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Denton Co. Levee Dist-CN240620CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR DCLID-1 DENTON CREEK DREDGING FOR DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1 BY HALFF ASSOCIATES, INC. 2601 MEACHAM BLVD, STE 600 FORT WORTH, TEXAS 76137 TBPELS FIRM #F-312 JUNE 20, 2024 PROJECT NUMBER: AVO 37396.004 JUNE 2024 This Page Intentionally Left Blank TABLE OF CONTENTS I.BIDDING REQUIREMENTS PAGE INVITATION FOR BIDS I-1 – I-2 INSTRUCTIONS TO BIDDERS I-3 – I-6 BID PROPOSAL I-7 – I-18 II.CONTRACT FORMS AND AGREEMENTS Contract for Construction II-1 – II-18 Notice to Proceed II-19 – II-20 Exhibit A – Surety and Bond Requirement II-21 – II-22 Exhibit B – Insurance Requirements II-23 – II-30 Exhibit C – Employment Requirements and Wage Rates II-31 – II-42 III.TECHNICAL PROVISIONS Engineers Technical Specifications and Bid Item Descriptions III-1 – III-18 ATTACHMENTS ATTACHMENT A – SWF-2021-00512 Permit Compliance Certification ATTACHMENT B – Geotechnical Engineering Study – DCLID Dredging Project – May 20, 2022 ATTACHMENT C – Coppell Tree Removal Permit Number 01164 ATTACHMENT D – Addenda I-1 INVITATION FOR BIDS Electronic copies of the Bid Documents for the Denton County Levee Improvement District No. 1 (DCLID) for the proposed DCLID-1 Denton Creek Dredging Project may be obtained by contacting Halff Associates, Inc. (Halff) at (214) 937-3953 beginning June 23, 2024 or at pmoore@halff.com until May 3, 2024. A Pre-Bid meeting will be held on-site at 2:00 PM on July 2, 2024, at the Vista Ridge Athletic Complex at 2950 Lake Vista Drive, Coppell, Texas 75067. Bids must be accompanied by either a Bid Bond or Cashier’s Check in the amount of 5% of the Bid price issued by a Surety or Bank authorized to do business in Texas with an office in Dallas, Texas. Bids will be received at the Halff Associates, Inc. office at 3803 Parkwood Blvd, Ste 800, Frisco, Texas 75034 or via CivCast until 2:00 PM. on July 12, 2024. Late bids will be returned unopened. The Project consists primarily of site preparation, earthwork, dredging, and material disposal of along sections of old Denton Creek. I-2 This Page Intentionally Left Blank I-3 INSTRUCTIONS TO BIDDERS 01 - PREPARATION OF BID Bidders shall use the proposal forms included in the documents or the form located on the CivCast posting. Hard copy proposal forms are to be left attached to documents in the same manner as received by Bidders. Supplemental data to be furnished, as shown in the Specifications, shall be included in the same sealed envelope with Proposal or included as an attachment in CivCast. 02 - DELIVERY OF PROPOSAL It shall be the Bidder's responsibility for the delivery of its Proposal at the proper place by the time stated in the Notice to Bidders. The mere fact that a Proposal was dispatched will not be considered. Each hard copy Proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name and description of the Project and the Bidder's full name and address. Proposals in CivCast shall adhere to all website specifics. 03 - FORM OF PROPOSAL Electronic copies of the Bid Documents may be obtained via the project CivCast posting or by contacting Parker Moore via email at pmoore@halff.com or by calling (214) 937-3953 to make other arrangements. The bid proposal shall be a total price for all work as presented in the project drawings and specifications, including any applicable taxes, and all costs for the items as hereinafter specified. The bid prices shall be written in ink, both in words and in figures, in case of discrepancy the price written in words shall govern. Prospective bidders shall make a careful examination of the specifications and shall become fully informed of the overall requirements. 04 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting his Bid, each Bidder must (a) read and examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect performance of the work, (c) familiarize himself with federal, state, and local laws, ordinances, rules and regulations governing the performance of the work, and (d) carefully correlate his observations with the requirements of the Contract Documents. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of the above. 05 - QUALIFICATION OF BIDDER Before being awarded a contract, the Bidder may be required to submit such evidence as the OWNER may require to establish financial responsibility, experience, and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: I-4 a.Certified financial statement (current--within last six months of bid date); b.List of construction jobs performed within the last five years, listing description, construction amount, owner, engineer; c.List of litigation in which the CONTRACTOR is involved; d.List of equipment owned which will be utilized on the job, and e.List of all current Projects, owner, contract amount, percent complete. Should the Bidder fail to produce evidence to the OWNER on any term of the foregoing points, he may be disqualified and termed non-responsive and the work awarded to another Bidder so qualified. 06 – OPENING OF BIDS Bids will be received until 2:00 PM on July 12, 2024 at Halff Associates, Inc. located at 3803 Parkwood Blvd, Ste 800, Frisco, Texas 75034, ATTN: Parker Moore. Late Bids will be returned unopened. 07 - REJECTION OF BIDS The OWNER reserves the right to reject any bid if the evidence submitted by the Bidder, or if the OWNER's investigations of such bidder, fails to satisfy the OWNER as to his qualifications to carry out the obligations of the Contract and complete the work contemplated therein in a skilled, workmanlike manner. Proposals will be considered irregular and may be rejected if they show alteration in form, additions not called for, conditions or unauthorized alternatives, or irregularities of any kind. The OWNER reserves the right to reject any or all bids and to waive formalities. 