",~~=;;.,~~:- '~"\,H '1/ t. !1.{J Q:::Ir.~il ,'S~I.' d '1 ('....'1,.11-... '..Ji?NJ- J L ""f"<:i''E'''' SJ,. '.')' ," t:. ;ft11,,,~.ra'1'~~f~.:G"('" .,,:f -.<J..J C'{lf?\f,:.. i':'-' ~~.;~;;..)F"~'i.'- S 1$853 .01 EXHIBIT IIA if 1 LEGAL DESCHJPTION BEIN4-c 150 square foot troQt of Land sjtuof~d Tn the OrfgirfoJ Townsite pf PQr't O'Connor. in. CplhQLln County. Texas according to the-. est.abl ished oop and plot of reCord in Volume 71 Page at. Deed Records of Calhoun County. Texos~ ~ MAD I SON AVE. (60' .R.O;\'I. ) '-hphall/!u.e-.nl~ ....,,'.. .,..,". ".-...",",...,."." "".., """" -'_-llitch_._._._._. ..... FI[LONOtE POINT . _ OF frtG INN ING N63'21'aog E .iO; . . 50.00' . 't ..:.:..'r.1r:".'~'''''''~'''.---,;"-,~_,,,"'!~<:,;crr~: .~'>:'j ~ e" N 26".38'00" W :i..OO' 63'22 00 50.00' ., : II : 5 1?6<38 '{lO" ~ II, 3:00' . 1 r~ ~ 11';: : ~ Ilu . II .. ~. 'I' . : 0 . . a J 0:: ~ - I : , '" : , b , : g lD g i ;.;)l ~. .i\ ) ~ l- N ",. W W a: l- V> " ."!" 0 0:: - ;:r:. )- . Z ~ :'! >> .,. 8 i\ ~ N LOT 11 . BLOCK C '" . Rasia-6oca 26.:1:' LOT 12 <i<r... ettttdlr>) s. 6}"n',OO" 50.00' .GBArlllG S.CAlE IN FEET DO- .30 s:.o. I 'N, I !l:X- H~~IT RiA. U ~ ~~M~{ THo A1l0VE PLAT AND ACCWPAtlYlN.G LEG-ilL DESCRIPT ION \'IERE ~REPARtn FROM AN ACTUAL .$VRyn 11ADE ON THE GROUND UNDER MY SUPERVISiON IN DfCEh1BER, 2012 AND ARE TRUE ANO CORRECT TO T~E BEST OF MY KNDWLEO~E AND BELIEF. A. -~'- "~""'-'" tw. WI.!. PATRICK HOHLT /2- REafSTEREO PROFESS IONA.L TEXAS No., 55n [:;(??:7},:?C", f' ,~",\,,"\'(}\'S J b~,;,:.~~~".,-\ t ,^," ., '.. ,.... ...1>1.\."\.'.....1 .t),\.:: ~~ k. t-:~t . "'. 1, ~ {; ;;~~~'.~~~r':t~}~;tl~j:;i<ll'.:f..j / ~ .,,,..oo:<.,,,,,,~,,,."~cv..,~..,,, ,J .e;p, ;/L " '.::lh 552'" ,,-,," J -- "dO' '" \.'" LAN SURVEYD~. (c.,-i'-:!~pr,-s\\)\:::(7:'.J t. q;b"'t'.("";~.l'.J ,{ ~ . , A '(. '_.,,:>~ -~ ';J- -~-P- 5.1 GNED: URBAN SURVEYfNG me. V!CTOmA, rEX.As [36115H-9B31 CUEllO. TEXAs [sui) 217-~O-li-l .11> 51 DRAWN BY: IR J.OB NO.,: SI~8'5::i.!i:1 Susan Riley From: Sent: To: Subject: Lucy Dio [Iucy.dio@calhouncotx.org] Wednesday, March 20, 2013 3:30 PM susan. riley@calhouncotx.org add agenda item for 3/28/13 Comm Court Importance: High Susan, Please add the following to the agenda for the next Comm. Court meeting: "Consider and take necessary action to add abandoned vehicle to the Sheriffs Office Assets, per Transportation Code 683.034,2000 Ford Explorer VIN #82172 valued at $2,988. "(GA) Thank you! Lucy 1 ADD ABANDONED VEHICLE TO THE SHERIFF'S OFFICE ASSETS, PER TRANSPORTATION CODE 683.034; 2000 FORD EXPLORER VIN #82172 VALUED AT $2,988: A Motion to add abandoned vehicle, Ford Explorer VIN #82172 valued at $2,988, to the sheriff's office assets was made by Commissioner Galvan and seconded by Commissioner Finster. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. AUTHORIZE TRADE IN OF 2011 FORD EXPEDITION VIN#lFMJK1F52BEF28017 IN THE SHERIFF'S DEPARTMENT ON THE PURCHASE OF A NEW PATROL UNIT. (2013 POLICE INTERCEPTOR SUV ALL WHEEL DRIVE 6 SPEED AUTOMATIC.): A Motion to authorize trade in of 2011 Ford Expedition VIN # lFMJK1F52BEF28017 in the Sheriff's Department on the purchase of a new patrol unit (2013 Police Interceptor SUV All Wheel Drive 6-speed automatic) was made by Commissioner Finster and seconded by Commissioner Fritsch. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. MEMORANDUM MEMO TO: Mike Pfeifer, County Judge SUBJECT: Agenda item DATE: Match 28,2013 Please place the following item on the Commissioners Court agenda for March 28, 2013: . Consider and take necessary action to trade in Calhoun County Sheriffs Office 2011 Ford Expedition VIN#IFMJKIF52BEF280l7 on the purchase of a new patrol unit. (2013 Police Interceptor SUV all wheel drive 6 speed automatic) !)=-le~ George Aleman Calhoun County Sheriff MEMORANDUM MEMO TO: Mike Pfeifer, County Judge SUBJECT: Agenda item DATE: March 28,2013 Please place the following item on the Commissioners Court agenda for March 28,2013: . Consider and take necessary action to approve the purchase of 5 Sheriffs Office Fleet vehicles from Philpott Motors who is approved on the Buyers Board. /)::'~ George Aleman Calhoun County Sheriff APPROVE THE PURCHASE OF 5 SHERIFF'S OFFICE FLEET VEHICLES FROM PHILPOTT MOTORS FROM THE BUYBOARD: A Motion to approve the purchase of 5 Sheriff's Office Fleet Vehicles from Philpott Motors from the Buyboard was made by Commissioner Fritsch and seconded by Commissioner Finster. Commissioner Lyssy: Where is the funding coming from? Commissioner Fritsch: It is coming from their budget. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. VOTING EQUIPMENT LEASE BETWEEN CALHOUN COUNTY ELECTIONS OFFICE AND CALHOUN PORT AUTHORITY AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion to approve the voting equipment lease between Calhoun County Elections Office and Calhoun Port Authority and authorize the County Judge to sign was made by Commissioner Galvan and seconded by Commissioner Fritsch. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 11-FEB-2013 10:01 From:3615534443 Page:2/5 Voting Equipment Lease Basic Terms Date: February 11,2013 Lessor: Calhoun County, Texas Lessor's Address: Calhoun COWlty Court House 211 S. Ann, Port Lavaca, r,,1rnS 77979 Lessee: CalhoWl Port Authority Lessee's Address: Point Comfort, Texas Equipmel.\t ----L (number) voting machines described as ES&S AlItf)mark Term (days): 8 (,Earlv & Election Dav) (number of days) Commencement Date: APril 29. 2013 Termination Date: May 7. 2013 May 11, 20B-Election Day Rent: $ 2268.00 (early 1 machine@$5400.00for7davsx3%= 1134.00) (Election day 7 machines @5400.00tor 1 day x 3% = 1134.00) Security Deposit: $ Pennitted'Use: Election Voting Clauses lmd Covenants A. Lessee agrees to - 1. Lease the Equipment fOr the entire Term beginning on the Commencement Date and ending on the Termination Date 2. Accept the voting c:quipment in its present condition "AS IS," the equipment being currently suitable for the Permitted Use. 3. Obey (a) all '1pplicable laws relating to the use of the voting equipment and (b) any 11-FEB-2013 10:01 From: 3615534443 Page:3/5 requi,emeo.ts imposed by utility companies selVing or insurance companies CQvering the Premises. 4. Take reasonable Ollre!lot to damage or destroy the equipment. 5. Purchase and provide at the renters own expense aU baUots, software, programming and supplies necessary for the proper use of the voting machines. 6. Repair, replal:e, and maintain the voting equipment, normal wear excepted. 7. Retum the voting machines to the Colmty at the end of the lease tenn. 8. INDEMNIFY, DEFEND, AND HOLD LESSORAND LlENIlOLDERHARMLESS FROM ANY INJURY (AND ANY RESULTING OR .RELATE!> CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S FEES AND OTHER FEES AND COURT AND OTHER COSTS) OCCURRING IN THE USE OF THESE VOTING MACHINES. TIlE INDE:MNrrY CONTAlNEn IN 'l1IIS PARAGRAPH (a) IS :INDEPENDENT OF ANY INSURANCE, (b)WlLLNOTBE LIMI'l'EDBY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER THE WORKERS' COMPENSATION ACT OR SIMlLA.'REMPLOYJtE 8ENEFIT ACTS, (e) WlLLSURVIVE TIlE END OF THE nRM., AND (d) WILL APl?LY EVEN IF AN INJURy IS CAUSED IN waOLE ORIN PART BY THE ORDINARYNEGUGENCE OR STRICT LIAlJILrry OF CALHOUN BUT WILL NOT APPLY TO TIlE ExTENT AN IN.TUllY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MlSCONDUCT OF CALHOUN COUNTY. B. Lessee llW_ not to- 1. Use the equipment for any purpose other than the Pennitted Use. 2. Create a nuisance. 3. Permit any wasoo. 4. Use the equipment in any way that wollld increase insunutce premiums 01' void insurance on the equipment. 5. Change Lessor's equipment. 6. Alter the equipment. 7. Allow a lien to be plilCed QIl the equipment. C. Lessor agrees to _ I. Lease to Lessee th.e equipment for the entire Term beginning on the Commencement Date and ending on the Termination Date. 11-FEB-2013 10:01 From:3615534443 Page:4/5 2. Provide the Essential Services and instmction on the use and function of the equipment. 3. Repair, replace, and maintain the equipment as provided by the manufacture Wlll'l'anty on the equipllleIlt and to the extent of this warranty o.llly. D. Lessor agrees not to _ I. Interfere with Lessee's possession of the equipment as long as Lessee is /lot in deffiult. 2. Interfer in any way with the election and the use of the equipment during the election being held by the Lessee. E. Lessor lI.Qd Lessee agree to the foDowing: 1. Alterations. Any phy!icaJ additions or improvements to the equipment made by Lessee will become the property of Lessor. Lessor may require that Lessee, at the end of the Term and at Lessee's expense, Tentove any physical additions and improvements, repair any alterations, and restore the equipment to the condition mds1ing at the Commencement Date, nonnal wellI" excepted. 2. Abatement. Lessee's covenant to pay Rent and Lessor's covenants are independent. Except as otherwise provided, Lessee will not be entitled to abate Rent for any reason. 3. Insurf.l11Ce. Lessee and LesS/,lr will maintain the respective PERSONAL I>ltOPER.TY insllrance coverage's on equipment owned by them, being used by them or under their protection, possession or control. 4. Release QjC/ainWSlIhrogation. LESSOR AND LESSEE RELEAsE EACH 0'rf.lER AND LlllNHOLDER. fROM ALL CLAIMS OR LIABlLITlEs FOR DAMAGE TO 1llE EQUIPMENT, DAMAGE TO OR LOSS OF PERSONAL PROPERTY WlTHlN THE EQUIPMENT, AND LOSS THAT ARE COVERED BY TIlE RELEASlNG INSURANCE OR THAT WOULD HAVE BEEN COVERED BY THE REQUlJ.UID INSUR.ANCE IF THE PARTY FAIT.S TO MAINTAIN THE PERSONAL PROPERTY COVERl\GES REQUlRED BY TIlls LEASE. THE PARTY INCURRING THE DAMAGE OR LOSS WlLLBE RESPONSIBLE FOR ANY DEDUCTIBLE OR SELF-INSURED RETENTION UNDER ITs PROPERTY INSURANCE. LESSOR AND LESSEE WILL NOTIFY TlIE ISSUING PROPERTY INSURANCE COMPANIES OF THE RELEASE SET FORm IN THIS PARAGRAPH AND WlLL HA VB THE PERSONAL PROPERTY JNSURANCE POlICIES ENDORSED, IF NECESSARY, TOPREVENT INVALIDATION OF COVERAGE. nnSRELEASE WIILNOT A}>PL Y IF IT INV ALJDATES THE PROPERTY INSURANCE COVERAGE OF TI:lE RELEASING PARTY. THE RELEASE IN THIS PARAGRAl'H WILL APl'LY EVEN IF THE nAMAGE .oR LOSS J.S CAUSED IN WHOLE OR. IN PARI' BY 1'JD; ORDINARY NEGLIGENCE .oR. STRlCT LlABILJ.TY.oF THE RELEASED PARTY BUT WILL NOT APPLY TO. THE EXTENT THE DAMAGE.oR LOSS IS CAUS~D BY 11lE GROSS -......-. .~-..... 11-FEB-2013 10:02 F I' om: 3615534443 F'.:.ge:5/5 NEGLIGENCE Ok WILLFUL MlSCONDUCT OF THE RELEASED l'ARTY. 5. Alternative Dispute Resolutioll. LeSsor and Lesse~ llgree to mediate in good faith before filing a suit for damages. 6. Attorneys Fees. If either party retains an attorney to enforce this lease, the party prevailing in litigation is entitled to recover reasonable attorney's fees and oth~r fees and court and other costs. 7. Vem.e. Exclusive venue is in the county in which the Premises are located 8. Entire Agreement. TIlls lease is the entire qgreement of the parties, and there 'U'e no ora! representations, warranties, agreements, Or promises pertaining to this lease or to any expressly mentioned exhibits and riders not incorporated in writing in this lease. 9. Amendmellt of Lease, This lease may be amended only by an instmment in writing signed by Lessor and Lessee. 10. Limitation of Warranties. THERE ARE NO lMPLIED WARRANTIES OF .MERCHANTABn.JTY, OF FITNBSS FOR A PARTICULAR PURPOSE. OR Of ANY OTHER .KlND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTENO BEYOND THOSE EXPRESSLY STATE]).IN TIllS LEASE. 11. Notices. Any notice required or permitted under this lease must be in writing. Any notice required by this lease will be deemed to be delivered (whether actually received or not) when deposited willl the tJnited States Post!ll Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown u\ this lease. Notice may also be given by regular mail, personal delivety, courier delivety, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by Written notice delivered as provided herein. Lessor; Calhoun County T exes ~~ Lessee: C k\ \\c....W\ Po ".t t--~~\V-'-0' Br~\(,'" \.c', \ <>'~V)"'c.V\,; Tttle. 01.1;;-- iJ, I ',-:c~( f\,,\,t\\Q~ ily ------ VOTING EQUIPMENT LEASE BETWEEN CALHOUN COUNTY ELECTIONS OFFICE AND PORT O'CONNOR MUNICIPAL UTILITY DISTRICT: A Motion to approve the voting equipment lease between Calhoun County Elections Office and Port O'Connor Municipal Utility District was made by Commissioner Fritsch and seconded by Commissioner Lyssy. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer ail voted in favor. 04-1'm-2013 16136 From: 3615534443 P..,,:2'5 ~.,l 'C.~-; -, . ;'" I '. /' ../ "' Voting Equipment Lease Basic Terms Date:: March 4, 2013 Lessor. Calhoun County, Texas Lessor's Addras: Calhoun County Court House 21I S..AIm, Port Lavaca. Texas 77979 Lessee: Port O'Connor Municipal Utility District Lessee's Address: Equipment --L (number) voting machines described as ES&S Automark Term (days): BlEatly & Election Dav) (number of days) Commencemmt Date: Anril29. 2013 Terminatioa Date: Mav 7.2013 May II, 2013-Election. Day Rent: :5 1296.00 (earlv I machine@ $5400.00 for 7 davs x 3% - 1134.00) (Election d4v I mAr-loine @ $5400.00 for 1 day x 3% - $162.00 Security Deposit: $ Permitted Use: Election Voting A. Lessee agrees to - Clauses aad Covea...ts 1. Lease the Eql!ipment for the entire Term beginning on the Commencement Date and ending on the Termination Date 2. Accept the voting equipment in its present condition "AS IS," the equipment being curcently suitable for the Pennitted Use. 3. Obey (a) all applicable laws relating 1.0 the use of the voting equipment and (b) any 04-~-2013 16:36 From:3615534443 P..e:3'5 requirements imposed by utility companies serving or insurance companies Covering the Premises. 4. Take reasonable care not to dmnage or destroy the equiplIlCllt. s. Pun:base and provide at the rcmters owa 8lqlense aD ballots, software, progl'8lllmiug and supplies necessary for the proper use of the voting machines. 6. Repair, replau, and nudmain the voting equipment. DOnnal wear excepted. 7. Return the voting machines to the Collll1y at the end of the lease term. 8. INDEMNIFY, DEFEND, ANDHOIDLESSORANDLImlHOIDERHARMLEss FROM ANY INJURY (AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REAsONABLE EXPENSE, INCLUl>ING AITORNEY'S FEES AND OTIfER FEES AND COURT AND OTIfER COSTS) OCCUlUuNG IN THE USE OF THESE VOTING MACHINES. Tm: INDEMNnY CONTAINED IN TIDS PARAGRAPH (a) IS INDEl'ENDENT OF ANY INSURANCE, (b) Wll..LNOTBEI...lMlTED BY COMPARATIVE NEGLIGENCE STATtITES OR DAMAGES PAID UNDER THE WORKERs' COMPENSATION ACI' ORSIMILAllEMPLOYEE BENEFIT Acrs, (e) WD:.LSURVlVE THE END OF THE TERM, AND (d) WILL APPLY EVEN lP AN INJlJRY IS CAUSED IN WHOLE ORIN PART BY 'I'BE ORDINARY NJ:GUG!:NCE OaSTRICI' LIABILITY OF CALHOUN BUT WILL NOT APPLYTOTBE IlXTENT AN INJlJRYIS CAUSEDBYTBE GROSS NEGI.JGENCE OR WILLFUL MISCONDUCT OF CALHOUN COUNTY. B. Lessee agrees Dot to _ 1. Use the equipment for 8IJ)' purpose other than the Permitted Use. 2. Create a IIIli.umce. 3. Permit 8IJ)' waste. 4. Use the equipment in any way that would iDcrease insurance Premiwns or \loid insurance on the equipment. S. Cbange Lessor's equipment. 6. Alter the equipment. 7. Anowa lien to be placed on the equipment C. Lessor agrees to _ 1. Lease to Lessee the equipment for the entire Term btlgi"'""8 on the CoDIDIllllc:ement Date and ending 011 the Termination Date. 04-MRR-2013 16:36 From: 3615534443 . . Page:4....S , . 2. Provide the Essential Services and instruction on the use and function of the equipment. 3. Repair, replace, and lIIllintAin the equipment as provided by the IIIIIDIfllcture wamuny on the equipment and to the extent of this warranty ollly. D. Lessor agree, Dot to _ 1. Interfere with , essee's possession of the equipment as 10lllJ as Lessee is Dot in dc:&ult. 2. Interfel" in any way with the election and the use of the equipment during the election beiDg held by the Lessee. E. Lessor and Lessee agree to the 10Dowlog: I. A./ttlTlltions. Any physical additions or improvements to the equipment made by Lessee will become the property of Lessor. Lessor may require that Lessee, at the end oftha Term and at I ~Iee's expense, remove anyphysica1 additions and improvements, repair any alterations, and restore the equipJncnt to the condition existing at the Comm"llr--e:ut Date, BOnnaI Wear excepted. 2. Abatement. Lessee's COVeDaDt to pay Rent and I.essots covenams are independent. Except as otherwise provided, J flSCC will not be entitled to abate Rent for any reason. 3. /1ISUTant;e. 'essee and Lessor will maintain the respective PERSONALPROPER.TY insurance COVCIlIge's on equip.t11CDt owned by theIn, being used by them or under their protection, POssession or control. 4. R"I-,oIClmmslSubrogatJon. LESSORANDLESSEEREI&sEEACHOTIiER. AND LIENHOLDER FROM ALL CLAIMS OR LIABILITIES FOR DAMAGE TO THE EQUlPMENT, DAMAGE TO OR LOSS OF PERSONAL PROPERTY WITHIN THE EQUIPMENT, AND LOSS 'mAT ARE COVERED BY THE RELEAsING INSf.1R..\l'lCE OR THAT WOULD HAVE BEEN COVERED BY1lfE REQUIRED INSURANCE IF THE PAltTY FAILS TO MAINTAIN THE PERSONAL PROPERTY COVERAGES REQUJ1UID BY nus LEAsE. THE PAltTY INCURlUNG THE DAMAGE OR LOSS WILL BE RESPONSIBLE FOR ANY DEDUCTIBLE OR SELF-INSURED RETENTION UNDER. ITS PROPERTY INSlJRANCB. LESSOR AND LESSEE WILL NOTlFY THE ISSUING PROPERTY INSURANCE COMPA1IlIES OF 1lfE RELEASE SET FORlH IN nus PARAGRAPH AND WllL HAVE mE PERSONAL PROPERTY INSURANCE POUCIBS ENDORSED, 1F NECESSARY, TO PREVENT INV ALIDAll0NOF COVERAGB. THIS RELEAsE WILL NOT APPLY IF IT INVALIDATES THE PROPERTY INSURANCB COVERAGE OF THE RELEAsING PARTY. THE RELEASE IN THIS PARAGRAPH WILL APPLY EVEN IF THE DAMAGE OR LOSS IS CAUSED IN WHOLE Olt IN PART BY THE ORDINARY NJ:GLlGENCE OR STRIcr LlA.BILtrY OF THE R'r.T .'r.-\SI:D PA.lln BUT WlLL NOT APPLY TO THE EXTENT THE DAMAGE Olt LOSS IS CAUSED BY TIlE GROSS ..... -- .. 04-~-2013 16:37 From: 3615534443 .' P..e:5'5 . NEGLIGENCE OR WILLFUL MISCONDUCT OF TIlE RELEASED PARTY. 5. Alternative Disputs Resolution. Lessor and Lessee agree to mediate in good faith before filing a suit for dAmAges. 6. Attomey's Fees. If either party retains IUI attorney to enforce this lease, the party prevailing in litigation is entitled to recover rCll80llIIble attorney's fees and other fees and court lIlld other costs. 7. Venue. Exclusive venue is ill the COunty in which the Preulises are located. 8. EntIre Agreement. Tbislease is the emire &greemll!lt of the parties, IUId there are no oral represeotations, warranties, asreemeots. or promises pertaining to this lease or to any expressly mentioned exhibits lIlld riders not incorporated in writing in this lease. 9. Amendment of Leos& This lease may be amended only by an instrument in writing signed by Lessor and I "'see. 10. Limitation of WarrtmJieg. 1'HBRE ARE NO IMPLIED WARRANTms OF MERCHANTABILITY, OF FlTNBsS FOR APAR.TICUl.AR PURPOSE, OR OF ANY 01'HE.R KIND ARISING OUT OF THIS LEASE, AND 1HBRE ARE NO WARR.AN'n:Es THAT EXTEND BEYOND mOSE EXPRESSLY STATED IN TIlIS LEASE. II. Notices. Any notiea required or Permitted under this lease must be in writing. Any notice required by this lease will be deemed to be delivered (whether llCtually received or not) when deposited with the Uuited States Postal Scmte, postage prepaid, certified rnail, return receipt requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be given by regular mai1, persoQ.\ delivery, courier delivery. &eaimiJe transmission, or other conunercially reasollllble means and will be efFectivo when actua1Jy received. Any address for notice may be changed by written notice delivered as prolfided herein. Lessor: Calhoun County Texas t- I Michael Pfieter, Lessee: '. Wtllhl-- 1Ol1rtt ~ ~ By: Tide: . EXECUTIVE SESSION: The Commissioners Court shall go into Executive Session as authorized by V.T.eA. Government Code Chapter 551, Subchapter D. Following is the subject matter of the Executive Session and the Specific Section of the Open Meetings Act permitting discussion/deliberation in Executive Session. Section 551.072 A government body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Property to be discussed is for a Memorial Medical Center Clinic. Executive Session began at 10:25 A.M. Executive Session ended at 10:39 A.M. TAKE NECESSARY ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION: The Court has chosen to take no action at this time. Pass on this agenda item. COUNTY REPORTS: The following monthly reports were presented: 1) Justices of Peace: i. Justice of the Peace #5: February 2013 A Motion to approve the County Reports was made by Judge Pfeifer and seconded by Commissioner Galvan. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 03/07/2013 16:24 361-983-2461 CALHOUN CO PCT 5 PAGE 01 Calhoun County Justice Court, Pct 5 Judge Nancy Pomykal 508 West Main PO BoX 454 Port O'Connor, Texas 77982 Phone (361) 983-2351 Fax (361) 983-2461 03-07 -13 FACSIMILE TRANSMITTAL To: II:I.E...I::!QN. MIKE PFEIFER AND COMMISSIONERS COUBI Fax: 361-553-4444 PAGES TO FOLLOW .JL INCLUDING THIS COVER SHEET From: JUDGE.; NANCY POMYKAL Subject: MONTHLY REPORT OF COLLECTIONS FOil THE MONTH OE FEBRUARY. 2013 Comments: Faxing the reDort of ,<ollections of February. 2013 Please Rive me a call if you have any questions. Thank you, fItu/ge ;t>~wrhe The information contained In the facsimile message is confidential, Intended only for the use of the Individual or entity named. If the reader of this message is not the Intended recipient, or the employee or agent responsible to deliver said message to the Intended recipient, you are hereby notified that any dissemination, distribution, copying or the taking of any action in reliance on the contents of this communication Is strictly prohibited. If you have received this communication In error, please Immediately notify us by telephone and return the original message to us at the above address via the U. $. Postal Service. 03/07/2013 16:24 03/07/2013 361-983-2461 CALHOUN CO PCT 5 Money Distribution Report J.P. 5 MONTHLY REPORT FEBRUARY 201) PAGE 02 Page 1 Receipt C8U&A/Dtfendant -----------_____~.~~____WM~~___________________________________________________w_~______________M~~_________________________________ Tote~ I I 0374639 12-10-0305 02-06-2013 I FINE OAVIS, JULIE MARIE C.sh I 02-11-2013 I JSF I JCSF I I JSF I JPAY I 0374642 13-02-0152 02-13-2013 I JSF 4.00 HILL, JONATHAN HARSHALL I JCSF 1.00 company Check I 0374643 13-02-0151 02-13-2013 I JSF 4.00 HILL, JONATHAN MARSHALL I JPAY 6.00 comp.ny check I 0374644 13-02-0158 02-13-2013 I EXRF 20.00 CAsTILLO, CRISTOBAL H I C.sh I 0374645 13-02-0159 02-13-2013 I EXRF 20.00 CASTILLO, CRISTOBAL H I c.sh I 0374646 13-01-0140 02-14-2013 I EKRF 20.00 DUNNAH, THOMAS EUGENE I Peraonal CheCK I 02-14-2013 I JSF I JCSF I I JSF I JPAY I I JSF I JCSF credit C.rd I 0374650 13-02-0157 02-19-2013 I JSF HENRIQUEZ, ELVIN JUVITE I JPAY C.sh I 02-21-2013 I JSF I JPAY I JSF I JPAY I I JSF I JPAY I I JSF 4.00 I JCSF 1.00 I I JSF JPAY I I J$F 4.00 I JPAY 6.00 I 0374640 13-02-0150 CHAPA, I$AAC Cash 0374641 13-02-0153 02-12-2013 ALTAMIRANO, ISRAEL A Cash 0374647 13-01-0135 STAFFORO, KIM8ERLY Cosh 0374648 13-01-0146 02-14-2013 STALKUP, HANDY ELAINE Personlll t Chec;k 02-14-2013 0374649 13-02-0160 CASTRO, DANIEL 0374651 13-02-016a SAENZ, STEVEN J. cash 0$74652 13-o~-0175 02-21-2013 TOVAR, BENIGNO PEREZ tash 0374653 12-10-0313 0~-21-2013 GUTIERREZ, CHRISTOPH~R Compony Ch.ok 0374654 12-10-0311 0~-~1-2013 GUTI~RREZ, CHRISTOPHER compony Check 02-21-2013 0374655 13-01-0149 RA~eY, MATTHEW W C~shier'~ Check 0374656 13-02-01~Q 02-21-2013 RICHARDSON, TObb MARTIN pe~$()nal Chl'/lot( Cod. Amount I Code Amount I 85.00 I I I 4.00 I TFC 1.00 I JPAY I 4.00 I CeC 6.00 I IDF I I TFC JPAY 2.94 I TFC 0.73 I JPAY I 4.00 I ccc 6.00 I 10F I 4.00 I TFC 1.00 I JPAY I 4.00 I ccc 6.00 I IDF I 4.00 I CCC 6.00 I IDF I 4.00 I CCC 6.00 I lOF I 4.00 I CCC 6.00 I IOF I 1m I JPAY I 4.00 I CCC 6.00 I IDF I I ccc I IDF I I cod. Amount I I I I 3.00 I CCC 40.00 6.00 I IDF 2.00 I 40.00 I CHS 3.00 2.00 I PWF 200.00 I 3.00 I CCC 6.00 I IDF I 40.00 I CHS 2.00 I OFF I I I I I I I I I I 2.20 I m 4.41 I IDF CCC 10F 40.00 2.00 3.00 6.00 40.00 2.00 40.00 2.00 40.00 2.00 I 40.00 I 2.00 I I 3.00 I 6.00 I I 40.00 I 2.00 I I 40.00 I tH$ 2.00 I PWF I 40.00 2.00 I 3.00 I 100.00 I I I I I I I I I I I 29.37 I 1.47 I I CHS 3.00 I PWF 25.00 I I CCC 40.00 I CHS IbF 2.00 I MVF I CH$ 3.00 I PWF 200.00 I I CHa 3.00 I LAF FINE 200.00 I I CHS 3.00 I SAF FINE 55.00 I I CHS 3.00 I LAF FINE 355.00 I I CCC 40.00 I CHS IDF 2.00 I MVF I CHS 3.00 I PWAF WSF 300.00 I I ~.OO I PWA. 100.00 I I code Amount I Code Amount I I I I CHS 3.00 I SAF 5.00 MVF 0.10 I FINE 1.90 I PWAF 5.00 I TF I I CHS 3.00 I SAF 5.00 MVF 0.10 I DFF 21.90 I sM 5.00 I TF I I I I I I I I I I I CHS 2.20 I SAF MVF 0.07 I I PWAF S .00 I TF I I 3.00 I SAF 0.10 I FINE I PWAF 5.00 I TF I I 5.00 I TF 5.00 5.00 3.00 0.10 5.00 5.00 Code Amount 85.00 TF 4.00 SUBC 30.00 100.00 4.00 1.00 265.00 JCSF TF 4.00 SUBe 30.00 120.00 4.00 1.00 I I I I I I I I I I I I 2.94 I I I 1.00 I I I 4.00 I 30.00 I I 185.00 JC~F 165.00 20.00 20.00 20.00 3.67 I TF I I 4.00 I JCSF I I 5.00 I TF 86.90 I SUBC I 4.00 I JCSF 1.00 I I 4.00 I JtsF 1.00 I I 4.00 I JCSF 1.00 I I 4.00 I JCSF 1.00 I I LAF 5.00 I TF 4.00 FINE 126.90 I aUBC 30.00 I 4.00 I JCSF 1.00 I I 4.00 I JCSF I I 50.00 90.00 265.00 265.00 TF 120.00 TF 420.00 225.00 TF 365.00 TF I 1.00 I I I 165.00 03/07/2013 16:24 361-983-2461 CALHOUN CO PCT 5 PAGE 03 03/07/2013 Honey Oi.tr1bution Report Page 2 J.P. 5 MONTMLY REPORT FEBRUARY 2013 ----------_______~_~~~~~~~_~.~__.w___~_~~~_._______.M__..~M_.____w~_~_W~WM___WWW___W__M_____~__M~._~_~~~~~_________________________ R...ipt c'us./Oefend.nt I Cod. Amount I Cod. Amount I Co~. Amount Code Amount I Co~. Amount I Code Amount I Tntel I I I I I I 0374657 1302-0192 02-22-2013 I EXRF 20.00 I I I I I 20.00 SAENZ, STEVEN J. I I I I I cuh I I I I I 0374659 1302-0191 02-22-2013 I eXRF 20.00 I I I I 20.00 SAENZ, STEVEN J. I I I I I C~sh I I I I I 0374659 13-02-0167 02-22-2013 I JSF 4.00 TIC 3.00 I CCC 40.00 CHS 3.00 I LAF 5.00 I TF 4.00 I 120.00 ELLISON, BRADLEY JOSEPH I JCSF 1.00 JPAY 6.00 I IDF 2.00 MVI 0.10 I OFF 21.90 I SUBC 30.00 I p.<<rsonal Check I I I I I 0374660 13-01-0136 02-22-2013 I JSF 4.00 TFC 3.00 I CCC 40.00 CHS 3.00 I SAF 5.00 I TF 4.00 I 10a.00 AMASON, JAYSEIGH RASCHELLE I JCSF 1.00 JPAY 6.00 I 101 2.00 MVI 0.10 I CSC 9.90 I SUBC 30.00 I Personal Check I I I I I I 0374661 13-02-0181 02-25-2013 I JSF 4.00 TFe 3.00 I ecc 40.00 I CHS 3.00 I SAF 5.00 I TF 4.00 I 165.00 CANTU, MIGUEL I JCSF 1.00 JpAY 6.00 I 101 Z.OO I MVF 0.10 I FINE 66.90 I SUBC 30.00 I Per.on.L Check I I I I I 0374662 13-02-0172 02-26-2013 I JSF 4.00 I TFC 3.00 I cee 40.00 I CHS 3.00 I SAF 5.00 I TF 4.00 I 108.00 RESENDEZ, LORENZO GARCIA I JCSF 1.00 I JPAY 6.00 I IOF 2.00 I MVF 0.10 I OSC 9.90 I SUBC 30.00 I Money order I I I I I I I 0374664 13-02-0182 02-26-2013 I JSF 4.00 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF $.00 I TF 4.00 I 185.00 STAFFORD, MCCULLEN PIERCE I JC$F 1.00 I JPAY 6.00 I 10F 2.00 I MVF 0.10 I FINE 86.90 I susc 30.00 I Credit CllIrd I I I I I I I 03/07/2013 16:24 361-983-2461 CALHOUN CO PCT 5 PAGE 04 03/07/2013 Money Distribution Report pege 3 J.P. 5 MONTH~Y REPORT FEBRUARY 2013 ___________~~_____~___~_w__________________________~__-----------..----~--~----------------------~------------~-------------------- The following tot.lo r.p,...nt - C.sh .no Check. coll.cted Type Code DetlOI";~t;on CQI,mt Rot.i ned D1.bu,.ed Money-Totals The following tot~l, represent - Cosh and Checks collected COST CCC CONSOLIDATED COURT COSTS 17 66.~4 602.43 66~.37 COST CHS COURTHOUSE SECURITY 17 50.20 0.00 50.20 COST IDF INDIGENT DEFENSE FUND 17 3.3S 30.12 33.47 COST JCSF JUSTICE COURT SECURITY FUND 17 16.73 0.00 16.73 COST JPAY JUDGE PAY RAISE FEE 17 10.04 90.37 100.41 COST JSF JUROR SERVICE FUND 17 6.6~ 60.25 66.94 COST LAF SHERIFF'S FEE 4 20.00 0.00 20.00 COST MVF MOVING VIOLATION FEE 8 0.08 0.69 0.77 con PWAF TeXAS PARKS & WILDLIFE 5 20.00 5.00 25.00 COST SAF DPS 8 30.94 7.73 38.67 COST TF TECHNOLOGY FUND 17 66.94 0.00 66.94 COST TFC 1FC 8 23.20 0.00 23.20 FEES OFF DEFERRED FEE 3 143.80 0.00 143.80 FeES DSC DRIVER SAFETY COURse 01/2008 2 19.BO 0.00 19.80 FEES EXRF EXPIRATION RENEWAL FEE 5 100.00 0.00 100.00 Fees sUBC SUB Tl T~E C 7 10.50 W~.50 210.00 FINE fiNE fiNE 7 890.70 0.00 890.70 FINE PWF PARKS & ~ILDLIFE FINE 4 78.75 446.25 525.00 FINE WSF WATER SAFETY FINE 1 45.00 255.00 300.00 Money Totalfi 23 1,603.66 1,697.34 3,301.00 The following totals repre,ent - Tran&fer~ CoLlected COST cce CONSO~IDATED COURT COSTS 0 0.00 0.00 0.00 CO$T C~S COURTHOUSE SECURITY 0 0.00 0.00 0.00 COH IDF INDIGENT DEFENSE FUND 0 0.00 0.00 0.00 COST JCSF JUSTICE COURT SECURITY FUND 0 0.00 0.00 0.00 COST JPAY JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 COST JsF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST ~AF S~ERIFF'S FEE 0 0.00 0.00 0.00 COST MVF MOVING VI0~ATI0N FEE 0 0.00 0.00 0.00 COST PUAF TEXAS PARKS & WilDLIFE 0 0.00 0.00 0.00 COST SAF DP$ 0 0.00 0.00 0.00 COST TF TECHNOLOGY FUND 0 0.00 0.00 0.00 COST TFe TFt 0 0.00 0.00 0.00 FEES OFF DEFERRED FEE 0 0.00 0.00 0.00 FEES DsC DRIVER SAFETY COURSE 01/2008 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 fEES SUBC SUB nTLE C 0 0.00 0.00 0.00 FINE FINE HNE 0 0.00 0.00 0.00 FINE PWF PARKS ~ WILDLIFe FINE 0 0.00 0.00 0.00 FINE WSF WATER SAFETY FINE 0 0.00 0.00 0.00 Tr.,,10r Tot.l. 0 0.00 0.00 0.00 The folLowing tatal$ represent - Jail tr~d1t and Commu~;ty ~erviae 03/07/2013 15:24 351-983-2451 CALHOUN CO PCT 5 PAGE 05 03/07/2013 Honey Di.tribotion Report P~ge 4 J.P. ; MONTHLY REPORT FEBRUARY 2013 __6~___~~MMM______~~~____________~~______~__.