08 - NOTICE OF AWARD The OWNER will notify the successful bidder or bidders, if any, by issuing a Notice of Award within thirty days after the date of receiving bids. Pursuant to Texas Government Code 2252.908 (the “Interested Party Disclosure Act” or the “Act”), the Owner may not award a contract to a bidder unless the bidder has provided to the Owner a completed and signed TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed and provided to the Owner. The TEC Form 1295 must be provided to the Owner prior to the time prescribed for award of the contract. The TEC Form 1295 may be provided to the Owner via facsimile or electronically; however, the original signed TEC Form 1295 completed with certificate number must be physically delivered to the Owner within two business days of the award. Following the award of the contract, the Owner will notify the TEC of the receipt of each completed TEC Form 1295, and the complete form will be on the TEC’s website and will be accessible by the public. The Owner reserves the right to reject any bid that does not comply with the requirements prescribed herein or to I-5 waive any such requirements. For the purposes of completing the TEC Form 1295, the entity’s name is Denton County Levee Improvement District No. 1 and the contract ID number is DCLID2024-1. Neither the Owner nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. Consequently, an entity intending to bid on a contract should consult its own advisors to the extent it deems necessary and be prepared to submit the complete form promptly upon notification from the Owner that its bid is the apparent winning bid. 09 - BID SECURITY Each bid must be accompanied by a certified cashier's check or an approved bidder's bond underwritten by a surety named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department, made payable unconditionally to the OWNER in an amount of Five Percent (5%) of the Bidder’s total amount bid as a guarantee that, if awarded the Contract, the Bidder will enter into a Contract and furnish all required bonds and evidence of required insurance within ten (10) days after award of said contract. 10 - RETURN OF BID SECURITY The OWNER shall normally return the proposal guaranties accompanying all proposals within ten working days after the bid opening except for the three apparent low proposals. The three apparent low proposal guaranties shall be retained by the OWNER until the required contract and surety bonds have been executed, after which they will be returned. 11 - PERFORMANCE AND PAYMENT BONDS A performance bond and payment bond in the amount of not less than one hundred percent (100%) of the contract price conditioned upon the faithful performance of the contract will be required upon the forms which are a part of the Contract Documents. Bonds shall be executed by a Surety Company acceptable to and approved by the OWNER, authorized to do business in the State of Texas, and acceptable for underwriting of risks as indicated by the latest revision, Treasury Department Circular 570, listing companies holding certificates of authority from the Secretary of the Treasury as acceptable sureties on federal bonds. The period of performance and payment bonds shall be extended one year or such other period of time as the guarantee shall cover from the date of acceptance of all work done under the Contract, to cover the guarantee as set forth in Exhibit A. Bonds shall be written to the benefit of the OWNER. 12 - INTERPRETATION AND ADDENDA If any Bidder contemplating submitting a bid for the proposed project is in doubt as to the meaning of any part of the Contract Documents, questions may be submitted to Parker Moore at Halff Assocaites, Inc., at pmoore@halff.com for an interpretation thereof. Request must be submitted a minimum of 72 hours before the time for receiving bids. The Bidder submitting the request will be responsible for its prompt delivery. Any interpretation or modification of these documents will be made only by Addendum duly issued and a copy of such Addendum will be emailed to each Bidder receiving a set of such documents. The OWNER will not be responsible for any other explanations or I-6 interpretations. Issued Addenda will become a part of the Contract Documents. To properly qualify its proposal, each Bidder shall acknowledge receipt of Addenda on the Bid Proposal as specified. 13 - ALTERNATE BIDS AND OPTIONAL MATERIALS AND EQUIPMENT The Bidder may submit a Proposal for Alternate Materials or Equipment in addition to its Base Bid, for the OWNER's consideration, if it feels the Alternate may have certain advantages to the OWNER in its intended use. Materials or Equipment differing from that specified may be submitted, provided the Bidder clearly states such differences, and all essential requirements of the Specifications are strictly adhered to. If the Materials and Equipment offered under this provision is, in the opinion of the ENGINEER, equal to or better than that specified, or satisfies the requirements of the Project, it will, at the OWNER's option, be given consideration. Where a statement of such departure is not made, it will be understood that equipment or materials in strict accordance with Specifications is being offered. 14 – PREVAILING WAGE RATE Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall ascertain the general prevailing wage rate received by the classes of workers employed on projects similar to this project and shall specify in the call for bids and the Contract the minimum wage rates which shall be paid for each type of worker. This statute further provides that the Contractor or Subcontractors shall pay, as a penalty, to the Owner $60.00 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rate stipulated in the Contract. The Owner is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract. The statute likewise requires that the Contractor and subcontractors keep an accurate record of the names and occupations of all persons employed by them in the construction of the Project and to show the actual per diem wages paid to each worker. These records are open to the inspection of the Owner. END OF INSTRUCTIONS TO BIDDERS I-7 BID PROPOSAL Bid of ____________________________________________ Date ______________________ (Name of Firm) TO: Halff Associates, Inc. 3803 Parkwood Blvd, Ste 800 Frisco, Texas 75034 Attn: Parker Moore FOR: DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1 DCLID-1 Denton Creek Dredging The undersigned, as Bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that his proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Invitation for Bids, Instructions to Bidders, the General and Supplementary Conditions, Specifications, and the Drawings herein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials as called for in the Contract Documents in the manner prescribed and according to the Plans and Specification requirements of the OWNER as herein set forth. Accompanying this proposal is a (certified or cashier’s check payable to the OWNER) (Bid Bond) in the amount of 5% of the Total Amount Bid____________________________________ ____________________________________________________________________________ ____________________________________________________________________________. The bid security accompanying this Proposal shall be returned to the Bidder, unless in case of the acceptance of the Proposal, the Bidder shall fail to execute a Contract and file Performance and Payment Bonds within ten days after its acceptance, in which case the bid security shall become the property of the OWNER, and shall be considered as payment for damages due to delay and other inconveniences suffered by the OWNER on account of such failure of the Bidder. It is understood that the OWNER reserves the right to reject any and all bids received. Prices shall be shown in words and figures. In the event of a discrepancy, the words shall govern. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the Plans and Specifications, for the following sum of prices, to wit (see following pages). I-8 BID APPROXIMATE DESCRIPTION OF ITEM AND UNIT UNIT AMOUNT ITEM QUANTITY BID PRICE WRITTEN IN WORDS PRICE BID SECTION I – GENERAL PROJECT ITEMS I-1 1 LS Care Of Water $$ Complete in Place for the Sum of: dollars and cents per Lump Sum I-2 1 LS Mobilization and Project Startup $ $ Complete in Place for the Sum of: dollars and cents per Lump Sum I-3 1 LS Barricades, Signs, and Traffic Handling $ $ Complete in Place for the Sum of: dollars and cents per Lump Sum I-4 1 LS Storm Water Pollution Prevention Plan $ $ Complete in Place for the Sum of: dollars and cents per Lump Sum BID APPROXIMATE DESCRIPTION OF ITEM AND UNIT UNIT AMOUNT ITEM QUANTITY BID PRICE WRITTEN IN WORDS PRICE BID SECTION II – OLD CHANNEL IMPROVEMENTS II-1 35 STA Preparing ROW $ $ Complete in Place for the Sum of: dollars and cents per Station II-2 18 SY Removing Conc (Sidewalks) $$ Complete in Place for the Sum of: dollars and cents per Square Yard I-9 II-3 100 SY Removing Conc (Medians) $$ Complete in Place for the Sum of: dollars and cents per Square Yard II-4 8,656 CY Excavation (Channel) $ $ Complete in Place for the Sum of: dollars and cents per Cubic Yard II-5 8,656 CY Haul and Disposal $$ Complete in Place for the Sum of: dollars and cents per Cubic Yard II-6 2,405 CY Embankment (Final) (Den Cont) (Ty C) $$ Complete in Place for the Sum of: dollars and cents per Cubic Yard II-7 21,321 SY Shaded Vegetation Establishment System $$ Complete in Place for the Sum of: dollars and cents per Square Yard II-8 10,975 SY Non-Shaded Vegetation Establishment System $$ Complete in Place for the Sum of: dollars and cents per Square Yard II-9 688 SY Riprap (Stone Protection) (12 In) $ $ Complete in Place for the Sum of: dollars and cents per Square Yard II-10 32 SY Riprap (Stone Protection) (Grout) (12 In) $ $ Complete in Place for the Sum of: dollars and cents per Square Yard I-10 II-11 1,922 SY Riprap (Stone Protection) (24 In) $ $ Complete in Place for the Sum of: dollars and cents per Square Yard II-12 170 SY Removing Rock Riprap $ $ Complete in Place for the Sum of: dollars and cents per Square Yard II-13 1 LS Removing Conc Diversion Dam $ $ Complete in Place for the Sum of: dollars and cents per Lump Sum II-14 211 SY Construction Exits (Install) (Ty 1) $ $ Complete in Place for the Sum of: dollars and cents per Square Yard II-15 211 SY Construction Exits (Remove) $ $ Complete in Place for the Sum of: dollars and cents per Square Yard II-16 18 SY Conc Sidewalks (4”) $ $ Complete in Place for the Sum of: dollars and cents per Square Yard II-17 100 SY Conc Paving and Median $ $ Complete in Place for the Sum of: dollars and cents per Square Yard II-18 4 EA Tree Removal (6” - 12” Dia) $ $ Complete in Place for the Sum of: dollars and cents per Each I-11 II-19 10 EA Tree Removal (12” - 18” Dia) $ $ Complete in Place for the Sum of: dollars and cents per Each II-20 13 EA Tree Removal (18” - 24” Dia) $$ Complete in Place for the Sum of: dollars and cents per Each II-21 1 EA Tree Removal (24” - 30” Dia) $$ Complete in Place for the Sum of: dollars and cents per Each II-22 2 EA Tree Removal (30” - 36” Dia) $$ Complete in Place for the Sum of: dollars and cents per Each II-23 1 EA Tree Removal (60” - 72” Dia) $$ Complete in Place for the Sum of: dollars and cents per Each II-24 1 LS Tree Protection $$ Complete in Place for the Sum of: dollars and cents per Lump Sum II-25 492 CY Overflow Structure Clay Core $$ Complete in Place for the Sum of: dollars and cents per Cubic Yard I-12 BID APPROXIMATE DESCRIPTION OF ITEM AND UNIT UNIT AMOUNT ITEM QUANTITY BID PRICE WRITTEN IN WORDS PRICE BID SECTION AA-1 – FLOOD CONTROL CHANNEL MECHANICAL CLEARING AA-1- 1 7 AC Mechanical Clearing $$ Complete in Place for the Sum of: dollars and cents per Acre BID APPROXIMATE DESCRIPTION OF ITEM AND UNIT UNIT AMOUNT ITEM QUANTITY BID PRICE WRITTEN IN WORDS PRICE BID SECTION AA-2 – ENVIRONMENTALLY SENSITIVE HAUL AND DISPOSAL AA-2- 1 N/A CY Environmentally Sensitive Haul and Disposal $$ N/A Complete in Place for the Sum of: dollars and cents per Cubic Yard BID APPROXIMATE DESCRIPTION OF ITEM AND UNIT UNIT AMOUNT ITEM QUANTITY BID PRICE WRITTEN IN WORDS PRICE BID SECTION AA-3 – OLD DENTON CREEK RAINFALL EVENT AA-3- 1 N/A EA OLD DENTON CREEK RAINFALL EVENT $$ N/A Complete in Place for the Sum of: dollars and cents per Each BID APPROXIMATE DESCRIPTION OF ITEM AND UNIT UNIT AMOUNT ITEM QUANTITY BID PRICE WRITTEN IN WORDS PRICE BID SECTION AA-4 - MANMADE TRASH HAULOFF AND DISPOSAL AA-4- 1 N/A TON MANMADE TRASH HAULOFF AND DISPOSAL $$ N/A Complete in Place for the Sum of: dollars and cents per Ton I-13 SECTION I – GENERAL PROJECT ITEMS SECTION II – OLD CHANNEL IMPROVEMENTS SUB-TOTAL TOTAL AMOUNT BID SEPARATED CONTRACT REQUIREMENTS: Total Base Bid Amount Allocated for Incorporated Materials $ Total Base Bid Amount Allocated for Labor (including consumables, equipment rental, insurance payments, and Contractor’s fees): $ SECTION AA-1 – FLOOD CONTROL CHANNEL MECHANICAL CLEARING SEPARATED CONTRACT REQUIREMENTS: Total Bid Amount Allocated for Incorporated Materials $ Total Bid Amount Allocated for Labor (including consumables, equipment rental, insurance payments, and Contractor’s fees): $ Note: Quantities may be adjusted by Owner on a reasonable as-needed basis following written objectivity quantifiable and calculable data supporting such request. Such adjustments shall be based upon unit prices identified in this