____________~~_______~_____________~_________._________________--~--------------~------ The following total, repres*nt - Jail Credit _nd cOMMunity Service Type Code Description CO"nt Retained Disbursed t1oney...Tot"ls COST CCC CONSOLIDATED COURT COSTS 0 0.00 0.00 0.00 COST CHS COURTHOUSE SECURITY 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE FUND 0 0.00 0.00 0.00 COST JCSf JUSTICE COURT SECURITY fUND 0 0.00 0.00 0.00 COST JPAY JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 COST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST lAF SHERIFF'S fEE 0 0.00 0.00 0.00 COST MVf MOVING VIOLATION FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 coST SAF DPS 0 0.00 0.00 0.00 COST TF TECHNOLOGY fUND 0 0.00 0.00 0.00 COST TFC TFC 0 0.00 0.00 0.00 FEES DFf DEFERRED FEE 0 0.00 0.00 0.00 FEES DSC DRIVER SAFETY COURSE 01/2008 0 0.00 0.00 0.00 fEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES SUBC sua T ULE C 0 0.00 0.00 0.00 FINE FINE FINE 0 0.00 0.00 0.00 FINE PWF PARKS & WILDLIfE FINE 0 0.00 0.00 0.00 fINE WSF WATER SAFEry FINE 0 0.00 0.00 0.00 cr-tdi t Totals 0 0.00 0.00 0.00 The following totel. repr...nt - Credit Cerd Peyment. COST CCC CONSOLIDATED COURT COSTS 2 8.00 72.00 BO.OO CoST CHS COURTHOUSE SECURITY 2 6.00 0.00 6.00 COST IDF INDIGENT DefENse FUND 2 0.40 3.60 4.00 COST JCSF JUSTICE COURT SECURITY FUND 2 2.00 0.00 2.00 COST JPAY JUDGE PAY RAIS~ FEE 2 1.20 10.aO 12.00 cosr JSF JUROR SERVICE FUND 2 0.60 7.20 8.00 COST lAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST MVF MOVING VIOLATION FEe 2 0.02 0.16 0.20 COST PWAf TEXAS PARKS & WILDLIfE 0 0.00 0.00 0.00 CosT SM DPS 2 6.00 2.00 10.00 COST TF TECWNO"OGY FUND 2 8.00 0.00 8.00 COST TfC TfC 2 6.00 0.00 6.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 fEES DSC DRIVER SAfETY COURSE 01/2008 0 0.00 0.00 0.00 PEes EXRF EXPIRATION RENEWAL fEE 0 0.00 0.00 0.00 fEEs Suet sua rITLE C 2 3.00 57.00 60.00 FINE FINE FINe 2 173.BO 0.00 173.60 FINE PWF PARKS & WILDLIfE FINE 0 0.00 0.00 0.00 FINE WSF WArER SAFETY FINE 0 0.00 0.00 0.00 Credit Tota L.$ 2 217.22 152.78 370.00 The fQLLQwing totala represent - Combined Honey and Credits COST CCC CONSOLIDATED COURT COSTS 19 74.94 674.43 749.37 03/07/2013 16:24 361-983-2461 CALHOUN CO PCT 5 PAGE 06 03/07/2013 Money Oi8t~ibut;on R~port Page 5 J.P. 5 MONTHLY RepORT FEBRUARY 2013 ______~___~___________________._~__.~~---_______________M___.~~~_____________~_M_____m______________~____~______________~_____W"__ The following tQt~l9 represent - Combined "oney and Credits Typ. cod6 Description Count Rl:teined o i .buroed Honey-Totals. COST CHS COURTHOUSE SECURITY 19 56.20 0.00 56.20 COST 10f INDIGENT DEFENSE FUND 19 3.75 33.72 37.47 COST JCSF JUSTiCe COURT SECURITY FUND 19 18.73 0.00 18.73 COST JPAY JUDSE PAY RAISE FEE 19 11.24 101.17 112.41 COST JSf JUROR SERVICE FUND 19 7.49 67.45 74.94 COST LAf SHeRIF F' S FEE 4 20.00 0.00 20.00 COST MVF MOVINS VIOLATION FEE 10 0.10 0.87 0.97 COST PWAr TEXAS PARKS & WILDLIFE S 20.00 5.00 25.00 COST SAF DPS 10 38.94 9.73 48.67 COST TF TECHNOLOGY fUND 19 74.94 0.00 74.94 COST TFC TFC 10 29.20 0.00 29.20 fEES OFF OEFERREO FEE 3 143.80 0.00 143.80 FEEs Dse DRIVER SAFETY COURSE 01/2008 2 19.80 0.00 19.80 FEES EXRF EXPIRATION RENEWAL FEE 5 100.00 0.00 100.00 FEES SUBC SUB TITLE C 9 13.50 256.50 270.00 fINE FINE FINE 9 1,064.50 0.00 1,064.50 FINE PWF PARKS & WllOllFE FINE 4 78.75 446.25 525.00 FINE WSF WATER SAFETY FINE 1 45.00 255.00 300.00 Repot't Tota ls 25 1,820.88 1,850.12 3,671.00 03/07/2013 16:24 361-983-2461 CALHOUN CO PCT 5 PAGE 07 03/07/2013 ~oney Distribution ~eport page 6 J.P. ~ ~ONTHLY REPORT FEB~UARY 2013 ~~~________________________~~w_____~_______________________~.____________~~____~_~~___________~_______________---------------------- DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS RESTITUTION OTHER TOTAL 00-00-0000 Cosh & check. Colleoted 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail cr&dit. & tomm S.rvic& 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit c*rd$ & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all colloction. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1991 Co.h & Cheok. Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Cr&dits & (Qmm SerV;t~ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credi~ C,rds & Trln~fer$ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of oll collection. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1993 ca&h & checks CQl~eoted 0.00 0.00 0.00 0.00 0.00 0,00 0.00 JaiL Cr@d1t& & Comm Servi90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 credit cord. & Tron.for. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Totol of oll colloctions 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-199. Co.h & chock. Colleoted 0.00 0.00 0.00 0.00 0,00 0.00 0.00 J81l C~8dit& & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit C~rd$ & Trmns1*rs 0.00 0.00 0.00 0.00 0,00 0.00 0.00 Totol of alL collection. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1997 t~$h & Checks collected 0.00 0.00 0.00 0.00 0.00 0.00 0,00 Joil crodits & Comm S.rvieo 0.00 0.00 0.00 0.00 0.00 0.00 0.00 credit Cerda & TMt'I:!i1er.s 0.00 0.00 0.00 0,00 0.00 0.00 0.00 Total of all Colleotion$ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1999 co.h & choeks collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & CQmm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Ttln$fer$ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Totol of all collection. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-2001 Cosh & CheQks CollBot.d 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Cted;t& & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 credit t~rds & Trans1er~ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tetal 01 all CoLleotion~ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-2003 C..h & check. Colleet.d 0.00 0.00 0.00 0,00 0.00 0.00 0.00 Jail crodit. & Comm servi.e 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cerda ~ Tran&1er$ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Totel of el~ Collection& 0.00 0.00 0.00 0.00 0.00 0.00 0.00 01-01-2004 co.h , Check. collect.d 1, 71~. 70 1,111.70 473.60 0.00 0.00 0.00 3,301.00 Jail Credit$ & CDm~ service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit ca~ds & transfer$ 173.80 136.20 60.00 0.00 0.00 0.00 370.00 Totol of oll collection. 1,889.S0 1,247.90 S33.60 0.00 0.00 0.00 3,671.00 TOTAl.S co.h & check. coLl.eud 1,715.70 1,111.70 473.60 0.00 0.00 0.00 3,301.00 Jail Credit. & Com. Servi.e 0.00 0.00 0.00 0.00 0,00 0.00 0.00 credit cord. & Tren.t.r. 173.80 136.20 60.00 0.00 0.00 0.00 370.00 Total of oll Coll.ction. 1,889.50 1,247.90 .33.60 0.00 0.00 0.00 3,671.00 03/07/2013 16:24 361-983-2461 CALHOUN CO PCT 5 PAGE 08 03/07/a013 Honey Di.tribution R.port Pogo 7 J.P. 5 HONTHLY REPORT FEBRUARY 2013 _~__~~________~NM_____~~__________________________M___"_~~_____________~______________~_______~____w_______._____~_____________~____ DATE PAYMENT-TYPE fiNES COURT-COSTS FEES BONDS RESTITUTION OTMoR TOTAL Stat~ 01 Texas Quarterly R~porting TQtals Ducription COUI'\t CoLlecUd Rl!!tained D labur..d $tQte Comptroll.~ Cost and Fees Report Section I: Report for Off.n... Committed 01-01-04 Porw.rd 19 749.37 74.94 674.43 09-01-01 - 12-31-03 0 0.00 0.00 0.00 08-31-99 - 08-31-01 0 0.00 0.00 0.00 09-01-97 - 08-30-99 0 0.00 0.00 0.00 09-01-91 - 08-31-97 0 0.00 0.00 0.00 aoil Bona F.e 0 0.00 0.00 0.00 DNA Tetting Fee - Convictions 0 0.00 0.00 0.00 DNA Te'ting Fe. - Comm $upvn 0 0.00 0.00 0.00 DNA Tetting Fe~ ~ Juvenil& 0 0.00 0.00 0.00 eMS Tr.um. Fund (EHS) 0 0.00 0.00 0.00 Juveni~e Probation Divere;Qn F.~$ 0 0.00 0.00 0.00 Jury Re1mbureement Pee 19 74.94 7.49 67.45 Indigent Defense Fund 19 37.47 3.75 33.72 MOVing ViQL.t1on Fe.s 10 0.97 0.10 0.87 Stet. Tr.ffi. Fine 9 270.00 13.50 256.50 Seotion 11: A& Applicable Peace Officer F~~a 15 73.67 58.94 14.73 F.il~re to Appe.r/Poy F... 0 0.00 0.00 0.00 Judicial Fynd - Canst county Court 0 0.00 0.00 0.00 Judici.l Fund - Statutory County Court 0 0.00 0.00 0.00 Motor (~rri~r Weight VioLet ions 0 0.00 0.00 0.00 Tiffle PaYMent Fee, 0 0.00 0.00 0.00 D~iving R~cord Fee 0 0.00 0.00 0.00 Judicial Support F~e 19 112.41 11.24 101.17 Report S~b Total 110 1,318.83 169.96 1,148.87 stlte Comptroll&r Civil Fees R~port CF: Birth Certificate Fe.. 0 0.00 0.00 0.00 CF: Marri.ge Licenat fee. 0 0.00 0.00 0.00 Cf: Declarat;on of Informal Marri_ge 0 0.00 0.00 0.00 CF: Nond1bClosure Fee$ 0 0.00 0.00 0.00 CF': 'Juror Donations. 0 0.00 0.00 0.00 CF: Ju.tic. Covrt Indlg Filing F... 0 0.00 0.00 0.00 CF: St.t prob CoUrt Indig Filing F... 0 0.00 0.00 0.00 CF: $t.t Prob Court Judie Filing F.e. 0 0,00 0.00 0.00 CF: Stat cnty Court Indig Filing F... 0 0.00 0.00 0.00 CF: Stat Cnty Covrt JUdie Filing Fe.. 0 0.00 0.00 0.00 CF: Cnst Cnty Court Indig filing F~es 0 0.00 0.00 0.00 CF: Cnst cnty Court Jvdie FillnQ F..s 0 0.00 0.00 0.00 CF: Dist Court Divorce & FaMily Lew 0 0.00 0.00 0.00 CF: Dlot Court Other Divoroe/Family Low 0 0.00 0.00 0.00 CF: Piat Court Indig Legal Servioe, 0 0.00 0.00 0.00 CF'; Judicial support Fee 0 0.00 0.00 0.00 Report Sub Total 0 0.00 0.00 0.00 TotQL D~e For This Period 110 1,318.83 169.96 1,148.87 BILLS: Claims for Memorial Medical Center Operating Fund totaling $1,343,082.26 and for Indigent Healthcare totaling $45,221.61 for a total amount of $1,388,303.87 were presented by Memorial Medical Center and after reading and verifying same a Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve the bills and that all said claims are approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Vendor Disbursement Claims totaling $849,322.91 and Transfer Between Funds to Calhoun County Indigent Health Care in the amount of $45,221.10 for a total amount of $894,544.01 were presented by the Calhoun County Treasure's Office and after reading and verifying same a motion was made by Commissioner Fritsch and seconded by Commissioner Gaivan to approve the bills and that all said claims are approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. MEMORIAL MEDICAL CENTER " COMMISSIONERS COURT APPROVAL LIST FOR m__ March 28. 2013 MEMORIAL MEDICAL CENTER OPERATING FUND MEMORIAL MEDICAL CENTER WEEKLY CHECKS Date Approved bv Countv Auditor (See attached lists) 2/7/2013 Weekly Payables 2/7/2013 Patient Refunds 2/12/2013 Weekly Payables 2/14/2013 Weekly Payables 2/14/2013 Patient Refunds 2/15/2013 Weekly Payables 2/20/2013 Weekly Payables 2/28/2013 Weekly Payables Total Payables and Patient Refunds MEMORIAL MEDICAL CENTER PAYROLL Date of Pavroll Run & Date Liabilitv Called In (See attached lists) 1/29/2013 Net Payroll 2/5/2013 Payroll Liabilities 2/7/2013 Net Payroll 2/12/2013 Net Payroll 2/13/2013 Net Payroll 2/19/2013 Payroll Liabilities Total Net Payroll and Payroll Liabilities GRAND TOTAL OPERATING FUND APPROVED INDIGENT HEAL THCARE FUND EXPENSES $ 105,869.66 1,282.86 1,000.00 222,125.64 2,605.17 16,200.00 257,308.69 148,907.19 $ 213,648.84 79,204.01 3,700.19 212,023.02 529.08 78,677.91 $ 755,299.21 $ 587,783.05 $ 1,343,082.26 $ 45,221.61 IGRAND TOTAL BILLS APPROVED 3/28/2013 $ 1,388,303.87\ MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---- March 28. 2013 INDIGENT HEAL THCARE FUND: INDIGENT EXPENSES Donald Breech MD Coastal Medical Clinic Clinical Pathology Labs Community Pathology Associates William J. Crowley D.O. Michelle M. Cummins MD Discovery Medical Network, Inc. HEB Pharmacy Mau-Shong Un MD Memorial Medical Center (In-patient $26.511.03 Out-patient $5,366.57 ER $3.097.37) Port Lavaca Clinic Ahmad I. Qadri MDPA Radiology Unlimited PA SUBTOTAL Memorial Medical Center (Indigent Hea1thcare Payroll and Expenses) 40.27 758.65 146.56 150.23 109.32 138.14 1,253.42 663.17 118.73 34,974.97 682.83 33.27 311.16 39,380.72 5,840.89 TOTAL APPROVED INDIGENT HEAL THCARE FUND EXPENSES 45,221.61 **$430.00 in Co-Pays were collected by Memorial Medical Center in February @IHS Source Totals Report Issued 03/21/2013 Calhoun Indigent Health Care 2-1-13 through 2-28-13 For Vendor: All Vendors Source Description Amount Billed Amount Paid 01 Physician Services 02 Prescription Drugs 05 Lab/x-ray 08 Rural Health Clinics 13 Mmc -Inpatient Hospital 14 Mmc - Hospital Outpatient 15 Mmc - Er Bills 8,984.50 663.17 1,869.00 1,653.02 47,341.13 15,784.05 9,109.90 2,311.70 663.17 296.79 1,134.09 26,511.03 5,366.57 3,097.37 Expend itu res Reimb/Adjustments 85,404.77 0.00 39,380.72 0.00 Grand Total 85,404.77 39,380.72 Fiscal Year 82,365.17 Payroll/Expenses 5,840.89 APPROVE!) ev ". MAR 2 1 2013 CALHOUN COUNTY A!JDlTOfl Lf'M1v:Uu 't!f1(j-ftU~ Calhoun County Indigent Coordinator " 800 03212013 ollcALHOUN COUNTY, TEXAS DATE: 3/21/2013 VENDOR # 852 CC Indigent Health Care ACCOUNT ~NIT TOTAL NUMBER DESCRIPTION OF GOODS OR SERVICES QUANTITY PRICE PRICE 1000-800 98722-999 Transfer to Dav bills for Indiaent Health Care $45,221. 61 ann roved by Commissioners Court on 3/28/2013 for a total of $45,221. 61 1000-001-46010 February Interest $0.51 ($0.51) $45,221.10 COUNTY AUDITOR THE ITEMS OR SERVICES SHOWN ABOVE ARE NEEDED IN THE DISCHARGE APPROVAL ONLY OF MY OFFICIAL DUTIES AND I CERTIFY THAT FUNDS ARE AVAILABLE TO PAY THIS OBLIGATION. APPROVED , BY DEPARTMENT HEAD DATE I CERTIFY THAT THE ABOVE ITEMS OR SERVICES WERE RECEIVED BY ME MAR '2 2 2013 IN GOOD CONDITION AND REQUEST THE COUNTY TREASURER TO PAY THE ABOVE OBLIGATION. CALHOUN COUNTY BY: ,I'lh JL..-t ~ ~ .v~ AUDITOR 3/21/13 DEPARTMENT HEAD" DATE 2013 Calhoun Indigent Care Patient Caseload Approved Denied Removed Active Pending Jan 5 1.2 5 55 28 Feb 4 22 7 51 26 Mar Apr May Jun Jul Aug Sept Oct Nov Dec YTD 9 34 12 106 54 Monthly Avg 5 17 6 53 27 RUN DATE, 03/19/13 TUlE, 07,49 HEMORII1 HEDlCAL CENTER RECEIPTS FROM 02/01/IJ TO 02/28/IJ PAGE 9B RCHREP G/L NUMBER RECEIPT PAY DATE NUHBER TYPE PAYER CASH AMOUNT RECEIPT AMOUNT NUMBER NMIE DISC CDLL GL CASH DATE !NIT CODE ACCOUNT 50240.00002/01/IJ 10.00 10.00 PLB 2 50240.00002/04/IJ 10.00 10.00 BEH 2 50240.00002/04/IJ 10.00 10.00 PLB 2 50240.00002/04/IJ 10.00 10.00 PLB 2 50240.00002/05/13 10.00 10.00 PLB 2 50240.00002/05/13 10.00 10.00 PLB 2 50240.00002/05/13 10.00 10.00 PLB 2 50240.000 02/05/13 10.00 10.00 PLB 2 50240.00002/05/13 10.00 10.00 PLB 2 50240.00002/06/13 10.00 10.00 CAM 2 50240.000 02/06/13 10.00 10.00 CAM 2 50240.000 02/06/13 10.00- 10.00- CAM 2 50240.000 02/07/13 10.00 10.00 CAM 2 50240.00002/0B/IJ 10.00 10.00 KRR 2 50240.00002/0B/13 10.00 10.00 PLB 2 RUN DATE, 03/19/13 TnIE,ON9 MEllORIAL 11EDICAL CENTER RECEIPTS FROM 02/01/13 TO 02/28/13 G/L NUMBER RECEIPT PAY DATE NUMBER TYPE PAYER CASH AIIOUNT 50240.000 02/n/13 50240.000 02/n/13 50240.000 02/n/13 50240.00002/n/13 50240.00002/12/13 50240.00002/12/13 50240.000 02/12/13 50240.000 02/13/13 50240.000 02/13/13 50240.00002/14/13 50240.00002/15/13 50240.00002/15/13 50240.00002/18/13 50240.00002/18/13 50240.000 02/10/13 50240.00002/18/13 50240.00002/19/13 50240.00002/20/13 50240.00002/20/13 50240.00002/22/13 50240.00002/23/13 50240.00002/23/13 50240.00002/25/13 50240.000 02/25/13 50240.00002/25/13 50240.00002/25/13 50240.000 02/26/13 50240.000 02/26/13 50240.00002/26/13 50240.000 02/27/13 50240.00002/27/13 50240.000 02/28/13 50240.000 02/28/13 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 5.41- 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00- 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 "TOTAL" 50240.000 COUNTY !lIOIGBIIT copm PAGE 99 RCMREP RECEIPT AMOUNT NUMBER !lAME 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 5.41- 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00- 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 424.59 ~ 'S,Y t CO'"j,} r:\"';'-; l\',4"-" SflH""'. '>T30P" DISC COLL GL CASH DATE I!lIT CODE ACCOUNT PLB PLB PLB PLB BEH PLB P1B KRR KRR KRR P13 PLB P1B PLB PLB PLB PLB M~lC KRR PLB PLB P1B KRR PLB PLB P1B KRR PLB P1B P1B P1B P1B P1B 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 MEMORIAL MEDICAL CENTER Port Lavaca, Texas MANUAL JOURNAL ENTRIES MONTH OF FEBRUARY, 2013 Recorded Reviewed Debit Credit Acct# JE# Description Check # Amount Amount 10255000 Indigent Healthcare 5,840.89 40450074 Reimbursement - Calhoun Ctv 4,522.82 40015074 Benefits - FICA 227.34 40025074 Benefits - FUT A 9.84 40040074 Benefits - Retirement 263.03 60320000 Benefits - Insurance 814.11 40220074 Supplies - General 1.92 40225074 Supplies - Office 1.83 40230074 Forms - 40610074 Continuing Education - 40510074 Outside Services - 40215074 Freight - 40600074 Miscellaneous - APPROVED , nu MAR 0 B 2013 CALHOUN COUNTY AUDITOR TOTALS 5,840.89 5,840.89 I v / / ,/ ,) J EXPLANATION FOR ENTRY - To reclassify indigent care expenses to mise receivable REVERSING: YES NO JE # Indigent Healthcare Program Incurred by MMC FEBRUARY, 2013 Indigent H'care Coordinator Salary # 40000074 # 40000074 # 40000074 (#40010074 ) 7-Feb 21-Feb $2,189.15 2,237.19 96.48 r 4,522,821 Benefits: #40040074 I 263.031 FICA # 40015074 7-Feb 111.81 # 40015074 21-Feb 115.53 #40015074 I 227.341 FUrA 7-Feb 4.84 21-Feb 5.00 I 9,841 Other Benefits ( 18 % ) # 63200000 814.11 I General Supplies # 40220074 1.921 Office Supplies # 40225074 1,831 Forms #40230074 Continuing Education #40610074 Outside Services #40510074 Freight #40215074 Travel #40600074 RUN DATE: 03/07/lJ 1,IEMORIAL MEDICAL COOER PAGE 1 TIME: 18:41 GL DETAIL REPORT - COST CENTER SEQUENCE GLGLDC FOR: 02/01/lJ - 02/28/lJ ACCT lImlERR & DESC DATE flE,1O REFERENCE JOURNAL CSI/BAT/SEQ ACTIVIT! BALANCE 40000074 SALARIES REG PROD -CALHOUN C 40000074 SALARIES REG PHOD -CALHO BEGINNHIG BALANCE AS OF: 02/01/13 4,204.15 02/01/lJ REVRRSE ACCRUAL PR 192685 361 -9lJ.43 02/07/lJ PAY-P.01/25/13 02/01/13 PR 19 2697 43 2,lB1.39./ 02/21/13 PAY-P. 02/08/13 02/21/13 PR 192703 42 2/164.a2/ 02/2B/13 Amual nDayso 1 PR 192703 JJ1 1,OB1.99 02/28 ACTIVITY/END BALAlICE 4,513.91 81718.72 40005014 SALARIES OVERTIHE -CALHO BEGINNING BALANCE AS OF: 02/01/13 45.31 02/01/13 REVERSE ACCRUAL PR 192685 415 -6.86 02/01/13 PAY-P.01/25/13 02/01/13 PR 192691 68 1.16/ 02/21/13 PAY-P.02/08/13 02/21/13 PR 192703 67 1J.1r" 02/28/13 Accrual --Dayso 7 PR 192103 421 36.61 02/2B ACTIVITY/END BALANCE 110.68 155.99 40010014 SALAHlES PIO/EIB -CALHO BEGINNING BALANCE AS OF: 02/01/13 724.21 02/01/13 REVERSE ACCRUAL PR 1926B5 463 -138.25 02{07/13 Auto PR Bene Accrual Re PR 19 26B4 81 -B49.44 02/01/13 Auto PR Bene Accrual PR 192696 89 94B.02 02/01/13 PAY-P.01/25/13 02/01/13 PH 192697 94 13.44--' 02/21/13 Auto PR Bene Accrual He PR 19 2696 91 -948.02 02/21/13 Auto PR Bene Accrual PR 192702 B9 1,097.00 02/21/13 PAY-P.02/0B/13 02/21/13 PR 192703 93 23.04/ 02/28/13 Accrua1nDayso 7 PR 192703 4'/3 11.55 02/28 ACTIVITY/END BALAlICE 217.34 941.55 40015014 FlCA -CALHO BEGINNING BALANCE AS OF: 02/01/13 20.87 02/01/13 REVERSE ACCRUAL PH 192685 645 -41.58 02/01/13 REVERSE ACCRUAL PR 1926B5 107 -9.73 02/01/13 PAY-P.Ol/25/13 02/01/13 PR 192691 342 21.19/ 02/01/13 PAY-P.01/25/13 02/07/13 PR 192691 314 90.62 " 02/21/13 PAY-P,02/0B/13 02/21/13 PR 192703 512 21.90 " 02/21/13 PAY-P.02/08/13 02/21/13 PR 192103 544 93.63 / 02/28/13 AccrualnDayso 7 PR 192703 661 46.83 02/28/13 Accrual--Dayso 1 PR 192703 125 10.92 02/28 ACTIVITY/END BALAlICE 233.78 254.65 40025014 FUT -CALHO BEGINNING BALANCE AS OF: 02/01/13 .92 02/01/13 REVBRSE ACCRUAL PR 192685 169 -2.24 02/07/13 PAY-P.01/25/13 02/01/13 PH 192697 406 4.84"- -' 02/21/13 PAY-P.02/0B/13 02/21/13 PR 192703 576 5,00 02/28/13 Accrual--Dayso 1 PR 192103 789 2.52 02/28 ACTIVITY/BND BALANCE 10.12 11.04 40040014 RETIREMBNT -CALHO BEGINNING BALANCE AS OF: 02/01/13 30.07 RUN DATE: 03/07/13 ImE: 18:41 MEI;DRIAL I.JEDICAL CENTER GL DETAIL REPORT - COST CENTER SEQUENCE FOR: 02/01/13 - 02/28/13 ACCT NUI.IBER & DESC DATE I4EI.IO REFERENCE JOURNAL CSI/BAT/SEQ ACTIVITY 40040074 RETIREMENT -CALHOUN C 02/01/13 REVERSE ACCRUAL PR 192685 82j -5U5 02/07/13 PAY-P.01/25/13 02/07/13 PR 1j26j7 4J8 129.63/ 02/21/13 PAy-p.02/0a/13 02/21/13 PR 192703 608 133..40./ 02/28/13 Accrual--Dayso 7 PR 192703 851 66.71 02/28 ACTIVITY/END BALANCE 270.5j 40220074 SUPPLIES GENERF.L -CALHO B8GINNING BALANCE AS OF: 02/01/13 02/28/13 AUTO-TRAN/EXP.REPORT 000000 I~I 02/28 ACTIVITY/END BALANCE 25 21 27 1.92 / 1.92 40225074 OFFICE SUPPLIES -CALHO EEGINNING EALANCE AS OF: 02/01/13 02/28/13 AUTO-IRAN/EXP.REPORT 000000 I~I 02/28 ACTIVITY/END EALANCE 25 21 54 1.83/ 1.83 40450074 RWlBURSEI.\ENT BEGINNING AND ENDING BALANCE: COST CENTER TOTAL: 5,360.23 ENDING BAI,At/CE GRAND TOTAL: GRAND TOTAL ACTIVITY: PAGE 2 GLGLDC BALANCE 300.66 .00 1.92 .00 1.83 -4,354.73 6,031.63 5,360.23 RUN DATE' 02/06/13 TI~lE: 09,44 MEMORIAL MEDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 02/19/13 PAGE, 1 APOPEN VEND#,NAllE,."."".",,,,,,.,,.,.., ,CLS,INVOICE#."".., ,TEN DT,INV DT,DUE DT.CK DT. ,PC""" ,GROSS"" ,DISC.,.., ,NO-PAY",.,. ..NET A1350 ACTION LID~BER 18.45/ RENOVATION fD1C CLINIC 11 30226 012813 011913 021813 18.45 ,00 TOTALS"."".".""".."""""..""".. , 18.45 ,00 18.45 A1360 AI~RISOURCEBERGEN DRUG COR PHARllACEUTlCALS 11 71003134 013113 013113 021013 33.60 ,00 33.60 / TOTALS",.""."...""""....""..."..., , 33.60 ,00 33.60 01125 AllY DAY 91.00/ FLEX SPEND REIMBURSEMENT W 24374 013113 012813 012813 91.00 ,00 TOTALS".....""..""""""""""",." , 91.00 ,00 91,00 A2342 ASSAY TECHNOLOGY SUPPLIES 1.JUl II 8894 012913 011513 021413 244.00 ,00 244,00 ,/ TOTALS".",."""."." ". "..,.""..".." 244,00 ,00 244,00 A2345 AT&T MOBILITY FINAL PYMT + CAIlCELLATION X01262013 012913 012613 021313 382.61 ,00 382,61 v TOTALS.".,.".".."",..",."""."""" , 382,61 ,00 382,61 10719 AUSTIN MEDICAL PRACTICE IIEDICAL BILLING SRV DEC 4876 013113 011513 013013 2032.20 ,00 2032,20 I/' TOTALS".,.,.".".",." ,." ,. ,. """'" ..., 2032.20 ,00 2032,20 Bl075 BAXTER HEAUTHCARE CORP SUPPLIES CS INV 11 39235609 012513 011713 021613 783,64 ,00 783,64./ TOTALS".""""."",.""""."""..",. , 783.64 ,00 783.64 B1650 BOSART LOCK & KEY INC OFFICE SUPPLIES 101 CLINIC 11 98796 012213 011713 021613 87.45 .00 87,45./ TOTALS..."""."""""""""",."",., I 87,45 .00 87,45 B1655 BOSTON SCIENTIFIC CORPORAT SUPPLIES SURGERY 11 935236398 012213 011413 021313 626,00 ,00 626,00./ TOTALS."."".".""."..,.."".""...", , 626,00 ,00 626.00 B0437 C R BARD INC 731.30/ SUPPLIES SURGERY II 61171347 012213 011413 021313 731.30 ,00 SUPPLIES SURGERY 22600451 013113 011413 021313 295,82 ,00 295,82 /' TOTALS...."".,.",.,.,..,..,.."."".,.". , 1027,12 ,00 1027,12 A1825 CARDINAL HEALTH SUPPLIES NUC I~D !of 08108477 013113 012513 012513 192.09 ,00 192.09/ TOTALS,..".",.""""",,,....,,...,,,,.,, : 192.09 ,00 192.09 10650 CAJlEFUSION 2200, INC INSTRIDlENT REPAIR NURSERY 9104000497 012313 011613 021513 258,82 ,00 258.82V INSTRUlIENTS IIMC CLINIC 910400498 012513 011613 021513 697.98 ,00 697.98/' SUPPLIES RESPIRATORY 9104002664 012913 011713 021613 285,23 ,00 285,23/ TOTALS.""".",.".,..,,,,,,,,,,,,,,,.,, ...1 1242,03 ,00 1242.03 C1993 CCR !ofEDICAL, INC 40,40 / SUPPLIES CARDIO 8874 012213 011413 021313 40.40 .00 RUN DATE. 02/06/13 TnlE. 09.44 MEMORIAL MEDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 02/19/13 PAGE. 2 APOPEN VEND#.NANE""",..,.""",.,.".".CLS.INVOICE#,..".."TRN DT.INV DT,DUE DT,CK DT"PC......,GROSS..,..DISC.",.,NO-PAY".,.,..NET TOTALS",.,..",.".."".""..,.....,.,.", . 40,40 ,00 40,40 10350 CENTURION ~lEDICAL PRODUCTS 24.00/ INVENTORY CS 91196150 012213 011513 021413 24.00 .00 SUPPLIES PHY THRPY 91197294 012213 011613 021513 193.50 .00 193.50/ SUPPLIES CS INV 91195036 012513 011413 021313 475.05 .00 475,05 :;:::: SUPPLIES CS INV 91198361 012513 011713 021613 22.28 .00 22,28 SUPPLIES CS INV 91189787 013113 010713 020613 436,77 ,00 436.77/ TOTALS..,..",..".."....,......,.".""." : 1151,60 .00 1151.60 C1478 CHANNING L BETE CO INC OFFICE SUPPLIES EDUCATION M 52594063 012513 011713 021613 1013,88 ,00 1013,88 V' TOTALS.."",.,.,..".....,...""."".,.", . 1013,88 ,00 1013.88 10105 CHRIS KOVAREK FLEX SPEND REII4BURSEI1ENT 24370 013113 012813 012813 272.00 .00 272,00 ,/ TOTALS....................................... : 272,00 .00 272.00 C2157 COOPER SURGICAL INC SUPPLIES MlIC CLINIC II 3070796 012513 011613 021513 77,37 ,00 77,371 ll'OTALS...................................... .1 77.37 ,00 77,37 C2510 CPSI STATEflENT PROCESSING N 778260 013113 011813 011813 51.00 ,00 51. 00 / STATEMENT PROCESSING 779625 013113 012413 012413 69,60 .00 69,60/ TOTALS....................................... : 120.60 .00 120,60 Dl153 DARLIMG INTERNATIONAL INC. GREASE PICKUP JANUARY 500:2287942 013113 012313 012313 35,00 ,00 35,00 / TOTALS... t..................... .... .... to.. ..: 35.00 ,00 35.00 W3290 DEBORAH laTTNEBERT 208,00'/ FLEX SPEND REnlBURSE!lENT W 24373 013113 012813 012813 208.00 .00 ,.~ '* S"t, TOTALS."".,..,..""..,..,...""",..,.,.. : 208,00 ,00 208,00 10368 DEWITT POTH & SON OFFICE SUPPLIES MlIC CLIMI 356202-0 011813 011113 021513 290,82 ,00 290,82 ,/ OFFICE SUPPLIES VARIOUS 356338-0 011813 011413 021513 153,19 .00 153.19 ./ OFFICE SUPPLIES ADMIN 356694-0 012213 011613 021513 18.60 ,00 18.60 .....- INV CIS AND OFFICE SUPP H 356702-0 012213 011613 021513 286,27 .00 286,27/ OFFICE SUPPLIES BUS DEV 356741-0 012213 011613 021513 61.90 ,00 61.90 ".- OFFICE SUPPLIES 1~4 CLINIC 356758-0 012213 011613 021513 485.10 .00 485,10/ OFFICE SUPPLIES Ml4 CLINIC 356952-0 012213 011713 021613 14.11 ,00 14.11 ,/ OFFICE SUPPLIES INDGNT 356965-0 012213 011713 021613 146.00 ,00 146.00/ OFFICE SUPPLIES MM CLINIC 356986-0 012213 011713 021613 129,81 .00 129,81 ,/ FORMS CIS 75246 012213 011513 021413 13.33 .00 13.33 -- OFFICE SUPPLIES I~C CLINI 356986-1 012513 012113 021513 8.11 ,00 8,11 r OFFICE SUPPLIES VARIOUS 35714-0 012513 012113 021513 376,48 ,00 376.48/ OFFICE SUPPLIES INF CONTR 357226-0 012513 012113 021513 119.42 ,00 119,42/ OFFICE SUPPLIES QUALITY 357238-0 012513 012113 021513 63.63 ,00 63,63/ OFFICE SUPPLIES PURCHASIM 357266-0 012513 012113 021513 75,12 .00 75.12 / RUN DATE. 02/06/13 TIllE' 09,44 !1E!IORIAL !IEDlCAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 02/19/13 PAGE' 3 APOPEN VEND#.NANE, "'" ,. ,."" ,.",.."", ,CLS,INVOICE#""." ..TEN DT,INV DT.DUE DT.CK DT, ,PC,., ....GROSS,.., ,DISC,.. ...NO-PAY",.." ,NET OFFICE SUPPLIES HIN 357415-0 012513 012113 021513 102.97 .00 102.97 ....- OFFICE SUPPLIES l~IC CLINI 357565-0 012513 012313 021513 71.20 ,00 71.20/ OFFICE SUPPLIES CS INV 357609-0 012513 012313 021513 146.00 ,00 146.00.... OFFICE SUPPLIES HIM 357674-0 012513 012413 021513 73,25 ,00 73,25 --- OFFICE SUPPLIES 1'IO!IEN CLI 357564-0 012913 012313 021513 .47 ,00 .47..... OFFICE SUPPLIES !nlC CLINI 357565-1 012913 012513 021513 35.60 .00 35.60/ OFFICE SUPPLIES PURCHASIN 357216-0 013113 012113 021513 4.41 .00 4.41~ OFFICE SUPPLIES CARDIO 358043-0 013113 012813 021513 61.82 .00 61.82 .... OFFICE SUPPLIES !nlC CLINI 358066-0 013113 012813 021513 117,01 .00 117.01 ..... OFFICE SUPPLIES VARIOUS 358083-0 013113 012813 021513 309,42 ,00 309,42 .....- OFFICE SUPPLIES ER 358275-0 013113 012913 021513 401.20 ,00 401.20 ,/ TOTALS,..,....",."....".......".."".." : 3565,24 ,00 3565,24 S0419 DIAGNOSTICA STAGO, INC, SUPPLIES LAB 113226915 012913 011513 021413 145.6S ,00 145,68 ,/ TOTALS,......"..,.,.",.."""""""",., , 145,68 .00 145.68 D1608 DIVERSIFIED BUSINESS SrSTE SUPPLIES CS INV M 23713 011813 011413 021513 362,85 ,00 362,85./ TOTALS.... ... ,.,.............................: 362.85 ,00 362,85 D1721 DRAGER MEDICAL INSTRilllENT REPAIR OB M 919534100 012213 011513 021413 61,01 .00 61.01/ SUPPLIES NURSERY 919534423 012313 011613 021513 449,90 .00 449.90 ......- TOTALS,...,.,.",.".,.",.,.,.,...,.".,..,. , 510,91 ,00 510.91 E0500 EAGLE FIRE & SAFETY INC INSPECTION OF FIRE EXTING !l 45897 012313 011813 021713 481,00 ,00 481. 00 ,/ TOTALS....""".,..""..,.""".".""." : 481.00 .00 481.00 El190 ELECTRO CAP INTERNATIONAL F0R11S EKG N 0176077-IN 012513 011813 021713 255,53 ,00 255,53'/ TOTALS"""".,.,.",.."""",."".""" , 255.53 ,00 255.53 10701 FAGAN ANSllERING SERVICE AN OUTSIDE SRV 1'IO!IEN CLINIC 76685 013113 012513 012513 76,25 .00 76,25/ TOTALS.........................,... ..........: 76,25 ,00 76,25 F1400 FISHER HEALTHCARE SUPPLIES LAB 11 5460859 012513 011513 021413 1734,25 ,00 1734.25/ SUPPLIES LAB 5460860 012513 011513 021413 920,19 ,00 920,19/ SUPPLIES LAB 5511131 012513 011613 021513 80.00 .00 80,00 ,/ SUPPLIES LAB 5511132 012513 011613 021513 377.58 ,00 377.58; SUPPLIES LAB 5511133 012513 011613 021513 83.15 ,00 83,15 TOTALS...................................... .1 3195.17 ,00 3195,17 10678 FIVE STAR STERILIZER SERVI INSTRilllENT REPAIR SURGERY 2306 013113 012313 020713 157,65 ,00 157,65/ TOTALS".."",.""..,.".....,.,...,....." , 157.65 ,00 157.65 G0401 GULF COAST DELIVERY OUTSIDE SRV VARIOUS 24367 013113 013113 021513 100.00 ,00 100,00 / RUN DATE, 02/06/13 TIHE, 09144 MEMORIAL lreDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 02/19/13 PAGE, 4 APOPEN VEND#,NAlIE, ,." ,." ....,....."" ... ,CLS,INVOICE#,.."., , ,TRN DT.INV DT,DUE DT.CX DT, ,PC."", .GROSS".. ,DISC.,.. ..NO-PAY,.."" .NET TOTALS.",.""",...",..,......"..,.",." , 100,00 .00 100.00 A1292 GULF COAST HARDWARE / ACE SUPPLIES BIOMED W 073633. 011513 011413 021313 2,79 ,00 2,79/ SUPPLIES IT 073654 012513 011513 021413 17,43 .00 17,43./ RENOVATION IIlIC CLINIC 073621 012813 011413 021313 23,48 .00 23,48 / RENOVATION 1.IlIC CLINIC 073630 012813 011413 021313 31.76 .00 31.76/ RENOVATION IllIe CLINIC 073655 012813 011513 021413 59,96 .00 59.96./ RENOVATION fUIC CLINIC 073663 012813 011613 021513 35,96 .00 35,96 - RENOVATION flllC CLINIC 073673 012813 011613 021513 12,99 .00 12,99 - RENOVATION IIlIC CLINIC 073674 012813 011613 021513 12,66 .00 12,66 - RENOVATION IThIC CLIMIC 073690 012813 011713 021613 9,57 .00 9,57 ,/ TOTALS""."",..",..."",.....,..,.."." , 206,60 .00 206,60 G1210 GULF COAST PAPER COMPANY SUPPLIES HOUSEKEEPING M 509358 011413 010813 021713 107.12 .00 107,12 ./ SUPPLIES HOUSEKEEPING 513206 012313 011513 021413 42.08 ,00 42,08/ TOTALS....,...."""",....."",.""