bid proposal. The undersigned agrees to substantially complete all work covered by these Contract Documents in accordance with limitations outlined in the CONTRACT FOR CONSTRUCTION. In the event that the project is not complete within the allotted time as specified herein, the OWNER will assess liquidated damages in accordance with the CONTRACT FOR CONSTRUCTION. In the event of award of a Contract to the undersigned, the undersigned will furnish Performance and Payment Bonds for the full amount of the Contract to secure proper compliance with the terms and provisions of the Contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in fulfillment of the Contract. The work proposed to be done shall be accepted when fully complete and finished in accordance with the Plans and Specifications, to the satisfaction of the OWNER. The undersigned certifies that the bid prices contained in this Proposal have been carefully checked and are submitted as correct and final. Receipt is hereby acknowledged of the following addenda to the Contract Documents: Amendment No. 1 dated _____________________ Received ____________________________ Amendment No. 2 dated _____________________ Received ____________________________ Amendment No. 3 dated _____________________ Received ____________________________ Amendment No. 4 dated _____________________ Received ____________________________ Amendment No. 5 dated _____________________ Received ____________________________ I-14 Amendment No. 6 dated _____________________ Received ____________________________ I-15 BID PROPOSAL SIGNATURE PAGE Respectfully submitted,Attested by: ____________________________________________________________________ Signature Signature ____________________________________________________________________ Printed Name and Title Printed Name and Title _________________________________ Company Name _________________________________ Mailing Address _________________________________ Street Address _________________________________ City, State, Zip _________________________________ Telephone Number/Email Address Seal and Authorization (If Corporation) Note: Bid forms may be detached from this bound document. Fill in with ink and submit complete with attached papers. Do not insert additional or conditional statements or deletions to this Proposal. I-16 DATA SHEET AND SUBMITTAL INFORMATION CONTRACTOR (TO BE SUBMITTED WITH BID) CONTRACTOR’S NAME: __________________________________________________________________ ADDRESS:_______________________________________ PHONE NO:____________________________ CONTRACTOR’S RELATED WORK EXPERIENCE (LIST FIVE REFERENCES) CLIENT:_______________________________________________________________________________ ADDRESS:_______________________________________ PHONE NO:____________________________ ENGINEER:______________________________________ PHONE NO:____________________________ DESCRIPTION:_________________________________________________________________________ _____________________________________________________________________________________ COMPLETION DATE:___________________ CONTRACT AMOUNT:_______________________________ CLIENT:_______________________________________________________________________________ ADDRESS:_______________________________________ PHONE NO:____________________________ ENGINEER:______________________________________ PHONE NO:____________________________ DESCRIPTION:_________________________________________________________________________ _____________________________________________________________________________________ COMPLETION DATE:___________________ CONTRACT AMOUNT:_______________________________ CLIENT:_______________________________________________________________________________ ADDRESS:_______________________________________ PHONE NO:____________________________ ENGINEER:______________________________________ PHONE NO:____________________________ DESCRIPTION:_________________________________________________________________________ _____________________________________________________________________________________ COMPLETION DATE:___________________ CONTRACT AMOUNT:_______________________________ I-17 CLIENT:_______________________________________________________________________________ ADDRESS:_______________________________________ PHONE NO:____________________________ ENGINEER:______________________________________ PHONE NO:____________________________ DESCRIPTION:_________________________________________________________________________ _____________________________________________________________________________________ COMPLETION DATE:___________________ CONTRACT AMOUNT:_______________________________ CLIENT:_______________________________________________________________________________ ADDRESS:_______________________________________ PHONE NO:____________________________ ENGINEER:______________________________________ PHONE NO:____________________________ DESCRIPTION:_________________________________________________________________________ _____________________________________________________________________________________ COMPLETION DATE:___________________ CONTRACT AMOUNT:_______________________________ I-18 DATA SHEET AND SUBMITTAL INFORMATION SUBCONTRACTORS (TO BE SUBMITTED BY BIDDERS AFTER BID OPENING) TYPE OF SUBCONTRACTOR: SUBCONTRACTOR’S NAME:____________________________ PHONE NO. ______________ ADDRESS:___________________________________________________________________ TYPE OF SUBCONTRACTOR: SUBCONTRACTOR’S NAME:____________________________ PHONE NO. ______________ ADDRESS:___________________________________________________________________ TYPE OF SUBCONTRACTOR: SUBCONTRACTOR’S NAME:____________________________ PHONE NO. ______________ ADDRESS:___________________________________________________________________ TYPE OF SUBCONTRACTOR: ____________________________________________________ SUBCONTRACTOR’S NAME:____________________________ PHONE NO. ______________ ADDRESS:___________________________________________________________________ TYPE OF SUBCONTRACTOR: ____________________________________________________ SUBCONTRACTOR’S NAME:____________________________ PHONE NO. ______________ ADDRESS:___________________________________________________________________ TYPE OF SUBCONTRACTOR: ____________________________________________________ SUBCONTRACTOR’S NAME:____________________________ PHONE NO. ______________ ADDRESS:___________________________________________________________________ This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-1 of II-18 CONTRACT FOR CONSTRUCTION This Contract is by and between Denton County Levee Improvement District No. 1 (Owner) and (Contractor). Owner and Contractor hereby agree as follows: ARTICLE 1 -THE WORK 1.01 Work A.Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as project start-up, demolition, earthwork, dredging, material disposal and hauling, and erosion control, all as required by the Contract Documents. B.The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Project is generally described as follows: 1.Demolish and dispose of all conflicting structures, appurtenances, and/or vegetation (inclusive of trees) as identified in the plans. 2.Desiltation and grading of old Denton Creek within the limits identified in the plans. 3.Disposal of unsuitable or undesirable material. 4.Vegetation establishment and other erosion control measures. ARTICLE 2 -CONTRACT DOCUMENTS 2.01 Intent of Contract Documents A.It is the intent of the Contract Documents to describe a functionally complete project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Owner and Engineer. This Contract supersedes prior negotiations, representations, and agreements, whether written or oral. The Contract Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents. B.During the performance of the Work and until final payment, Contractor and Owner shall submit all matters in question concerning the requirements of the Contract Documents, or relating to the acceptability of the Work under the Contract Documents to the Engineer. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. C.Engineer will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents. This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-2 of II-18 D.Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the Drawings, Specifications, or other documents (including copies or electronic media editions) prepared by Engineer or its consultants. 2.02 Contract Documents Defined A.The Contract Documents consist of the following documents: 1.This Contract. 2.Invitation for Bids. 3.Instructions to Bidders, including all addenda. 4.Bid Form. 5.Performance bond. 6.Payment bond. 7.Technical Specifications as identified in the Technical Provisions. 8.Drawings as listed on the Drawing Sheet Index. 9.The following which may be delivered or issued on or after the Effective Date of the Contract: a.Notice to Proceed b.Work Change Directives (EJCDC C-940). c.Change Orders (EJCDC C-941). d.Field Orders. ARTICLE 3 -ENGINEER 3.01 Engineer A.The Engineer for this Project is Halff Associates, Inc. ARTICLE 4 -CONTRACT TIMES 4.01 Contract Times A.The Work shall be substantially completed within 245 calendar days after the Effective Date of the Contract and completed and ready for final payment within 275 calendar days after the Effective Date of the Contract. 4.02 Liquidated Damages A.Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages for delay would be difficult and costly to determine, Owner and Contractor agree that as liquidated damages and economic disincentive for delay (but not as a penalty) Contractor shall pay Owner $1,500 for each day that expires after the Contract Time for substantial completion. Owner shall have the option to deduct and withhold said amounts from any monies that the Owner owes This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-3 of II-18 Contractor or to recover said amount from the Contractor or the sureties on the Contractor’s bond. 4.03 Delays in Contractor’s Progress A.If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B.Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or their subcontractors or suppliers. C.If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. D.Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor’s subcontractors or suppliers. 4.04 Progress Schedules A.Contractor shall develop a progress schedule and submit to the Engineer for review and comment before starting Work on the Site. The Contractor shall modify the schedule in accordance with the comments provided by the Engineer. B.The Contractor shall update and submit the progress schedule to the Engineer each month. The Owner may withhold payment if the Contractor fails to submit the schedule. ARTICLE 5 -CONTRACT PRICE 5.01 Payment A.Owner shall pay Contractor in accordance with the Contract Documents per the completed Bid Form provided in the Section Bid Proposal. Payment will be made in an amount equal to the total of all extended prices for Work completed. The extended price is determined by multiplying the unit price times the plan quantity of that Work item completed. Unless noted otherwise all bid items shall be paid on plan quantity regardless of the actual installed or removed quantity. ARTICLE 6 -BONDS AND INSURANCE 6.01 Bonds A.Contractor shall obtain Payment and Performance Bonds in the amount of 100% of the contract amount and in accordance with the requirements of Exhibit A to this contract. This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-4 of II-18 6.02 Insurance A.Contractor shall maintain, in amounts satisfactory to, and with companies approved by Owner, such insurance as is specified at Exhibit B hereto and as necessary to protect Contractor and Owner from claims under workers' compensation acts, and from any other claims for damages, or for personal injury including death, which may arise from operations under this Contract, whether such operations be by Contractor, or any Contractor, or anyone directly or indirectly employed by either. No officer, employee or agent of Owner is authorized, under any condition, to waive this requirement. Contractor shall provide Owner with a Certificate of Insurance, and copies of the actual endorsements naming additional insureds and providing the waivers of subrogation as evidence of his compliance with this provision, prior to commencing the Work, and as a condition precedent to payment for services covered by the Contract, and Owner shall be named as an additional insured on any and all such policies of insurance and a waiver of subrogation shall be issued in its favor. ARTICLE 7 -CONTRACTOR’S RESPONSIBILITIES 7.01 Supervision and Superintendence A.Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, safety, and procedures of construction. B.Contractor shall assign a competent resident superintendent who is to be present at all times during the execution of the Work. This resident superintendent shall not be replaced without written notice to and approval by the Owner and Engineer except under extraordinary circumstances. C.Contractor shall at all times maintain good discipline and order at the Site. D.Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. 7.02 Other Work at the Site A.In addition to and apart from the Work of the Contractor, other work may occur at or adjacent to the Site. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 7.03 Services, Materials, and Equipment A.Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the completion of the Work, whether or not such items are specifically called for in the Contract Documents. B.All materials and equipment incorporated into the Work shall be new, of good quality and shall be stored, applied, installed, connected, erected, protected, used, cleaned, and This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-5 of II-18 conditioned in accordance with instructions of the applicable supplier, except as otherwise may be provided in the Contract Documents. 7.04 Subcontractors and Suppliers A.Contractor may retain subcontractors and suppliers for the performance of parts of the Work. Such subcontractors and suppliers must be acceptable to Owner and are subject to the same contract terms as the contractor. 7.05 Quality Management A.Contractor is fully responsible for the managing quality to ensure Work is completed in accordance with the Contract Documents. 7.06 Licenses, Fees and Permits A.Contractor shall pay all license fees and royalties and assume all costs incident to performing the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. B.Contractor shall obtain and pay for all construction permits and licenses unless otherwise provided in the Contract Documents. 7.07 Laws and Regulations; Taxes A.Contractor shall give all notices required by and to the extent allowed by law SHALL COMPLY WITH ALL LOCAL, STATE, AND FEDERAL LAWS AND REGULATIONS APPLICABLE TO THE PERFORMANCE OF THE WORK. EXCEPT WHERE OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAWS AND REGULATIONS, NEITHER OWNER NOR ENGINEER SHALL BE RESPONSIBLE FOR MONITORING CONTRACTOR’S COMPLIANCE WITH ANY LAWS OR REGULATIONS. B.Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages if Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations. C.Contractor shall pay all applicable sales, consumer, use, and other similar taxes Contractor is required to pay in accordance with Laws and Regulations. The Owner shall pay no Texas sales, use, consumer, or similar taxes as a result of being a tax exempt organization, for incorporated materials used for the Work of otherwise due in connection with the Contract Documents. 7.08 Record Documents A.Contractor shall maintain one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved shop drawings in a safe place at the Site. Contractor shall annotate them to show changes made during construction. Contractor shall deliver these record documents to Engineer upon completion of the Work. This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-6 of II-18 7.09 Safety and Protection A.Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work including securing the project site and other ancillary areas utilized by the contractor. B.Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1.All persons on the Site or who may be affected by the Work; 2.All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3.Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction. C.All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, or anyone for whose acts the Contractor may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Contract Documents or to the acts or omissions of Owner or Engineer and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor). D.Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. E.In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor shall act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.10 Shop Drawings, Samples, and Other Submittals A.Contractor shall review and coordinate the shop drawing and samples with the requirements of the Work and the Contract Documents per Technical Specifications Item 105.3 and shall verify all related field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information. B.Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal. C.With each submittal, Contractor shall give Engineer specific written notice, in a communication separate from the submittal, of any variations that the shop drawing or sample may have from the requirements of the Contract Documents. D.Engineer will provide timely review of shop drawings and samples. This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-7 of II-18 E.Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs. F.Engineer’s review and approval of a separate item does not indicate approval of the assembly in which the item functions. G.Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of shop drawings and submit, as required, new samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. H.Shop drawings are not Contract Documents. 7.11 Warranties and Guarantees A.Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee. 7.12 Correction Period A.If within one year after the date of substantial completion, any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly and without cost to Owner, correct such defective Work. 7.13 Indemnification A.TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH CLAIM, COST, LOSS, OR DAMAGE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH, OR TO INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE RESULTING THEREFROM BUT ONLY TO THE EXTENT CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF CONTRACTOR, ANY SUBCONTRACTOR, ANY SUPPLIER, OR ANY INDIVIDUAL OR ENTITY DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM ANY OF THE WORK OR ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE. TO THE EXTENT THIS INDEMNITY IS LIMITED BY TEXAS INSURANCE CODE SECTION 151.102, THEN THE LIMITATIONS OF STATUE SHALL BE INCORPORATED HEREIN SO THAT THIS INDEMNITY PROVIDES THE MAXIMUM PERMISSIBLE INDEMNITY UNDER 151.102. This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-8 of II-18 ARTICLE 8 -OWNER’S RESPONSIBILITIES 8.01 Owner’s Responsibilities A.Except as otherwise provided in the Contract Documents, Owner shall issue all communications to Contractor through Engineer. B.Owner shall make payments to Contractor as provided in this Contract. C.Owner shall provide Site and easements required to construct the Project. D.If Owner intends to contract with others for the performance of other work at or adjacent to the Site, unless stated elsewhere in the Contract Documents, Owner shall have sole authority and responsibility for such coordination. E.The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. F.While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. G.Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 9 -ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Engineer’s Status A.Engineer will be Owner’s representative during construction. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in this Contract. B.Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any subcontractor, any supplier, any other individual or entity, or to any surety for or employee or agent of any of them. C.Engineer will make visits to the Site at intervals appropriate to the various stages of construction. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. D.Engineer has the authority to reject Work if Contractor fails to perform Work in accordance with the Contract Documents. E.Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work. F.Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs, or for any failure of Contractor to comply with Laws and This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-9 of II-18 Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. ARTICLE 10 -CHANGES IN THE WORK 10.01 Authority to Change the Work A.Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. 10.02 Change Orders A.Owner and Contractor shall execute appropriate Change Orders covering: 1.Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2.Changes in the Work which are: (a) ordered by Owner or (b) agreed to by the parties or (c) resulting from the Engineer’s decision, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 3.Changes in the Contract Price or Contract Times or other changes which embody the substance of any final binding results under Article 12. B.If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 11 -DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS 11.01 Differing Conditions Process A.If Contractor believes that any subsurface or physical condition including but not limited to utilities or other underground facilities that are uncovered or revealed at the Site either differs materially from that shown or indicated in the Contract Documents or is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B.After receipt of written notice, Engineer will promptly: 1.Review the subsurface or physical condition in question; This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-10 of II-18 2.Determine necessity for Owner obtaining additional exploration or tests with respect to the condition; 3.Determine whether the condition falls within the differing site condition as stated herein; 4.Obtain any pertinent cost or schedule information from Contractor; 5.Prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and 6.Advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C.After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. ARTICLE 12 -CLAIMS AND DISPUTE RESOLUTION 12.01 Claims Process A.The party submitting a claim shall deliver it directly to the other party to the Contract and the Engineer promptly (but in no event later than 10 days) after the start of the event giving rise thereto. B.The party receiving a claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the claim through the exchange of information and direct negotiations. All actions taken on a claim shall be stated in writing and submitted to the other party. C.If efforts to resolve a claim are not successful, the party receiving the claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the claim within 45 days, the claim is deemed denied. D.If the dispute is not resolved to the satisfaction of the parties, Owner or Contractor shall give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction located in Dallas County, Texas, unless the Owner and Contractor both agree to an alternative dispute resolution process. ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK 13.01 Tests and Inspections A.Owner and Engineer will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Testing laboratory shall be retained by the Owner. Contractor shall provide them proper and safe conditions for such access. B.Contractor shall give Engineer timely notice of readiness of the Work for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-11 of II-18 C.If any Work that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense. 13.02 Defective Work A.Contractor shall ensure that the Work is not defective. B.Engineer has the authority to determine whether Work is defective, and to reject defective Work. C.Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D.The Contractor shall promptly correct all such defective Work. E.When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F.If the Work is defective or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. ARTICLE 14 -PAYMENTS TO CONTRACTOR 14.01 Progress Payments A.The Contractor shall prepare a schedule of values that will serve as the basis for progress payments. The schedule of values will be in a form of application for payment acceptable to Engineer. The unit price breakdown submitted with the bid will be used for unit price work. Break lump sum items into units that will allow for measurement of Work in progress. 14.02 Applications for Payments: A.Contractor shall submit an application for payment in a form acceptable to the Engineer, no more frequently than monthly, to Engineer. Applications for payment will be prepared and signed by Contractor. Contractor shall provide supporting documentation required by the Contract Documents. Payment will be paid for Work completed as of the date of the application for payment. B.Beginning with the second application for payment, each application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior applications for payment. 