..,., .1 149.20 ,00 149,20 H0030 H E BUTT GROCERY SUPPLIES DIETARY II 596962 011513 011413 021313 227,82 ,00 227.82 ./ SUPPLIES DIETARY 096313 011813 011713 021613 152,93 ,00 152,93 ,/ TOTALS,..,."""."..""""...,.,."".". : 380,75 ,00 380,75 10799 HEALTH EQUIPlreNT SERVICES SUPPLIES CARnIO 30773 013113 121812 011713 391.45 ,00 391.45 ./ TOTALS,.."."",.",.,.""".. .....,...,.." 391.45 .00 391.45 10804 HEALTHCARE CODING & CONSUL OUTSIDE SRV HIlI 2358 013113 123112 013013 745.25 ,00 745,25/ TOTALS"""".""",...."""""",..,."I 745.25 ,00 745,25 I0415 INDEPENDENCE MEDICAL INVENTORY CIS 27890008 012313 011513 021413 63.46 ,00 63,46"- SUPPLIES CS INV 27901392 012813 011613 021513 35,17 ,00 35,17"- SUPPLIES CS INV 27907580 012813 011713 021613 3,63 ,00 3,63 ./ TOTALS"...."",.""""""",..",.",.. " 102.26 .00 102,26 I0950 INFOLAB INC SUPPLIES LAB II 3212077 012513 011413 021313 304,12 ,00 304,12..... SUPPLIES BLOOD BANK 3213391 012913 011613 021513 873,49 ,00 873,49 ..... SUPPLIES LAB 3213392 012913 011613 021513 618,80 ,00 618.80./ l1'OTALS.............................,......... : 1796,41 ,00 1796.41 A0511 JOHN CARAWAY 749.00/ FLEX SPEND REIMBURSEMENT 24375 013113 012813 012813 749.00 ,00 TOTALS....................................... : 749.00 ,00 749,00 J1400 JOHNSON & JOHNSON SUPPLIES I!MC CLINIC 909361480 012813 011613 021513 280,87 ,00 280,87/ SUPPLIES SURGERY 909388808 013113 012113 021913 496,67 ,00 496,67,/ RUN DATE, 02/06/13 TU!E: 09,44 MEMORIAL !rnDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 02/19/13 PAGE' 5 APOPEN VEND#,MAbrn"".""""".""."" "CLS,INVOICE#"""" ,TRN DT,INV DT.DUE DT,CK DT, ,PC""" ,GROSS", "DISC"", ,NO-PAY""", ,NET TOTALS""""",."",.".,,,,,,,,,,,,,,,,,, , 771.54 ,00 777,54 K1230 KONICA NINOLTA SRV CONTRACT 111 - 1/31 32714 013113 012213 012813 510,00 ,00 510.00./ TOTALS"."""".".,. "..""""..,.",.", 510,00 ,00 510,00 K1255 KRUES 68,97/ OFFICE SUPPLIES OP 6853161 012513 011513 021413 68,97 ,00 TOTALS....... ....... ........... Of............: 68,97 ,00 68,97 10578 LU!IINANT ENERGY COMPANY LL UTILITIES INV0516623 010313 010213 021713 4293,41 .00 4293,41 ,/ TOTALS, , .. , , , .. , , . .. . ". " , , , ... , , . " , , , , .. , , , 4293,41 ,00 4293,41 !I151l 14ARKETLIIll, INC 4625.27 ,/ SUPPLIES LIIll W 1!717035 012513 011813 021713 4625,27 ,00 TOTALS.."""",.",.....,...,."""""", , 4625,27 ,00 4625,27 10749 I!CKESSON AUTOI!ATION INC, SRV CONTRACT 1/11 - 12131 3478724 013113 011613 021513 1260,00 ,00 1260,00'/ SRV CONTRACT 1/1 - 12/31 3478725 013113 011613 021513 3325,00 ,00 3325,00 TOTALS,.""""",.",..,.""""",,,,,... , 4585,00 ,00 4585,00 M2659 MERRY X-RAY/SOURCEONE HEAL 410,58'/ SUPPLIES MRI II 30093480428 012213 011613 021513 410.58 ,00 TOTALS,."."",."."""".."""""...,. , 410.58 ,00 410,58 D1781 MISTY PAS~IORE 282.54 ./ FLEX SPEND REIJoffiURSE!IENT W 24372 013113 012813 012813 282.54 ,00 TOTALS",.",..,..,,,..,..,,......,,,,,,,.,,. : 282.54 .00 282,5~ 10441 MMC EMPLOYEE BENEFITS 18361 013113 013113 013113 3574,14 ,00 3574,14/' TOTALS",."""""".,,,,,,,,. ".""".".: 3574,14 ,00 3574,1~ 10536 MORRIS & DICKSON CO, LLe 1~05,63 / PHARMACEUTICALS 4262284 013113 012913 021013 1405,63 ,00 PHARlIACEUTICALS 4265061 013113 013013 021013 692,6~ ,00 692,64 / PHARMACEUTICALS 4265480 013113 013013 021013 121. 98 .00 121,98/ PHARlIACEUTICALS 4265481 013113 013013 021013 103,52 .00 103.52 ,/ PHARlIACEUTICALS 4266462 013113 013013 021013 14,30 ,00 14.30 / PHARlIACEUTICALS 4266463 013113 013013 021013 49,20 ,00 49,20 :;:; PHARlIACEUTICALS 4267575 013113 013013 021013 99,32 ,00 99,32 PHARMACEUTICALS 4267576 013113 013013 021013 1372,72 ,00 1372,72 j PllAlmlACEUTICALS 4269871 013113 013113 021013 3020,90 ,00 3020,90 PHAR!IACEUTICALS 4270096 013113 013113 021013 14,29 ,00 14.29/ PHARlIACEUTICALS 4270097 013113 013113 013113 5774,51 ,00 5774,51/ PllAlmlACEUTICAL CREDIT CM92390 013113 012913 021013 -61,93 ,00 -61.93 ,/ TOTALS."...",,,,..,,,....,,,,.,,...,,,,,.,, , 12607,08 ,00 12607,08 N1225 NUTRITION OPTIONS 3750,00/ DIETICIAN w 24370 013113 013113 013113 3750,00 ,00 RUN DATE: 02/06/13 TIllE: 09,44 !!E!40RIAL llEDICAL CE!lTER AP OPE!! I!lVOICE LIST THRU DUE DATE OF 02/19/13 PAGE, 6 APOPEN VENDff.!!M4E.."..""".""""".",CLS,I!lVOICE#,."",.,TRN D~,I!lV D~,DUE QT,CK D~"PC""".GROSS"",DISC,.""!!O-PAY"",,,.!lE~ ~O~ALS""""...",.".""......"...""., : 3150,00 ,00 3750.00 10008 Ol4!lI-POR~ LAVACA 01, L,P. BEHAVORIAL HEALTH 24368 013113 013113 021513 6449,05 .00 6449,05 ,/ TOTALS...,.... It... ... I..... I" .... I.'...... ,; 6449.05 ,00 6449,05 OM425 OWE!!S & !!IMOR 23,16'/ I!lVE!lTORY CIS 2044102 012213 011113 021613 23,16 ,00 SUPPLIES SURGERY 2044261 012213 011113 021613 300,90 ,00 300,90 ,,/ SUPPPLIES CARUIO 2044265 012213 011113 021613 44,25 ,00 44,25 / SUPPLIES MIl CLINIC 2044351 012213 011113 021613 142,10 ,00 142,10~ SUPPLIES VARIOUS 2044925 012513 011813 021113 1511,23 ,00 1511 ,23 SUPPLIES VARIOUS 2042810 012813 011513 021413 108,14 ,00 108,14'/ SUPPLIES VARIOUS 2042873 012813 011513 021413 172,72 .00 112,72 ./ SUPPLIES SURGERY 2042912 012813 011513 021413 33,36 ,00 33,36/ SUPPLIES In4C CLINIC 2044215 012813 011713 021613 189.40 ,00 189,40...../ SUPPLIES 1~ICCLIMIC 2044216 012813 011113 021613 272.21 ,00 272,21 ,/ SUPPLIES VARIOUS 2031192 013113 010313 020213 3051.32 ,00 3051. 32 .....- TOTALS",..."..."",."",...,..""""." : 5914.85 ,00 5914,85 D1531 PATRICIA DIEBEL FLEX SPEND REI!!BURSEME!lT W 24316 020513 012813 012813 407.56 ,00 407.56 ./ TOTALS......".,."..,..,."..,...,.".."". : 401.56 ,00 407.56 10114 PORT LAVACA CHM4BER OF CO!! 400,00/ ADVERTISING 1066 013113 012813 012813 400,00 ,00 TOTALS,..""."..",.",."",..""".,.". : 400,00 ,00 400,00 10411 PURE FORCE SUPPLIES DIETARY 0811536 012313 011613 021513 121,28 ,00 121.28 / TOTALS",...",.....".."....,.....,......" : 121.28 ,00 121.28 Rl050 R G & ASSOCIATES INC SUPPLIES PLAIlT OPS 14 209909 011813 011013 021313 218,80 ,00 218,80/ TOTALS,.."",..,.".""."""",....."". : 218,80 ,00 218,80 R1268 RADIOLOGY UNLIMITED, PA READI!!G FEES if 24369 013113 013113 013113 25,00 .00 25.00/ 'rOTALS.... I.....................,............: 25.00 ,00 25.00 10626 RAUSHANAI! I40NDAY FLEX SPEND REUIBURSEIIE!lT 24311 013113 012813 012813 1200,00 ,00 1200.00 .......- TOTALS......................... ............ ": 1200,00 .00 1200.00 R1200 RED HAWK SRV CO!lTRACT FOR JANUARY 1020398518 013113 011113 021613 21,56 .00 21,56'/ TOTALS..".""""""",.""""""".". : 21,56 .00 27,56 10604 RED Hm4MINGBIRD PHOTOGRAPH ./ SUPPLIES ADIIIN 113-01 012913 011413 021313 210.00 ,00 210,00 TOTALS,.",.."...,.. ,.."............."",,: 210.00 ,00 210,00 S1800 SHERWI!! iULLIAlIS RENOVATION InlC CLINIC if 5858-6 012913 011513 021413 103,93 ,00 103,93/ RUN DATE. 02/06/13 TIl4E. 09.44 MEMORIAL MEDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 02/19/13 PAGE. 7 APOPEN VENDn.NAl,IE,.""..""..,.,...."" ..CLS,INVOICEn"".", ,TRN DT,INV DT.DUE DT,CK DT. .PC.,.", ,GROSS.", ,DISC,.." ,NO-PAy.".... ,NET RENOVATION l~IC CLINIC 5859-4 012913 011513 021413 25,47 ,00 25,47'-/ TOTALS".",."".,.",....",.,..,.."".., .. 129,40 ,00 129,40 D0350 SIEMENS HEALTHCARE DIAGNOS 1016,11 ) SUPPLIES BLOOD BANK II 971622954 013113 011813 021713 1016,11 ,00 TOTALS................... to........... .......: 1016,11 ,00 1016,11 S2001 SIEI{gNS MEDICAL SOLUTIONS SRV CONTRACT 1/18 - 2/17 M 95789548 013113 011813 021713 832,25 ,00 832,25./ TOTALS.,..".,."...""".""""""".". : 832,25 ,00 832,25 S2220 SKIP'S RESTAURANT EQUIPHEN DEPT REPAIR DIETARY W 44542 013113 010213 020113 283.00 ,00 283,00/ TOTALS."...",."",..."...."....."""., . 283.00 ,00 283,00 S2400 SO TEX BLOOD & TISSUE CENT SUPPLIES BLOOD BANK CREDI M 20130040 012913 011813 021713 -1666.00 .00 -1666,00"'" SUPPLIES BLOOD BANK 20130114 012913 011813 021713 6825,00 ,00 6825,00 ,/ TOTALS.,."...,.,....""..""""",..."" . 5159,00 .00 5159,00 S2548 SOUTHWEST TEXAS EQUIPMENT SUPPLIES DIETARY M 1116278 013113 012413 012413 223,88 ,00 223,88/ TOTALS,...,."..""...."....,...""""." . 223.88 ,00 223,88 S2692 STACY SYSTEMS INC l{gD GAS INSPECTION M 1301015 013113 012913 012913 2700.00 ,00 2700.00 ...- TOTALS,.""""....".."",...",..."".,. : 2700.00 ,00 2700,00 10735 STRYKER SUSTAINABILITY SUPPLIES SURGERY 1817593 012513 011613 021513 168,55 .00 168.55/ TOTALS.,...",.."".""",.."""",.,." .. 168,55 .00 168.55 S2951 SYSCO FOOD SERVICES OF 618.07 / SUPPLIES DIETARY M 301241197 012513 012413 021313 618.07 ,00 SUPPLIES DIETARY 301314301 013113 013113 021913 1548.16 ,00 1548,16./ TOTALS"..."."....."....."""""."".. . 2166,23 ,00 2166,23 T0500 TEAll REHAB IIONTHLY PAYMEwr \1 24377 020613 020513 020513 5222.34 ,00 5222,34 ,/ TOTALS.............. .............. to.. .......: 5222.34 ,00 5222,34 S2679 THE ST JOHN COMPANIES, INC OFFICE SUPPLIES HEALTH IN M 08058655 012213 011513 021413 28.01 ,00 28,01 ....- SUPPLIES CS INV 08061297 012813 011713 021613 22.95 ,00 22.95 ....... TOTALS.........,............................. : 50,96 .00 50,96 T0801 TLC STAFFIMG CONTRACT NURSE W 11020 012813 011513 021413 984,71 ,00 984,71 ,/ TOTALS,.."."""",...""",..,..."..,." . 984.71 ,00 984,71 T3130 TRI-ANIII HEALTH SERVICES I SUPPLIES CS INV M 60969004 012813 011613 021513 275.60 ,00 275.60 /' RUN DA~E: 02/06/13 ~ll1E: 09:44 l1E110RIAL l1EDICAL CENTER AP OPEN INVOICE LIS~ ~HRU DUE DA~E OF 02/19/13 PAGE, 8 APOPEN VEND#,NAlIE, ..,..,......"."......., ,CLS,INVOICS#..,...., ,~RN D'r.INV D~.DUE D~,CK D'r, ,PC..... "GROSS"" .DISC..... ,NO-PAy",.... .NE~ UI064 UNIFIRS~ HOLDINGS INC LAUNDRY PLAZA LAUNDRY HOSPI~AL LINEN LAUNDRY HOUSEKEEPING LAUNDRY DIE~ARY LAUNDRY OB LAUNDRY HOUSEKEEPING LAUNDRY HOSPI~AL LlNENE LAUNDRY SUNGERY UI056 UNIFORlJ ADVANTAGE El1PLQYEE PURCHASE U1350 UPS FREIGH~ CHARGES 10172 US FOOD SERVICE SUPPLIES DIE~ARY SUPPLIES DIS~ARY SUPPLIES DIE~ARY SUPPLIES DIE~ARY SUPPLIES DIE~ARY SUPPLIES DIE~ARY SUPPLIES DIS~ARY V0555 VERIZON SOU~HI~S~ ~ELEPHONES ~ELEPHONES ~OTALS...".",..".".",.,.".""",.",., : 840013921 8400139217 8400139218 8400139220 8400139221 8400139222 8400139495 8400139496 011813 011513 021413 011813 011513 021413 011813 011513 021413 011813 011513 021413 011813 011513 021413 011813 011513 021413 012813 011813 021713 012813 011813 021713 '10TALS...................,........ j..........: W 4775594 012813 011413 021313 l'OTALS....................................... : W 0000778941033 013113 011913 013013 ~OTALS,..,.."...,."",."""",..,... ",.,: 5057208 012513 012413 021313 5093850 012813 012513 021313 4790473 013113 010813 012813 4913718 013113 011513 020413 4965302 013113 011713 020513 5123422 013113 012813 021913 5187690 013113 013113 021913 ~O~ALS.",.".",.",."" .....""""."",: 11 1977697011913 012913 011913 021313 5521567011913 012913 011913 021313 TOTALS....................................... ; GRAND ~OTA1S".",."..,',....,""""'"..,: ,,,,,"'eJii;;1ifWEiQ) if'!1>.\Cl' tt-,,-..-. '-r;n 'I 1 rOl~ n~OL '1...) (.(~UNTY i\lHJaTOfll ,~".J CK.3 ~ \ 5\ 14b i-o .::t\: 151'89.0 275,6Q ,00 275,60 160,28 .00 160,28 / 868,36 .00 868,36--' 205.34 .00 205.34/ 173.07 .00 173.07 ,/ 86.70 ,00 86.70/ 94.35 ,00 94.35/ 768,71 ,00 768.71::/ 348,59 ,00 348,59 2705,40 .00 2705,40 74,95 .00 74,95 ,/ 74,95 .00 74,95 733,73 ,00 733,73./ 733,73 ,00 733.73 4281.82 .00 4281. 82 / 39,05 .00 39.05 ..- 60.42 .00 60.42 - 60,42 ,00 60,42 ~ 33.01 ,00 33,01 ~ 725,43 ,00 725,43 ..- 4272,72 .00 4272,72...... 9472.87 ,00 9472.87 58,38 .00 58,38 / 43.43 ,00 43.43 --- 101. 81 ,00 101,81 105869,66 ,00 105869,66 bI~~r lW V/)v\/!j VDlbS, ::l!. \51'1'1 s ~ \517410 j,t l,=>I"747 -l!- \617'19 RUN DATE. 02/06/13 TlflE. 10:12 MEMORIAL flEDlCAL CENTER EDIT LIST FOR PATIENT REFUNDS ARID.OOOl PAGE 1 APCDEDIT PATIENT NUMBER PAYEE MAME DATE PAY PAT AMOUNT CODE TYPE DESCRIPTION GL NUl! 83,86 ,/ -~~~;~;------~~~~:~~-~----- 30,00,/ 25,001 ARID.OOOl TOTAL 1282,86 ____..._________________________________________________________________________________________________________M___________________ TOTAL 1282,86 tk# I 61<(?:;J.. I TO :l:t \5\ ~ 2-L\ FEEl 0 1 2013 ~ J~ fit J\ J/) ~ 1;/\ RUN DATE:~2/12/13 TnlE:07149 MEMORIAL IIEDICAL CENTER EDIT LIST FOR BATCH 556 1295 CRT#556 TRANSACTION SEQUENCE PAGE 1 GLEDIT ACCOUNT A.H,A, SEQ, NlThffiER" NlThIBER TRANS DATE JOURNAL Al40UNT SUB-LED REFERENCE MEMO G,L, ACCOUNT DESCRIPTION ~~______R_____________________________________________----------.------------------------------------------------------------------- 1 10000000 20000000 02112113 CD 02112/13 CD 1,000.00CR P2190 1,000,00 P2190 A/PC151825 U S POSTAL SERVICE A/PC151825 U S POSTAL SERVICE OPERATING -CASH ACCOUNTS PAYABLE -AlP 30000000 4380 303650 los-l-c<-g-~ - - - - - - - - - -R E C A P- - - - - - - - - - JOURNAL YRMO COUNT DEBIT CD 1302 2 1,000,00 TOTAL 2 1,000,00 CREDIT 1,000,00 1,000,00 /' C /{qI IS' / J;n ACCOUNT TOTAL RECAP ON NEXT PAGE J1,iPPRO\fED fEB 1 2 2013 :CO\J\'ffV AU!:JITOI1 fYudJ912#- Michael J. Pfeifer Calhoun County Judge Date: Z- - /'I-J.~~ RUN DATE: 02/13/13 TIME, 08,30 !!E!!ORIAL !IEDICAL CENTER AP OPE!! INVOICE LIST THRU DUE DATE OF 02119/13 PAGE, 1 APOPE!! VElID~,NMIE""",."., ,.,. ,.,., ,. .."CLS,INVOICE#"""" .TAN DT,INV DT,DUE DT,CK DT, .PC.,.". ,GROSS"" .DISC,,,., ,NO-PAY""." .!>lET 10554 ALLIED WASTE SERVICES ~841 WASTE PICKUP 2/1 - 2/28 A1146 ALPHA TEC SYSTE!!S INC SUPPLIES LAB A0111 ANDERSON COMSULTATION SERV COLLECTIONS W 10491 BR HEALTHCARE SERVICES OUTSIDE SRV ADMIN C1030 CAL COM FEDERAL CREDIT UNI EMPLOYMENT DEDUCTION W C1203 CALHOUN COUN'l'Y 11ASTE MG!IT WASTE PICK UP JAN C1390 CENTRAL DRUGS PHARHACEUTICALS C2510 CPSI EBOS STATEHENT PROCESSING S2896 DANETTE BETHANY TRAVEL EXPENSES 10368 DEWITT POTH << SON OFFICE SUPPLIES WOMEN CLI OFFICE SUPPLIES ADmN OFFICE SUPPLIES 1~4 CLINIC OFFICE SUPPLIES CS INV OFFICE SUPPLIES ADMIN OFFICE SUPPLIES PT OFFICE SUPPLIES ACCT OFFICE SUPPLIES ER OFFICE SUPPLIES PFS OFFICE SUPPLIES VARIOUS OFFICE SUPPLIES ACCT OFFICE SUPPLIES PURCHASIN OFFICE SUPPLIES !n4 CLINIC 0841-000494921 020813 012613 021513 TOTALS."""..,.,..,.",.,."""...,.".", : M INV-00006040 021213 011513 021413 TOTALS.""."".",.."",.""".,.,.""" , ffi4C090612 020813 090612 100512 TOTALS.".."..,.".,..".,."",..,.,.."", , 164 021213 020713 020713 TOTALS................................ to.....: 18365 021213 021213 021213 TOTALS"",.""""",,,,,,,,,,,,,,,,,.,,,,, , 326900 021113 020113 021513 TOTALS"...".",."..""..,,,.,, ...."".", W 01312013 021213 013113 021513 TOTALS....................................... : !! 779218 020813 012413 012413 780478 020813 013013 013013 TOTALS",.""..""...,..", ",."""....,.: W 24370 020113 020113 020113 TOTALS.""""".",."",.""".,."""., , 351842-0 358319-0 358351-0 358407-0 358556-0 358561-0 358511-0 358605-0 358638-0 358821-0 358823-0 358880-0 358916-0 020713 113012 121512 020713 013013 021513 020713 013013 021513 020113 013013 021513 020813 020113 021513 020813 020113 021513 020813 020113 021513 020813 020113 021513 020813 020113 021513 020813 020413 021513 020813 020413 021513 020813 020513 021513 020813 020513 021513 1059.60 ,00 1059.60 ,00 515.23 ,00 515.23 ,00 2518.60 ,00 2518.60 ,00 11046.60 ,00 11046.60 ,00 25.00 ,00 25.00 ,00 40.00 ,00 40,00 .00 1549.90 1549.90 212.58 29.40 301. 98 310.10 310.10 54,00 143,03 164,40 14.63 91.63 5,99 18.98 200,60 24,26 551.14 .52 13.14 23.85 1059,60 ,,/ 1059.60 515,231 515,23 2518,60 V 2518.60 11046,60 ,/ 11046,60 25,00/ 25,00 40.00_/ 40.00 ,00 ,00 1549.90 ./ 1549,90 ,00 ,00 ,00 212,58/ 29,40 ,/ 301. 98 ,00 ,00 -? 'f '8 7'2- 31P<iO'./ .;;; , ;.00,10 ,00 ,00 ,00 .00 .00 ,00 ,00 ,00 ,00 ,00 ,00 .00 .00 54.00 ,./ 143,OV" 164,40'/ 14,63 ,./ 91,63 ,./ 5,99v 18.98 / 200.60 / 24,26/ 551.14 / .52./ 13.14 ,./ 23.85 .... RUN DATE: 02/13/13 TnIE: 08:30 MEMORIAL MEDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 02/19/13 PAGE: 2 APOPEN VEND#,NM~E""""",.",.,.".,.".,CLS.INVOICE#.".,.",TRN DT,INV DT,DUE DT,CK DT,.PC,."",GROSS",.,DISC",.,.NO-PAY",.".,NET OFFICE SUPPLIES PURCHASIN 75501 020813 020513 021513 10.19 ,00 10,19/ OFFICE SUPPLIES CS INV 359130-0 021213 020613 021513 45,82 ,00 45,82../ OFFICE SUPPLIES m~ CLINIC 359335-0 021213 020813 021513 207.84 ,00 207,84./ OFFICE 8UPPLIES m~ CLINIC 359374-+0 021213 020813 021513 265.32 ,00 265,32 --- TOTALS...".,.,.."."",....."",.".",... : 1835.34 ,00 1835,34 E1070 EDWARDS PLilllBING INC SUPPLIES PLANT OPS W 52504 020713 113012 113012 55,75 .00 55,75 /' TOTALS""",...""....."".."",...,..", , 55,75 .00 55,75 F1100 FEDERAL EXPRESS CORP, 43,76 ,/ SHIPPING CHARGES W 2-161-79770 020813 013113 021513 43,76 ,00 TOTALS...",..",.,.""".,...""..,..,..,. : 43,76 .00 43,76 G0951 GENEVIEVE OSORNIA CONTRACT Hnl W #2 2013 020713 013113 021513 1000,00 .00 1000,00/ TOTALS,.."".",..."",...."",.."",..., : 1000.00 ,00 1000,00 10285 JAMES A DANIEL MONTHLY RENT MAHCH 24377 020813 020813 021513 750,00 ,00 750,00 ../ TOTALS""."...""."..""....", ....."", 750,00 .00 750,00 10807 KINGSLEE JANUARY CONTRACT !~I CLINIC 24381 020813 020713 021513 801,00 .00 801. 00 ,/ TOTALS"".",.."".....""...."".....", , 801.00 .00 801.00 1~2620 HEMORIAL HEDICAL CENTER RELOCATION RHONDA SImlONS W 24386 021313 021313 021313 2500,00 ,00 2500,00 / R'I.'''''o ':I:'Mfre$+ p.cc.... .fo( TOTALS.. '0....... to,....... to t.....,.... to...l 2500.00 ,00 2500,00 Re~......4.'''''' Cl<.4o ~"b"d.. S',,,,,,,.".5 10441 11MC EMPLOYEE BENEFITS WEEKLY CLAIIIS 18363 020713 020513 020513 3300,00 .00 3300.00/ TOTALS.""."...",..............."..."", , 3300,00 .00 3300,00 N1100 NATIONAL RECALL ALERT CENT 295.00 .-/ RECLL ALERT CNTR 218 - 2/ W 400307 021213 020413 020813 295,00 ,00 TOTALS"",."..""...,.."",.."",...,." , 295,00 ,00 295,00 10008 O!mI-PORT LAVACA 07, L,P. 10320.70 / RENT PAYMENT !lARCH 24378 020813 020813 021513 10320,70 .00 TOTALS..,.",.",..",.".,..""...."".,.. , 10320,70 ,00 10320.70 10777 OSCAR TORRES 250,00 I PEST CONTROL PLANT OPS 197564 020713 020213 020213 250.00 ,00 PEST CONTROL PLANT OPS 197565 020713 020213 020213 45,00 .00 45,00 ,/ TOTALS........... ........... .......... ...... ,I 295,00 ,00 295.00 M1245 PANACEA HEALTHCARE SOLUTIO 134.90 J SUBSCRIPTION LAB 169143 021213 012513 012513 134.90 .00 TOTALS.,..."..."..""",....."",..."", : 134.90 .00 134.90 10782 PRIVATE WAIVER CLEARING AC 150000,00 J PRIVATE WAIVER FEBRUARY 24379 020813 020113 021513 150000.00 ,00 RUN DATE: 02/13/13 TII~E: 08,30 MEMORIAL MEDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 02/19/13 PAGE, 3 APOPEN VENDI,NAllE""""""""."",,,,, ,CLS,INVOICE#",,,,, "TRN DT,INV DT,DUE DT,CK DT. ,PC..,,,, ,GROSS" .."DISC,,,. "NO-PAY",." "NET TOTALS",,,,,,,,,.,,,,,,,,,,,..,,,,,,,,..,,,, , 150000,00 ,00 150000,00 R1268 RADIOLOGY UNLIMITED, PA ../ READING FEES II 24383 021113 113012 123012 155,00 ,00 155,00 TOTALS"""".,,,,..,,,,,,,,,..,....,,,,.,,, , 155,00 ,00 155,00 N1410 REBECCA IrnLONE ./ CONTRACT HIH II #12013 020713 013113 021513 1060.00 ,00 1060,00 TOTALS,.""""""....,..,,,,,,,,,,.,,,,.. ., 1060,00 ,00 1060,00 G0425 ROBERTS, ROBERTS & ODEFEY, 13211,00 ./ LEGAL FEES ADMIN 1'1 JAM2013 021213 020813 020813 13211.00 ,00 TOTALS.....................,........ ,........1 13211. 00 ,00 13211. 00 10699 SIGN AD, LTD, ADVERTISING 2/10-2/28 162750 020713 020113 021013 237.50 .00 237.50 .v' ADVERTISING FEBRUARY 162796 020713 020113 021013 375.00 ,00 375,00.-/ TOTALS"""""."".",,,,,.,.,.,,,,,,,,,,, , 612.50 ,00 612,50 C2299 SUDDENLINK MEDIA ADVERTISING MID FEB - IUD 24382 020813 020613 020613 1440,00 ,00 1440,00 v' TQTALS"",.".""".",..,.""""""".. , 1440.00 ,00 1440,00 T2204 TEXAS IIUTUAL INSURAIICE CO 8837.00/ INSURAIICE 1/1 - 1/31 1'1 18362 020713 013113 021513 8837.00 ,00 TOTALS".""".."... ,.,.'""""" ,.""", 8837.00 ,00 8837,00 T2230 TEXAS \'IIRED I.wSIC INC OUTSIDE SRV PLhNT OPS A708306 020713 020113 020113 73,95 ,00 73,95 r \1 .... OUTSIDE SRV PLhNT OPS A708307 020713 020113 020113 59,95 ,00 59,95 TOTALS"...""",..""""""",."""." : 133,90 ,00 133,90 T2303 TG EMPLOYEE DEDUCTION 1'1 18368 021213 021213 021213 154,90 ,00 154.90/ TOTALS"""."".""..""",...."..""" , 154,90 ,00 154,90 Vl050 THE VICTORIA ADVOCATE ./ SUBSCRIPTION 11 967635 020713 011913 021813 12.40 ,00 12,40 SUBSCRIPTION 2/17 - 2/161 24384 021113 012313 021713 160,00 ,00 160,00 .... TOTALS.""".".",,,,,,,,,.,,,,,,.,,,,,,.., , 172,40 ,00 172,40 T2250 THYSSENKRUPP ELEVATOR CORP IIAI~"rAMCE PLANT OPS M 3000397469 020813 020113 020113 1043,37 ,00 1043,37 ,/ TOTALS................ to......... to...,......: 1043.37 ,00 1043,37 Ul064 UNIFIRST HOLDIMGS INC LAUNDRY DIETARY 8400139283 020713 011513 021413 56,58 ,00 56,58/' TOTALS."."."",..,."""""".,."".,., , 56,58 ,00 56.58 U1400 UNITED llAY OF CALHOUN COUN EMPLOYEE DEDUCTION 11 18364 021213 021313 021213 151. 50 ,00 151.50 ../ RUN DATE' 02/13/13 TIME, 08,30 MEMORIAL MEDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 02/19/13 PAGE' 4 APOPEN VEND~,NAllE"""""",..,.."".", .CLS,INVOICE~..".... ,TRN DT.INV DT,DUE DT,CK DT..PC"..., ,GROSS.., ..DISC.", ..NO-PAY""", .NET TOTALS,..,.."",."",."..""".""",." , 10472 VISA MISC PURCHASES 01/03-01/25 021213 012813 021913 TOTALS.,."",.",.,."..,..""".,.."",., , WI040 WATERlWlK GRAPHICS INC EMPLOYEE DEDUTION M 24385 021213 021213 021213 TOTALS.,.""".".,.."",.,."""""",., , 10394 WILLIAll E HEIKANP, TRUSTEE EMPLOYEE DEDUCTION 18367 021213 021213 021213 TOTALS..... 0........ ......... ............ to..1 10429 WILLIAll E HEITKIJ!P, TRUSTE EMPLOYEE DEDUCTION 18366 021213 021213 021213 TOTALS,..,.,.,."..""...."..".. ".".."" GRAND TOTALS............... en" '\. I., ii'taJl.' f ~Wi3 COUNTY C Ksd:!- I S I cg 2 10 fO 41' \61 'i?106 \)D \\)5 ;S-/f:J.8' /)/$2<1 151.50 ,00 151.50 1812,75 ,00 1812,75 1812.75 ,00 1812,75 3602,66 ,00 3602,66 v" 3602,66 ,00 3602,66 400,00 .00 400,00----- 400,00 .00 400,00 495.00 ,00 495,00 .../ 495.00 .00 495,00 222097.02 ,00 222097,02 ~~ \ (-< 370.10) (p.,v....d:." (' + 3 '1l.? 7 2- .,,?~.;{j 1;<5,(",'-1 fMvtre~~L- Micha.el ,J. Pfeifer Calhoun County ,Judge Dlit~: Z.....}qvJ~ RUN DATE: 02/13/13 TII!!:, 12: 23 MEMORIAL IIEDICAL CENTER EDIT LIST FOR PATIENT REFUNDS ARID=OOOl PAGE 1 APCDEDIT PATIENT NUI!BER PAYEE NAlIE DATE PAY PAT Al40UNT CODE TYPE DESCRIPTION GL NUM 652,00/ 10,OD,l 121,42/ 9l.0t!; 150,00/ 27,68/ 26,72/ 153,701 24,00/ 168,75 ./ 238.78/ 75.00) 54.20 j 20,00 ) 93,00/ 240,00 v' 98,98/ RUN DATE. 02/13/13 TIME. 12.23 MEMORIAL llEDICAL CENTER EDIT LIST FOR FATIENT REFUNDS ARID-0001 PAGE 2 APCDEDIT PATIENT NUMBER PAYEE NAME DATE PAY PAT AMOUNT CODE TYPE DESCRIPTION GL NUN 021213 100,001 58.61/ 021213 021213 58,61/ 021213 17,84/ 97.37 .I ARID-0001 TOTAL 2605,17 ____MM___________________________________________________________________________________________________________________M__________ '\ h ,1 cK3 JJ /5/800 +0 ::it/5/2fj'g TOTAL 2605,17 ~J)~PfJ- Michnal J. Pfeifer Coun',)! ,Judge PI' '2.~ .1- ) .. _' _.\. ...,,~_,_,=~_"~....~,.'"~_,,_, .,./_.,,_~~.._~'O RUN DATE,02/15/13 TIIlE,11 ,44 MEMORIAL MEDICAL CENTER EDIT LIST FOR BATCH 556 1303 CRT~556 TRANSACTION SEQUeNCE PAGE 1 GLEDIT ACCOUNT A,H,A, SEQ, NUMBER NUMBER TRANS DATE JOURNAL AMOUNT SOB-LED REFERENCE MEMO G,L, ACCOUNT DESCRIPTION --~--~-------------------------------------------------------------.----------------------------------------------------.----------- 1 20000000 02/15/13 PJ 15,000.00CR T0500 24390 TEAM REHAB ~ INV DT=02/11/13 DUE=021113 2 40530050 02/15/13 PJ 15,000,00 T0500 24390 TEAM REHAB PROF FEES -PHY T 3 20000000 4 40235076 02/15/13 PJ 02/15/13 PJ 1,200.00CR U2000 1,200,00 U2000 24389 24389 US POSTAL SERVICE 0 us POSTAL SERVICE ~ INV DT=02/15/13 DUE=021513 POSTAGE -BUS 0 120765126 5000 97558 - - - - - - - -R E C A P- - - - - - - - - - JOURNAL YRMO COUNT DEBIT PJ 1302 4 16,200,00 TOTAL 4 16,200,00 CREDIT 16,200,00 16,200,00 AlP TOTAL 16,200,00 ACCOUNT TOTAL RECAP ON NEXT PAGE c./LJr 15/ S~'10 0.}- -J;Ll5IE~D@ 15.. ')[1'13 /,-,) , COUN1V (:)=: (j)~ ;""-\erl"" &: II:h5 .{>os+aSe..- re,b 201 ~ YYkvLJ ^ OJ I ~-~~ i\. "i~""'\1 J P' 'f . _'lnJ! K\\~_ . H'7/ sr g~~f~~ul1 County Judge Le"",.._.2:--l'1.d? ~ RUN DATE: 02/20/13 TII1E: OB:55 NENORIAL IlEDICAL CENTER A? OPEN INVOICE LIST THRU DUE DATE OF 03/05/13 PAGE: 1 APOPEN VEND#,NAlIE.""""",..,.,."".".,CLS,INVOICE#,.""",TRN DT,INV DT,DUE DT,CK DT.,PC,.,.",GROSS"."DISC",."NO-PAY.",...,NET A1790 AFLAC ONLINE BILLING CHECK RE~II W 382407 021813 021813 030113 3309,01 .00 3309,010/ TOTALS""""."".""""""...."""", : 3309,01 ,00 3309,01 A1680 AIRGAS-SOUTmmST SUPPLIES PLANT OPS N 9012337037 021213 013113 030213 1761.63 .00 1761.63 0/ SUPPLIES PLANT OPS 9907280609 021513 013113 030213 198,70 ,00 198,70 ...... SUPPLIES PLANT OPS 9907280610 021513 013113 030213 425,92 ,00 425,92 0/ TOTALS"..,...."."",."",.",."""".., : 2386,25 .00 2386,25 A1645 ALCON LABORATORIES INC LENSES 1.1 14845639 021513 021113 021313 3114,00 ,00 3114,00 ,/ TOTALS,.."""""....."",.,...,."""... : 3114,00 ,00 3114,00 10533 ALERE NORTH ANERICA INC SUPPLIES !.All 9001483032 013113 012113 022013 1293,08 .00 1293,08 ./ SUPPLIES !.All 9001484263 013113 012213 022113 646,54 .00 646,54./ SUPPLIES !.All 9001486629 021213 010713 022313 646,54 .00 646.54 ./ TOTALS.""",..,..."""""",..""""" : 2586,16 .00 2586,16 10814 ALLIED BENEFIT SYSTENS WEEKLY CLAINS 24393 021913 021813 021813 23384,87 ,00 23384,87 V TOTALS.,."""""..",..."""...."",." I 23384,87 ,00 23384,87 A1360 AlIERISOURCEBERGEN DRUG COR PHARNACEUTICALS W 710057595 020713 013013 022813 701,80 ,00 701.80""-- PHARllACEUTICALS 710642252 021813 021513 022513 337,94 ,00 337.94 .-/ TOTALS"..""""".,."""""""..,..", : 1039,74 ,00 1039,74 A2218 AQUA BEVERAGE CONPANY ./ SUPPLIES !.All N 451648 021513 013113 022513 18,34 ,00 18,34 TOTALS,.",."".,.",..""",.."""".", : 18,34 ,00 18,34 A2260 ARROW INTERNATIONAL INC SUPPLIES CS INV 1,1 4301590 013113 012813 022713 353,37 ,00 353,37 ./ TOTALS.",..",."...".,.".""..,.".,.... : 353.37 ,00 353,37 A1965 ARRT CONTINUING EDUCATION CT 11 24388 021513 020813 020813 200,00 ,00 200,000/ TOTALS....."""",.""..""",..."",.., : 200,00 ,00 200,00 Bl075 BAXTER HEALTHCARE CORP PHARllACEUTICALS H 38311036 013113 012913 022813 574,80 ,00 574,80~ SUPPLIES CS INV 39284987 013113 012413 022313 355.93 ,00 355,93 SUPPLIES CS INV 39337039 021113 013113 022813 274,94 ,00 274,94/ LEASE IV PUlIPS 2/1 - 3/1 39345916 021113 020113 022813 2767,00 ,00 2767,00j LEASE IV PUlIPS 2/1 - 3/1 39347623 021113 020113 022813 190,50 ,00 190,50 TOTALS...... .,................ to,......,.....: 4163,17 ,00 4163,17 B1220 BECKHAN COULTER INC SUPPLIES LAB 1'1 103307628 013113 012413 022313 413,84 ,00 413,84,j/ RUN DATE: 02/20/13 TIt-lE: 08:55 MEMORIAL MEDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 03/05/13 PAGE: 2 APOPEN VEND#,NM~E.,."..."",.""..""."CLS,INVOICE#,.,."..,TEN DT.INV DT.DUE DT,CK DT.,PC,.",.,GROSS"."DISC"""NO-PAY""""NET SUPPLIES LAB 103325341 021513 020513 030413 254,70 ,00 254.70 v" SUPPLIES LAB 103326794 021513 020613 030513 24997,55 ,00 24997,55 ,/ LEASE/SRV CONTRACT LAB JA 5287221 021513 013113 022813 5382,13 ,00 5382.13 v TOTALS",...""..,."",..",."""".,.", : 31048,22 ,00 31048,22 B1800 BRIGGS HEALTHCARE OFFICE SUPPLIES lU4C CLINI M 6866553RI 012513 012113 022013 109,97 .00 109,97 V SUPPLIES HIM 6866551RI 021913 012113 022013 37.37 ,00 37,370/ TOTALS"""""."."",........."",...", : 147,34 ,00 147,34 B0437 C R BARD INC SUPPLIES SURGERY II 61184415 012913 012313 022213 365,65 ,00 365,65 ,/ SUPPLIES CS INV 43718071 013113 012813 022713 433.50 ,00 433,50 v TOTALS",."""""".".."",.."""..", : 799,15 ,00 799,15 A1825 CARDINAL HEALTH SUPPLIES NUC MED M 08108492 021513 013113 013113 308,08 ,00 308,08/ SUPPLIES NUC NED 08108510 021913 020813 020813 448,54 ,00 448,54/ TOTALS..",.",.."."",..,.",..,..",..", : 756,62 ,00 756,62 10650 CAREFUSION 2200, INC SUPPLIES CARDIO 9104031725 020813 013113 022813 130,11 ,00 130,11 ,/ SUPPLIES SURGERY 9104057815 021913 021313 021213 49,40 ,00 49.40 ,../ TOTALS..."..."."...""".,.."..."".", : 179,51 ,00 179,51 C1993 CCR MEDICAL, INC ~/ SUPPLIES CARnIO 8853 013113 012813 022713 40,40 .00 40,40 TOTALS""",."."",."",.".."",.""., : 40.40 ,00 40,40 C1992 CDW GOVERNlIENT, INC, 99,29./' OFFICE SUPPLIES fU4C CLINI M W719322 013113 012213 022113 99,29 ,00 TOTALS",.",.""."."""""""".""., : 99,29 ,00 99,29 10350 CENTURION MEDICAL PRODUCTS SUPPLIES CS INV 91201583 012813 012213 022113 928,27 ,00 928,27'/ SUPPLIES CS INV 91205683 013113 012813 022713 367,00 ,00 367,00./ SUPPLIES VARIOUS 91212021 021513 020513 030413 547,16 ,00 547,16./ TOTALS,.".."..".""...."",..."",.", ,: 1842,43 ,00 1842,43 10661 CENTURYLINK TELEPHONE FEBRUARY 1247611227 021813 020313 030513 248.80 ,00 248,80./ TOTALS....".",..".."""."""""""" : 248,80 ,00 248,80 10720 CHRIS RAMIREZ, JR, 570,00'/ CONTINUING EDUCATION 13003 020713 020413 022013 570,00 .00 TOTALS"""""""".""",.."",."",., : 570,00 ,00 570,00 10786 CLINICAL PATHOLOGY / OUTSIDE SRV LAB JANUARY 201301-0 021513 013113 022813 4398,70 ,00 4398.70 TOTALS"",.""""".""".,.".""""" : 4398,70 ,00 4398.70 C2157 COOPER SURGICAL INC 38l,12 / SUPPLIES CS INV l~ 3040558 121712 120712 010613 381.12 ,00 RUN DATE. 02/20/13 TIllE: 08.55 MEMORIAL MEDICAL CENTER AP OPEM INVOICE LIST THRU DUE DATE OF 03/05/13 PAGE: 3 APOPEN VEND#.NAllE"",."""""""""" ,CLS,INVOICE#". ,. ,., ,TRN DT,INV OT,DUE DT.CK DT..PC,."" . GROSS , ", ,DISC"", ,NO-PAY"",.. ,NET TOTALS.""",,,,,,,,,,,,,,,,.,,...,,..,,,,.. : 381.12 ,00 381.12 C2510 CPSI ELECTRONI PAYSTUBS II 783957 021913 021313 021313 220,15 ,00 220.15 ,/ TOTALS""""..,,,,,....,,,,,,,,..,,,,,..,,, : 220,15 ,00 220,15 10006 CUSTOM NEDICAL SPECIALTIES SUPPLIES CT SCAN 149930 012513 012113 022013 556.04 ,00 556,04 ,/ SUPPLIES RADIOLOGY 150629 021513 020513 030413 65,27 ,00 65.27 ./ TOTALS".,.,,,,,,,,..,,,,,.,.,,,,.,.,,,,,,,,, . 621.31 ,00 621.31 U1752 DLE PAPER & PACKAGING FORlIS CS INV II 6920 012913 012313 022213 335,55 ,00 335,55 ./ TOTALS"".,,,,,,,,..,.,,,,,.,,,,,,.,,,,,,,,, . 335,55 ,00 335,55 D1710 DOlmTOiM CLEANERS 79,00'/ OUTSIDE SRV PLAN! OPS 1'1 JAN2013 020813 013113 022813 79,00 ,00 TOTALS........., t.......,....................: 79,00 ,00 79,00 10689 FASTHEALTH CORPORATION l>IEBSITE IU<INTENANCE FEBRU 02A13!n1C 020713 020113 022813 495,00 ,00 495.00 ,/ TOTALS,."""".,.""".""""."""",. : 495,00 ,00 495,00 10003 FILTER TECHNOLOGY CO. INC 111. 52 ./ SUPPLIES PLANT OPS 74035 021113 013113 030213 111. 52 ,00 TOTALS""",.,.",..",.""""""",..". : 111.52 ,00 111.52 FH03 FISHER & PAYKEL HEALTHCARE SUPPLIES CARDIO 11 134684 013113 012813 022713 185,00 ,00 185,00 ,/ TOTALS"""""...""""",,,,,.,,..,,,,., . 185,00 ,00 185,00 F1400 FISHER HEALTHCARE SUPPLIES LAB 11 5698171 012913 012213 022113 270,44 ,00 270,44~ SUPPLIES LAB 5698172 012913 012213 022113 939,89 .00 939,89 SUPPLIES LAB 535773 013113 012313 022213 43,02 .00 43,02 / SUPPLIES LAB 5735775 013113 012313 022213 576,91 .00 576,91/ SUPPLIES LAB 5898642 021213 012913 022813 69,98 ,00 69.98/ SUPPLIES LAB 5898644 021213 012913 022813 210,00 ,00 210:00'/ SUPPLIES LAB 5898645 021213 012913 022813 1764,07 ,00 1764.07./ SUPPLIES LAB 5945566 021213 013013 022813 700,50 ,00 700,50/ SUPPLIES LAB 5945567 021213 013013 022813 562,95 ,00 562.95/ SUPPLIES LAB 5993909 021213 013113 022813 210,00 ,00 210.00'/ SUPPLIES LAB 5993910 021213 013113 022813 413,38 .00 413.38 SUPPLIES LAB 6040447 021513 020113 022813 621.34 .00 621.34 ,/ SUPPLIES LAB 6040450 021513 020113 022813 52,89 .00 52.89/ SUPPLIES LAB 6084119 021513 020113 40,00 .00 40,00/ SUPPLIES LAB 6126636 021513 020513 030413 10,03 .00 10,03~ SUPPLIES LAB 6126637 021513 020513 030413 65,78 .00 65,78 SUPPLIES LAB 6126638 021513 020513 030413 599,50 .00 599.50/ SUPPLIES LAB 6173952 021513 020613 030513 1711.36 ,00 1711.36 j SUPPLIES LAB 6220793 021513 020713 030513 81,76 ,00 81.76 RUN DATE: 02/20/13 TII4E: 08:55 I4EMORIAL lmDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 03/05/13 PAGE: 4 APOPEN VEND#,NM1E"""",.,."""".,.""CLS,INVOICE#,."",.,TRN DT,INV DT.DUE DT,CK DT"PC".,."GROSS,.",DISC"""NO-PAY""""NET TOTALS,..""""""",...""."..".."", : 8943,80 .00 8943,80 F1653 FORT BEND SERVICES, INC OUTSIDE SRV PWlT OPS FEB 0179756-IN 020813 020113 022813 495,00 ,00 495,00 V TOTALS",.,..""""""",.."""..""", : 495.00 ,00 495,00 G0100 GE HEALTHCARE SRV CONTRACT RADIOLOGY W 5583282 021513 020413 030313 3504.39 ,00 3504,39 .-" SRV CONTRACT RADIOLOGY 5583286 021513 020413 030313 447,91 ,00 447,91 ,/ TOTALS""",..,.."....",..""""",."" : 3952,30 ,00 3952,30 10653 GLOBAL EQUIPI4ENT COMPANY OFFICE SUPPLIES SOC SRV 105411437 013113 012413 022313 163,96 ,00 163,96 ,/ TOTALS"""..",.".,."...."".."",."" : 163,96 ,DO 163,96 W1300 GRAIMGER SUPPLIES RADIOLOGY 14 9046999844 012913 012213 022113 457,61 ,00 457,61 v' SUPPLIES RADIOLOGY 9047302188 012913 012213 022113 28,98 ,00 28,98""- SUPPLIES RADIOLOGY 9047502399 012913 012213 022113 107,85 ,00 107,85'/ SUPPLIES AUXILIARY 9048168562 012913 012313 022213 119,97 ,00 119.97 ,/ SUPPLIES PLANT OPS 9052336972 013113 012813 022713 16,50 ,00 16.50"- SUPPLIES l~l CLINIC 9056982359 021113 020113 030313 66,30 .00 66.30.-" SUPPLIES LAB 9056787006 021213 021013 030313 27,00 ,00 27,00 -- TOTALS"""""""""""..""",.""", : 824 ,21 ,00 824.21 A1292 GULF COAST HARDWARE / ACE DEPT REPAIR ICU W 073915 012913 012813 022713 12,96 ,00 12.96./ SUPPLIES BIOllED 073841 013113 012413 022313 9,19 ,00 9.19/ SUPPLIES BIOMED 073846 013113 012413 022313 46,56 ,00 46.56./ DEPT REPAIR DIETARY 073914 013113 012813 022713 16,78 ,00 16,n/ RENOVATION llW CLINIC 073927 020713 012913 022813 16,67 ,00 16,67v SUPPLIES BIOlIED 073962 020713 013013 022813 1,96 ,00 1.96,/ SUPPLIES PWlT OPS 074031 020813 020413 030313 15,54 ,00 15,5. -- SUPPLIES PWlT OPS 074038 020813 020413 030313 11.16 ,00 11,16 ,/ TOTALS,...".."..,..."..."""....,.."". , 130,82 ,00 130,82 G1210 GULF COAST PAPER COI4PANY SUPPLIES 1~IC CLINIC 14 516993 012513 012213 022113 32,49 ,00 32,49 V SUPPLIES HOUSEKEEPING 520643 013113 012913 022813 268,00 ,00 268.00 ./ SUPPLIES HOUSEKEEPING 520651 013113 012913 022813 112,02 ,00 112.020/ DEPT REPAIR HOUSEKEEPING 524460 020813 020513 030413 352,65 ,00 352,65/ SUPPLIES HOUSEKEEPING 524470 020813 020513 030413 84,42 ,00 84,42v TOTALS..."""."."".""."""""""" , 849,58 ,00 849,58 H0030 H E BUTT GROCERY SUPPLIES DIETARY 14 005731 012513 012313 022213 128,79 ,00 128,79,/ SUPPLIES DIETARY 008138 012513 012413 022313 132,07 ,00 132,07 SUPPLIES DIETARY 081959 013113 012913 022813 21,35 ,00 21.35,/ SUPPLIES DIETARY 084453 013113 013013 022813 52,80 ,00 52,80 ./ SUPPLIES PHARl~CY 086373 013113 013113 030113 2,87 ,00 2,87/' SUPPLIES DIETARY 074860 020713 012513 022413 380,43 ,00 380,43 ,/ RUN DATE: 02/20/13 TIllE: 08:55 MEMORIAL MEDICAL CENTER AP OPEN IMVOICE LIST THRU DUE DATE OF 03/05/13 PAGE: 5 APOPEN VEND#,NAl1E.,.""""".,.,.,.".""CLS.IMVOICE#"",..,,TRN DT.IMV DT,DUE DT,CK DT"PC,.",.,GROSS"",DISC."".NO-PAY""""NET TOTALS..".""",...""",...."""."".. : 718.31 ,00 718.31 10804 HEALTHCARE CODING & CONSUL OUTSIDE SRV Hnl JANUARY 2401 020713 020113 022813 343,75 ,00 343,75/ TOTALS"""""",.""..".""".,.""", : 343,75 ,00 343,75 H1399 HILL-ROM COMPANY, INC BED RENTAL 1/8 - 1/18 II 8159409 021113 013113 030213 544,50 ,00 544, SO --- TOTALS,."."""".""".,.."""...",." : 544,50 ,00 544,50 10298 HITACHI MEDICAL SYSTEMS SRV 2/25 - 3/24 PJIM0047674 012913 011513 022513 9166,67 ,00 9166.67- TOTALS..""""",..""",."""""""., : 9166.67 ,00 9166,67 10415 INDEPENDENCE MEDICAL SUPPLIES CS IMV 27921798 013113 012113 022013 179,42 ,00 179,42 r SUPPLIES CS IMV 28017090 021913 020613 030513 64.47 ,00 64,47./ TOTALS,..."."""".,."".."...""..",. : 243.89 ,00 243,89 10950 INFOLAB IMC SUPPLIES LAB M 3215714 012913 012213 022113 937,78 ,00 937,78""" SUPPLIES LAB 3218527 021513 012913 022813 997,56 ,00 997,56/ SUPPLIES LAB 3218991 021513 013013 022813 325,15 ,00 325,15/ SUPPLIES LAB 3221537 021513 020513 030413 69,00 ,00 69,00 ,/ SUPPLIES LAB 3221538 021513 020513 030413 34,00 ,00 34,00/ SUPPLIES VARIOUS 3221539 021513 020513 030413 1347,98 .00 1347,98 .-' SUPPLIES LAB 3222680 021513 020713 030513 54,00 .00 54,00/ TOTALS."".".."....."",....""",.."" : 3765,47 .00 3765,47 10671 INNOVATIVE X-RAY SERVICES SRV CONTRACT I.IARCH 2012CL0515-5-11 021513 020113 030313 458,33 ,00 458.33 ,/ TOTALS"""..,."",..,...""",..,.""", I 458,33 ,00 458,33 J0150 J & J HEALTH CARE SYSTEMS, SUPPLIES SURGERY 909401859 012913 012613 022213 698,70 ,00 698,70 ....... TOTALS."""""...""..".".."",.",." : 698,70 ,00 698,70 J0356 J,A, ImJORS SUPPLEIS 1~1 CLINIC 13043143 021113 013013 022813 103.24 ,00 103,24'/ TOTALS""".,..""..."",.......""..".. : 103.24 ,00 103,24 J1300 JECKER FLOOR & GLASS DEPT REPAIR DIETARY VI 68220 013113 012813 022713 50,00 ,00 50,00../ TOTALS."",.."."",......""".."""", : 50,00 ,00 50,00 K1231 KOMICA MINOLTA MEDICAL 11m SRV CONTRACT 2/1 - 2/28 34387 021913 020613 030513 510,00 ,00 510,00 / TOTALS"."",.."..""""".."""...". ,: 510,00 .00 510,00 B1489 KRISTI BLINKA TRAVEL EXPEMSES OB 24387 021513 021113 021113 168.37 ,00 168,37 / RUN DATE, 02/20/13 TUlE, 08,55 MEMORIAL MEDICAL CENTER AP OPEM IMVOICE LIST THRU DUE DATE OF 03/05/13 PAGE, 6 APOPEM VEND#,Nro'E,."",.,."""""""",CLS,IMVOICE#",..,..,TRM DT,IMV DT,DUE DT,CK DT.,PC""",GROSS"",DISC"",.MO-PAY""""MET TOTALS",."...".."""."",.."......." .: 168,31 ,00 168.31 L1288 LANGUAGE LIME SERVICES OUTSIDE SRV ER \1 3090587 021113 013113 022813 11.36 .00 11,36 v' TOTALS".."..."...",,,.,.,., ".,.,...".,.: 11,36 .00 11,36 10111 LCA BANK CORPORATION OUTSIDE SRV HIN FEBRUARY 3521159 020113 020113 022513 2436,14 ,00 2436,14 ,/ TOTALS,."""""".",,,,,,...,...,,,,,,.,. , 2436,14 ,00 2436,14 M1511 ItlRKETLAB, INC SUPPLIES LAB ,I 1<718255 013113 012213 022113 160,94 ,00 160,94 ,/ TOTALS,.,.",.."...",,,,,,,.,,,,,,,,,,,,,,, : 160,94 ,00 160,94 M1500 fUffiKS PL\ThffiING PARTS SUPPLIES PLANT OPS II 1188426 013113 012913 022813 194,44 .00 194,44 r' SUPPLIES PLANT OPS 1181321 021213 012413 022313 340,34 ,00 340,34,r TOTALS....... to.. ......, to........ to to..... ..1 534,18 .00 534,18 M2485 MEDRAD INC SUPPLIES CT SCAN M 139413092 021213 02051! 030413 1016,64 .00 1016,64 V TOTALS,.,.".".",."",."...".",.,,,,,,, , 1016,64 ,00 1016,64 M3656 MERIDIAN BIOSCIENCE SUPPLIES LAB 154828 021213 012913 022813 1543,21 .00 1543,21 ,/ TOTALS",."",."""",."",.",.,.""". , 1543,21 .00 1543,21 M2659 MERRY X-RAY/SOURCEOME HEAL SUPPLIES RADIOLOGY II 30093485824 012913 012313 022213 186,93 .00 186,93 ,/ SUPPLIES RADIOLOGY 30093484595 013113 012213 022113 115.18 .00 115,18 --- SUPPLIES VARIOUS 30093494858 020813 020413 030313 416,15 ,00 416,15/ TOTALS.".""",,,,,.,,,,,,,,,,,,,,,,,,,.,,, : 119,46 ,00 719,46 142650 METLIFE !.IONTHLY FOR FEBRUARY \1 18369 021813 021813 021813 258.52 ,00 258,52 - TOTALS."".""."""""""""""".", : 258,52 ,00 258,52 M2621 I~IC AUXILIARY GIFT SHOP EMPLOYEE PURCHASE II 24394 021913 021913 021913 183,88 ,00 183,88 ,/' TOTALS.,..",...""",...".."""""",., : 183,88 .00 183,88 10536 MORRIS << DICKSON CO, LLC PHARlIACEUTICALS 4280482 020113 020413 022513 31.51 .00 31,51 r' PHARllACEUTICALS 4280484 020113 020413 022513 644,48 .00 644,48/ PHARI'lACEUTICALS 4281340 020113 020413 022513 32,89 .00 32,89 ,/ PHARI'lACEUTICALS 4281341 020113 020413 022513 6687,81 ,00 6681,81/ PHARllACEUTICALS 4281418 020113 020413 022513 197,16 ,00 191,16/ PHARllACEUTICALS 4281516 020113 020413 022513 138,24 ,00 138,24/ PHARI'lACEUTlCALS 4281144 020113 020413 022513 13,52 ,00 13,52/ PHARIlACEUTICALS 4286101 020113 020513 022513 4483,13 ,00 4483,13./ PHARllACEUTlCALS 4286102 020113 020513 022513 235,01 .00 235,01...... RUN DATE: 02/20/13 MEMORIAL MEDICAL CENTER PAGE' 7 TmE: 08:55 AP OPEM IMVOICE LIST THRU DUE DATE OF 03/05/13 APOPEN VEMDU,NAME""".,...""",..,.." ..CLS.IMVOICEU"".", ,TAM DT,IMV DT,DUE DT,CK DT, ,PC"",. ,GROSS"" ,DISC,.." ,NO.PAY""", ,NET PHARIlACEUTICALS 4291307 020813 020613 022513 21.23 ,00 21.23 .... PllAmlACEUTICALS 4291308 020813 020613 022513 3366.93 ,00 3366,93 ....... PllAmlACEUTICALS 4292149 020813 020613 022513 3.56 ,00 3,56 ,/ PHARMACEUTICALS 4297396 021113 020713 022513 573.30 ,00 573,300/ PHAlUIACEUTICAL CREDIT 2945 021213 020613 022513 -26.73 ,00 -26,73 ......... 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PHARMACEUTICALS 4335012 022513 021913 031013 6819,67 ,00 6819,67:/ PHARMACEUTICALS 4339759 022513 022013 031013 1953,01 ,00 1953.01 PHAR1!ACEUTICALS 4343964 022513 022113 031013 786,74 ,00 786,71/ PHARMACEUTICALS 4343965 022513 022113 031013 5341,25 ,00 5341,25/ PHARMACEUTICAL CREDI~ 5234 022513 022013 031013 -1158,18 ,00 -1158,18 ,/ P~lACEUTICAL CREDIT CM11354 022513 022013 031013 -,24 .00 -,24 ,/ PHARMACEUTICALS 4353633 022613 022513 031013 241, 74 .00 241.74 / P~lACEUTICALS 4353634 022613 022513 031013 2147,57 ,00 2147.57'/ PHARMACEUTICAL CREDI~ 5408 022613 022113 031013 -697.74 ,00 -697,74/ TOTALS"""."...."",..",."".",.,.",. : 25374,18 ,00 25374,18 OM425 OIIENS & llINOR 33.75/ SUPPLIES CS INV 2055452 020813 021213 031113 33,75 ,00 RUN DATE, 02/27/13 TIME, 09,01 ImlORIAL DIEDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 03/12/13 PAGE' 5 APOPEN VEND#,NM~E"..".""."""",.",.,CLS.INVOICE#,.""",TEN DT,INV DT.DUE DT,CK DT..PC".",.GROSS",.,DISC"""NO-PAY",.""NET SUPPLIES VARIOUS 2055764 020813 021213 031113 3666,40 ,00 3666,40 ::::- SUPPLIES !~DSURG 2053844 021913 020713 030613 27,77 ,00 27,77 SUPPLIES RADIOLOGY 2054364 021913 020813 030713 124,00 ,00 124.00"/ SUPPLIES CS INV / OR 2050660 022613 013113 022813 986.43 ,00 986,43/ TOTALS""""",.",...,."""".."""". , 4838,35 ,00 4838,35 PI102 PCM SALES, INC, SUPPLIES LAB J71016820101 021213 020413 030613 131,34 ,00 131,34/ TOTALS".,.,..",.",."".""""",...,." : 131.34 ,00 131.34 P2200 POimR ELECTRIC SUPPLIES BIOMED 1'T 162184 021913 020813 030713 2,89 ,00 2,89 .,/ DEPT REPAIR 162307 021913 021113 031013 9,06 ,00 9,06 ....- SUPPLIES PLANT OPS 162228 021913 021213 031113 53.98 ,00 53,98/ DEPT REPAIR OP 162396 022613 021913 031213 17.24 ,00 17,24....- DEPT REPAIR OP 162334 022613 022313 022313 5.88 ,00 5,88""- TOTALS,..."..""",.."""""".."...", : 89.05 ,00 89,05 10326 PRINCIPAL LIFE INSURANCE !lARCH 18372 022613 021713 030113 1350,31 ,00 1350.31 .....- TOTALS",."",."""",.""""""""", : 1350.31 ,00 1350,31 RI050 R G & ASSOCIATES IMC SUPPLIES PLANT OPS I! 211059 021813 020713 030613 180,40 ,00 180.40 ./ TOTALS.",.""."..."".,..",......""." : 180.40 ,00 180,40 R1200 RED HAWK SRV CONTRACT 12/1 - 2128 7020396535 022513 120712 010613 725,00 ,00 725,00/ MONTHLY PMT FOR DECEMBER 7020396536 022513 120712 010613 27,56 ,00 27,56/ DIONTHLY PMT FOR FEB 7020399973 022513 020813 030713 27,56 ,00 27,56 .....- TOTALS",."...."....."".."...,."....". , 780,12 ,00 780,12 10645 REVISTA de VICTORIA ADVERTISING FEBRUARY 02201327 020813 020813 030713 375,00 ,00 375,00/ TOTALS,...".."""",..",..,.."..,.".", , 375,00 ,00 375,00 01080 RITA DAVIS OUTSIDE SRV PURCHASING Ii 24398 022613 022613 021613 709,50 ,00 709,50'/ TOTALS.",.."""..,.""...""..""""., , 709,50 ,00 709,50 10812 ROBERT T HARDY SUPPLIES ADMIN 24397 022513 022113 022113 354,50 ,00 354.50 v CONTRACT 2/1/-3/1 24398 022613 022613 022613 5000,00 ,00 5000,00 ./ TOTALS"""....."..,..""."...,..,.,."" , 5354,50 ,00 5354,50 S1800 SHERWIN lIILLIM!S DEPT REPAIR BEHAVIOR HEAL 1'T 6806-4 022513 021313 031213 175,47 ,00 175,47 ,/ TOTALS"".""."."""."""""",...", , 175.47 ,00 175,47 S3940 STERIS CORPORATION 360,58/ INSTRUlIENT REPAIR SURGERY M 4560985 021913 021313 031213 360,58 ,00 RUN DATE: 02/27/13 TIl<EI 09:01 IIEIIORIAL IIEDICAL CENTER AP OPEN INVOICE LIST THRU DUE DATE OF 03/12/13 PAGE, 6 APOPEN VENO#,NANE""""".""""",..",CLS,INVOICE#"",.,.,TEN DT,INV DT,DUE DT,CK DT"PC""".GROSS"",DISC".",NO-PAY"".".NET TOTALS""""""...""",.."""""."., : 360,58 .00 360,58 S2830 STRYKER SALES CORP 91.20/ SUPPLIES SURGERY !l 624501A 021913 020713 030613 91.20 ,00 TOTALS,.."",.."..."",.",.."""..."., : 91.20 .00 91.20 T0500 TEAll REHAB INTERUl BILLING II 24397 022613 022613 022613 10000,00 .00 10000.00/ TOTALS",.",..",...""..""""""""" : 10000,00 .00 10000,00 T2303 TG EMPLOYEE DEDUCTION II 18375 022613 022613 022613 128,60 ,00 128,60 ./ TOTALS.."".."".."",..,.."""".".,., I 128,60 .00 128,60 S2679 THE ST JOHN CONPANIES, INC SUPPLIES CS INV H 08079427 021913 020813 030713 205,00 ,00 205,00/ SUPPLIES HI!< 08079429 021913 020813 030713 58.27 ,00 58,27/ SUPPLIES HUl 08080513 021913 021113 031013 20.05 ,00 20,05 ,/ TOTALS"""".."".""",..""""""", : 283.32 ,00 283,32 T0801 TLC STAFFING CONTRACT NURSE II 11098 020813 020513 030713 1490,65 ,00 1490,65/ 1'0'I'ALS............................,.,....... .1 1490,65 ,00 1490,65 P2190 U S POSTAL SERVICE POSTAGE 24398 022613 022613 022613 1000,00 ,00 1000,00 ./ TOTALS,..."""",."..".""""...""." : 1000,00 ,00 1000,00 Ul054 UNIFIRST HOLDINGS 35,91 /' LAUNDRY !lAINTENANCE II 8150600357 021913 021213 031113 35,91 ,00 TOTALS"",.""..",.."",....""",.."" , 35,91 ,00 35,91 Ul064 UNIFIRST HOLDIHGS INC LAUNDRY HOSPITAL LINEN 8400140765 020813 020813 030713 841.80 ,00 841,80/ LAUNDRY SURGERY 8400140766 020813 020813 030713 348,59 ,00 348,59 / LAUNDRY HOSPITAL LINEN 8400140907 021913 021213 031113 753,61 ,00 753,61./ LAUNDRY HOUSEKEEPING 8400140908 021913 021213 031113 206,95 ,00 206,95/ LAUNDRY PLAZA 8400140909 021913 021213 031113 177,57 ,00 177 ,57./ LAUNDRY DIETARY 8400140910 021913 021213 031113 173,07 ,00 173,07./ LAUNDRY OB 8400140911 021913 021213 031113 86.70 ,00 86,70'/ LAUNDRY HOUSEKEEPING 8400140912 021913 021213 031113 94.35 ,00 94,35/ LAUNDRY DIETARY 8400141766 022613 022613 022613 188,46 ,00 188,46 ./ TOTALS..""..,...""."""""...,.",.." I 2871,10 ,00 2871.10 Ul056 UNIFOlUI ADVANTAGE EHPLOYEE PURCHASE II 4821963 021813 020813 030713 120,94 ,00 120,94'/ TOTALS,....",.,."..,..,.."""".""...., : 120,94 ,00 120,94 U1400 UNITED IIAY OF CALHOUN COUN El4PLOYEE DEDUCTION II 18374 022613 022613 022613 83.50 ,00 83,50/ TOTALS."""."""",.""..",.,..""..., I 83.50 ,00 83.50 V0559 VERIZON IIIRELESS 157,02/ IIIRELESS CARDS 6853047369 022613 021613 031113 157,02 ,00 RUN DATE' 02/27/13 TIME, 09,01 MEMORIAL MEDICAL CENTER AP OPEM INVOICE LIST THRU DUE DATE OF 03/12/13 PAGE, 7 APOPEM VEMD#,MAl1E."""..,."."".,...""CLS,INVOICE#""."..TRM DT,INV DT,DUE DT,CK DT,.PC."",.GROSS",.,DISC"""MO-PAY"".,.,MET TOTALS....................................... : 157,02 ,00 157,02 11110 WERFEM USA LLC 4385,86/ SUPPLIES LAB 9110006569 021913 020813 030713 4385.86 .00 SUPPLIES LAB 9110006570 021913 020813 030713 710.29 ,00 710,29 ~ SUPPLIES LAB 9110006758 021913 020813 030713 98.00 ,00 98,00.-' TOTALS""",."""."...."".."""""" , 5191.15 ,00 5194,15 W1167 MESCOR IMC ,/ LAB EQUIPMENT lj 447093 022613 021313 031213 8316.60 ,00 8316,60 TOTALS"".,....,.."."",.,.,..""."."" , 8316.60 .00 8316,60 10394 WILLIAM E HElEAMP, TRUSTEE 400,00/ E!IPLOYEE DEDUCTION 18377 022613 022613 022613 400,00 ,00 TOTALS",.",..".""",....,.."""..", ... 400,00 ,00 400,00 10429 WILLIAl1 E HEITKAl1P, TRUSTE ,/ ENPLOYEE DEDUCTION 18376 022613 022613 022613 495,00 ,00 495,00 TOTALS.............................,......... : 495.00 ,00 495,00 GRAND TOTALS.",.,..",..",...."........"" 148907.19 ,00 148907,19 '} Q "lfl'I" L tl (,,~ .) ef.s i1-/sJl.{J()~ -r() j:t />)-Ob't IV"J..J 9 if ~_ jl1- I) Run Oat': 01/29/13 IIllMORIAL MEOICAL CRlITRR page 81 Time: 10:00 Payroll Register ( Bi-Week1y I P2REG Pay p,dod 01/11/13 - 01/24/13 Run! 1 Final Summary in Pay Cod e Sum mar y ~~~~~____._________n___________n_______*H 0 e due t ion s Sum mar y ____nu_____t 1 PayCd Description Nrs IOTISHIMEIHO[CB [ Gross I Cod, Amount I *-----------------------------------------------------------_______________*___________________________________h_______________* 1 REGULAR PAY-Sl 7778.50 II II N 137689.48 A/R 911.00 AWARDS BOOTS 1 RBGULAR PAY-S1 1300.00 N II II II 42888.35 CAFB H CAFB-C CAF&-D 872,80 1 . REGULAR PAY-S1 149,25 Y II N 4627.02 CAFB-P CAFB-N 8167.50 CAFE-I 1 REGUlJ\R PAY-S1 12.50 Y II II N 581.12 CAFE-L CAFB-P CANCER 2 REGUlJ\R PAY-S2 2528.25 II II N 52956.62 CLlInC CRJlDUII 25.00 DOOAL 411.64 2 REGUlJ\R PAY-S2 38.50 Y II N 1506.91 DBo-LF FBIYfAX l3068.99~fICA-N 4372.24 3 REGUlJ\R PAY-S3 1579.75 II N N 37096.73 FICA-O 18715.11 FLEX S FORT 0 3 REGUlJ\R PAY-S3 71.50 Y N N 2738.51 MA GIFT S 254.84 GRANT B SrCK BONUS 12.47 N II N 244.54 GRP-IN GTL HOSP-! 4140.80 C CA11 PAY 384.00 N II N N 768.00 lDTFT LEAF MrSC C CALL PAY 1819.75 )) II N 3639.50 OTHBR 3552.72 PilI PR FIN 501.86 E EXTRA NAGES N II N N 2905.22 .REPAY SIGNOlI ST-TX E EXTRA WAGES N II N N 580.00 SlUIJEN 127.12 TSA-1 TSA-2 I mSBRVICE 1.00 N N II II 19.36 TSA-C TSA-P TSA-R 21140.43 I INSERVIC8 1.75 II N II 50.49 TlITlON UN/NOS I INSRRVrCE 1.00 Y II N 43.73 r IlISERVlCE 6.25 Y N N 270.47 K BXTRlIDED- ILLNESS - BAtIK 12.00 II II N II 129.4B K NXTRlIDED- ILLNESS-BAtIK 64.00 N 1 N II 1340.96 M MEAL REIMBURSBHEIIT II II II N 11.00 P PAlD-TlME-OFF 172.03 II 11 11 N 3944.00 P PAID-TIIm-OFF 814.00 N II II 15939.40 X CALL PAY 2 BO.OO II II II N 160.00 X CALL PAY 2 79.00 N 1 N II 158.00 Z CALL PAY 3 28.00 N 11 II N 84.00 Z CALL PAY 3 68.00 II 11 II 204.00 *~~~M_n~_~~~_U_H__ Grand Totals: 17(101.50 __Hun ( GroSS: 310576.89 Dedllctions: 96928.05 Net: 213648.8l I I Checks Count: - IT 161 PT 16 Other 35 Female 181 ~lale 31 Credit OVerAmt 14 ZeroNet Term Total: 2121 *_________________n_____________________________________________.__._._.________________________hH______u___________n_______, FED TAX ,./' 33,068.99 37,390.54/ (18,715.11-19.85(2%collected)= 18,695.26x2 = 37,390.54) ./ 8,744.48 79,204.01 FICAO FJCAM TOTALS ~~----> Tax Payment Report Worksheet EFTPS Voice Response S, (Photocopy this worksheet for futu.re use.) [l)lij You dial: EFTPS responds: You enter: 1-800-555-3453 "Welcome to the Electronic Federal Tax Payment System" "If you are calling from a Touch Tone phone, press 1." . 1 (For Touch Tone phone) LiJ':J EFTPS prompts: "Enter your 9-digit Taxpayer Identification Number" You enter: 1IJ[Jl] W[Q][QJ mmm [ZJ (9-digit Employer Identification Number) t...,.., ..:..~.,. 'I ~S..::.1 EFTPS promts: You enter: 'i~~j EFTPS prompts: You enter: "Enter your 4-digit PIN" r=- . __~ digit Personal Identification Numb Lists the Main Menu Selections Press 1 (to initiate a tax pryment) !l::1tl1 EFTPS prompts: You enter: EFTPS responds: "Enter the Tax Type numberfollowed by the pound (#) sign_" [2]@]moO 0 (3-to 6 digit tax type number from the IRS Tax Form-Table in Appendix A) "You entered Tax Type/Tax Description (Based on the selection in step #5) II/:(;:jl EFTPS prompts: You enter: ll;71 ERPS prompts: You enter: "Enter Tax Payment Type" 1 digit number Tax Payment Type (Tax Payment Type specific to Tax Form Code in Appendix 0) "Enter the 4-digit Tax Filing Period starting with the year followed by month'" rn m [IT] rn (Valid 4-digit Tax Period based on IR5 Tax Form Table in Appendix A) m EFTPS prompts: You enter: [''''' :r~' HTPS prompts: "Enter the payment Amount followed by the pound (#) sign," (You must enter cents even if you are reporting a whole dollar amount.) $1(YouJgQJnJJ~Lnl~J9~~,[Jl]UJ Enter the I-digit Verification Code." 00 Verification Code* *(See Appendix E for Verification Code Calculation) . . Il':m:~ EFTPS responds: You enter: "Enter the 6-digit tax payment settlement date by month, day, year." . (Note, the next business date you enter must be at least one business day in the future). []]QhJ IJIJ ITWrr:::J m . (6-digit tax payment settlement day in MMOOVY format) (Continue) ~ fIll. \1~~ll~ . ~ ~0I11'1J:,'7/' w.mL w '. l.)..ll<l It; ~ Run Date: 02/01/13 Time: 10:54 MEMORIAL MEDICAL CENTER Payroll Register ( Bi~Weekly ) Pay Period 01/25/13 - 02/01/13 Runff 2 Page P2REG Final SUlMlary *-- Pay Cod e Sum mar y ....___n...n___...__n._______...____..i.. D e due t ion s S u rn mar Y H___________t I PayCd Description Hrs IOTISHlwEIHOlcBI Gross I Code Amount I t_______n_n ________n__ ___ _____O_______n__ __.n_._ u___ ____n_n_ _____nt_Noun _ _____..U__H _ n__n ___ ____"h______ _n____.t E N N N N 5000.00 AiR AHARDS BOOTS CAFE H CAFE-C CAPE-D CAFE-F CAFE-H CAFE-I CAFE-L CAFE-P CANCER CLINIC CREDUN DENTAL DEP-LF FEDTAX 561.31 FICA-H FICA-O 310,00 FLEX S FORT 0 FUTA GIFT S GRANT GRP-IN GTL HOSP-I ID TI'I LEAF MISC OrnER PHI PR FIN REPAY SIGNON ST-TX STUDER TSA-1 TSA-2 TSA-C TSA-P TSA-R TUTION UW /HOS 12.50 350,00 L__U_h.......U___ Grand Totals: _.__n_ (Gross: 5000.00 Deductions: 1299,81 Net: 3700.19 ) I Checks Count:- IT 3 PT Other Female 3 Male Credit OVerAmt ZeroNet Term Total: 3 I t___________________________.__...._______........__________n__n_____________...________________.___.________._______no_wow_Nt ~.~ 0/;;-6 ~ &/~/6 0/[;// Run Date: 02/12/13 MEI{ORIAL llEOICAL CENTER Page 86 Time: 12:19 Payroll Register ( BHleekly ) P2RIlG Pay Period 01/25/13 - 02/07/13 RunU 1 Final Summary L~ Pay Cod e Sum mar y _.n._~h.._____n_u_____un_u_~___~uL_ D e due t ion B Sum mar y nnn_______* I PayCd Description IIrs 10TISlllwBIII0ICBI Gross 1 Code Amount I * ____ _____*~. _u ~ ____ _ n __n _ __ _". _ _ ___ __ _ __ _ _ _ ____ _ _ n _ _ __ ____ __ ______." _. t. "*_~_____ _ ______ __ _. ~"" _ _ _ _ ____ _ _ _ _ _ _ ____ _____ ___._* 1 REGULAR PAY-S1 7805.00 N N N 140113.17 A/R 928.07 AIIARDS BOOTS 1 REGULAR PAY-S1 1J17.25 N N N N 43535.51 CAFE H CAFE-C 662.84 CAFE-O 1003.96 1 REGULAR PAY-S1 159,75 Y N 11 3680.58 CAFE-F CAFE-II 9359.38 CAFE-I 256,57 2 REGULAR PAY-S2 2549,50 N N 11 52333.93 CAFE-L 366.82 CAFi-P 534.59 CANCER 12.68 2 REGULAR PAY-S2 83.50 Y N 11 2384.44 CLINIC CREDOS 25.00 DENTAL 405,46 3 REGULAR PAY-S3 1612,50 11 11 N 37163.47 DEP-LF 334,05 FEOTAX 31629.56 FICH! 4315.60 3 REGill,AR PAY-S3 96.75 Y 11 II 3310.33 FICA-O 18476,99FLEXS 1322.86 FORT 0 C CALL PAY 2363.75 II II II 4727.50 FIlTA GIFT S 192.19 GRANT E EXTRA IIAGES N II 11 N %3.30 GRP-IN 129.26 GTL HOSP-I 3597.62 E EXTRA WAGES II 1 N N N 748.75 IO TFT Lm IIISC F FUNERAL LEAVE 24.00 II 1 N N 275,52 OTHER 2957.50 PH! . PUIN 517.95 I INSERVICE 23.00 N I N N 552,72 REPAY SIGNON ST-TX I INSERVICE 16.00 Y 1 N N 744,00 STUDEN 154.90 TSA-1 TSA-2 J JURY L8m 9,50 N 1 N N 150.26 TSA-C TSA-P TSA-R 21779.65 K EXTENDED- ILLNESS-BANX 202.00 N 1 N N 3329.94 TIlTION UlI/HOS 151.50 M MEAL REIMBURSEHENT N N N N 11.00 P PAID-TIME-OFF 267.82 N N N N 3103.91 P PAID-Tn!E-OFF 599.25 N N N 12549.19 X CALL PAY 2 144.00 N II N N 288.00 X CALL PAY 2 16.00 N N N 32.00 Z CALL PAY 3 48,00 N N N N 144.00 Z CALL PAY 3 48.00 N 1 N N 144,00 t PHONE & DATA N N N N 552.50 *~H**n_____________ Grand Totals: 17385.57 ___nn {Gross: 311138.02 Deductions: 99115.00 Net: 212023,021 1 Checks Count: - IT 164 PI 15 Other 34 Female 181 Hale 32 Credit OverAmt 9 ZeroNet Term Total: 2131 :i______________n__u_______________u__________________________u___________________________________n_n_______________u____.i Run Date: 02/13/13 Time: 13:43 Department 076 /oIENORIAL flEDICAL CENTER Payroll Register ( Bi -Weekly l Pay Period 01/25/13 - 02/07/13 Runi 3 Dept. Sequence Page 1 P2REG *.- Em ploy e e _____in Tim e ~~__u.._n__~~~____u_______________________L_ D e due t ion S u___n__h_n_____u_n_* INum/Type/Name/pay/ExemptIPaycd Dept Hrs 10TlsHIWEIHOlcol Rate Gross I Code Amount I *------------------------*---------.-------------------------..--------------.----.*------------------------.-----------------------* FT Hrly: 8.1500 1 016 24.50 N P 076 62,91 N N N N 8.1500 N N N 8.7500 214.38 CAFE-D 5.40 CAFE-H 550.99 FICH 10.29 FICA-O TSA-R 53.58 765.37 Deductions: 236.29 50,00 PEDTAX 44.02 UW/ROS 70.00 3.00 Fed-BX: S-OO St-Ex: -00 i___nnuu_nn_n_n_ --__* Total: 87.47 __un."_____.__ (Gross: Net: 529,00) Department Summary *"- Pay Cod e Sum mar y __nnu_uu_nnn___________n________*__ D e due t ion s Sum mar y _n_nn_n__t I PayCd Description Rrs IOTlsHlllEIHOlcol Gross I Code Amount I i _ ________ _. _____.___._ __ ___ _ _______ ___ _ _ _ _ _______ _ _ _ _ _ __ _ __ _ _ _ _ _ ____ _. ____" __ _ ______ _ ____ _ __. _ _ _ ___ _ __ _ n _ _____ __.. _ _ ___. _ _ u _ _ i 1 REGULIIR PAY-S1 24.50 tl N N N 214.38 A/R A!,ARDS BOOTS P PAID-TIHB-OFF 62.97 II N N N 550,99 CAFB H CAFE-C CAFE-D CAFE-F CAFE-H 50.00 CAFE-I CAFE-L CAFE-P CANCER CLINIC CREDUN DENTAL DEP-LF FEDTAX 70.00 FICA-14 FICA-O 44.02 FLEX S PORT 0 FOTA GIIT S GRAlIT GRP-IN GTL HOSP-I ID TIT LEAF IHSC OTHER PHI PR FIN REPAY SIGNON ST-TX STIJDEN TSA-1 TSA-2 TSA-C TSA-P TSA-R TUTION UW/HOS 3,00 5.40 10.29 53.5E / iuuun_nn__ Department Totals: 87.47 __u___ {Gross: 765.37 Deductions: 236.29 Net: 529.08) v I Checks Count: - FT 1 PT Other Female 1 f'lale Credit OverAmt Z,eroNet Term Total: 1 1 i___.. H _______ _ _ __. __ _.. ___ __ __ _ __ _ __ _ __ _ n _ _ _ _. _. n ____ __ ______ _ _ __.. ________ __ _ n __ _ n _. _..._. ___ _~~______ ___ __ u _ _ _ _ _ n _ n__i cJIc. &> /fJ/t/.:; IT-<<-''''=.- t'-:/ Tax Payment Report Worksheet EFTPS Voice Respanse S, (Phatocapy this worksheet for future use.) Dil You dial: EFfPS respands: You enter: Jl.,,"!.lj L.. '.:'~ 1 EFTPS pro~pts: YaU enter: r~"1 EFfPS pramt~: ..... ~ Yau enter: if:'~iI EFTPS prompts: You enter: .~:i...; EFTPS prompts: . ..;" Yau enter: EFTPS respands: ,,"~'J,:- EFTPS prompts: Yau enter: '''tJ EFTPS prompts: r.,.,~' Yau enter: "\";>j EFfPS prampts: ~k~ You enter: 1-800-555-3453 "Welcame to. the Electronic Federal Tax Payment System" "Ifyau are calling from a Touch Tone phone, press 1." 1 (For Touch Tane phone) "Enter your 9-di~it Taxpayer Identification Number" 1IJ1J[][k][Q](1[]wrnmm (9-digit Employer Identification Number) "Enter your 4- igit PIN'.' I ~_~~ __- ciigitPersonalldentification Numb lists the Main Menu Selections Press 1 (to. Initiate a tax pryment) ~ I"~tel the yx TYP;J1umberfollowed by the pound(# sign.': . rn [2]110 D (3-to 6 digit tax type number.from the IRS Tax Form-T~b'teii;Appendix A) "Yo'u entered TaxType!Tax Description (Based on the selection in step #5) "Enter Tax Payment Type , 1 digit number Tax Payment Type (Tax Payment Type specific to. Tax Form Code in Appendix D) . "Enter}he 4-digit T,.Filin.g Period starting with the year followed bY!!lanth'" rn [1L] IJ.LJ W (Valid 4-digit Tax perlad base~ an IRS Tax Form Table in Appendix AI "Enter the payment Amount followed by the pound (#) sign." (You must enter cents e~ ;f~~re reJ'ortin~ wh~ doll~D t.) $DD,OrTI ,rTn"l[1][2].[3]m (Yaur payment amaunt cannot exc~9,999,999;99) ~~. EFfPS prampts: Enter the 2-digit Verification Code." o D Verification Cade* "(See Appendix E for' Verification Cod.e Calculation) ~II EFfPS responds: ~",,\.J ~\~~\~\7 You enter: " .....'.i~I~{)ti\14?n~ "Enter the 6-digit tax payme.nt settlement date by month, d~y, year." . (Note, the ~ext bl1si\les1ate you enteyrnust be at least one business day in the futwe). I -/ . . gg}t t; JFv!~V~~~,SgJyfn-dMDDYYfOrmat) (Continue) euJM Lv '0 . .1,1 j't! 1'1.>.. "cf\" .,'1":" March 28, 2013 2013 APPROVAL LIST - 2013 BUDGET 34 COMMISSIONERS COURT MEETING OF 03/28/2013 BALANCE BROUGHT FORWARD FROM PAGE 33 $ 395,686.61 FICA P/R $ 38,630.02 MEDICARE PIR $ 9,030.08 FWH P/R $ 30,461.48 NATIONWIDE RETIREMENT SOLUTIONS P/R $ 6,449.96 OFFICE OF THE ATTORNEY GENERAL - CHILD SUPPORT P/R $ 3,440.32 TEXAS ASSOCIATION OF COUNTIES HEBP PIR $ 170,327.60 AT&T A/P $ 50.21 CABLE ONE AlP $ 924.94 CALHOUN COUNTY NAVIGATION DISTRICT NP $ 1.53 CARDMEMBER SERVICE AlP $ 4,412.14 CENTERPOINT ENERGY AlP $ 2,456.56 CITY OF PORT LA V ACA AlP $ 2,324.65 CPL RETAIL ENERGY AlP $ 86.86 CREDIT CARD CENTER AlP $ 3,488.43 DPS REPROGRAPHICS AND DISTRIBUTION CENTER A/P $ 50.00 EXXON/MOBIL NP $ 90.26 FROST BANK A/P $ 5,000,00 PHILPOTT MOTORS NP $ 146,397.25 POC MUD DISTRICT NP $ 14.59 RELIANT ENERGY SOLUTIONS A/P $ 25,626.86 VERIZON SOUTHWEST AlP $ 2,121.20 W AL-MART AP $ 14.73 WASTE MANAGEMENT AlP $ 2,236.20 WCID#I A/P $ 0.43 TOTAL VENDOR DISBURSEMENTS: $ 849,322.91 TRANSFERS BETWEEN FUNDS CALHOUN COUNTY INDIGENT HEALTH CARE AlP $ 45,221.10 TOTAL TRANSFERS BETWEEN FUNDS: $ 45,221.10 TOTAL AMOUNT FOR APPROVAL: $ 894,544.01 p "' '" @ '" ~ <3 C!. ~ ~ '" ~ o B ~~~ ",0 ""u ~~[.L, ~:J~ 8~~ ~ii!'" o~g ~~s u a .~ ~ "" " " "" ~ ..., E ~ c ~ '" "" !l o 0, " ~] d qZ ~ "" ~ u :B ~ q d .Z 15. .~ ~ q d .Z ~ ~ "" " ~ Z ~ o "" a :> ~ o ~ 8 ~ ~ " "" o U c5 o M ~ " '" ;:: c5 en 1;1 ~ ::> en ,,: g ~ o u o 15. 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