14.03 Retainage A.The Owner shall retain 10 % of each progress payment until the Work is substantially complete.Notwithstanding the foregoing, if 50 percent or more of the Work has been completed, as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage. This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-12 of II-18 14.04 Review of Applications A.Within 10 days after receipt of each application for payment, the Engineer will either indicate in writing a recommendation for payment and present the application for payment to Owner or return the application for payment to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. The Contractor will make the necessary corrections and resubmit the application for payment. B.Engineer will recommend reductions in payment (set-offs) which, in the opinion of the Engineer, are necessary to protect Owner from loss because the Work is defective and requires correction or replacement. C.The Owner is entitled to impose set-offs against payment based on any claims that have been made against Owner on account of Contractor’s conduct in the performance of the Work, incurred costs, losses, or damages on account of Contractor’s conduct in the performance of the Work, or liquidated damages that have accrued as a result of Contractor’s failure to complete the Work. 14.05 Contractor’s Warranty of Title A.Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. B.TITLE TO ALL COMPLETED OR PARTIALLY COMPLETED WORK AT THE JOBSITE AND TO ALL MATERIALS DELIVERED TO AND STORED AT SAID JOBSITE WHICH ARE INTENDED TO BECOME PART OF THE COMPLETED WORK SHALL BE IN OWNER’S NAME, BUT CONTRACTOR SHALL BEAR ALL RISK OF LOSS RELATING TO SAID WORK AND MATERIALS UNTIL OWNER ACCEPTS THE WORK. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR LIENS OF SUPPLIERS OR OTHERS FURNISHING MATERIALS OR LABOR FOR THE WORK. 14.06 Substantial Completion A.The Contractor shall notify Owner and Engineer in writing that the Work is substantially complete and request the Engineer issue a certificate of substantial completion when Contractor considers the Work ready for its intended use. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B.Engineer will make an inspection of the Work with the Owner and Contractor to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor and Owner in writing giving the reasons therefor. C.If Engineer considers the Work substantially complete or upon resolution of all reasons for non-issuance of a certificate identified in 14.06.B, Engineer will deliver to Owner a certificate of substantial completion which shall fix the date of substantial completion and include a punch list of items to be completed or corrected before final payment. 14.07 Final Inspection A.Upon written notice from Contractor that the entire Work is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-13 of II-18 writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.08 Final Payment A.Contractor may make application for final payment after Contractor has satisfactorily completed all Work defined in the Contract, including providing all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents and other documents. B.The final application for payment shall be accompanied (except as previously delivered) by: 1.All documentation called for in the Contract Documents; 2.Consent of the surety to final payment; 3.Satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any liens or other title defects, or will so pass upon final payment; 4.A list of all disputes that Contractor believes are unsettled; and 5.Complete and legally effective releases or waivers (satisfactory to Owner) of all lien rights arising out of the Work, and of liens filed in connection with the Work. C.The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment. 14.09 Waiver of Claims A.The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. B.The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A.At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 60 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. 15.02 Owner May Terminate for Cause A.Contractor’s failure to perform the Work in accordance with the Contract Documents or other failure to comply with a material term of the Contract Documents will constitute a default by Contractor and justify termination for cause. This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-14 of II-18 B.If Contractor defaults in its obligations, then after giving Contractor and any surety ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 1.Declare Contractor to be in default, and give Contractor and any surety notice that the Contract is terminated; and 2.Enforce the rights available to Owner under any applicable performance bond. C.Owner may not proceed with termination of the Contract under Paragraph 15.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. D.Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. E.In the case of a termination for cause, if the cost to complete the Work, including related claims, costs, losses, and damages, exceeds the unpaid contract balance, Contractor shall pay the difference to Owner. 15.03 Owner May Terminate for Convenience A.Upon seven days written notice to Contractor, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for, without duplication of any items: 1.Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2.Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3.Other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B.Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A.If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner, and provided Owner does not remedy such suspension or failure within that time, either stop the Work until payment is received, or terminate the Contract and recover payment from the Owner. This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-15 of II-18 ARTICLE 16 -CONTRACTOR’S REPRESENTATIONS 16.01 Contractor Representations A.Contractor makes the following representations when entering into this Contract: 1.Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. 2.Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. 4.Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site- related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on: a.The cost, progress, and performance of the Work; b.The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and c.Contractor’s safety precautions and programs. 5.Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 6.Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 7.Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 8.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9.Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that, without exception, all prices in the Contract are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 17 -MISCELLANEOUS 17.01 Cumulative Remedies A.The duties and obligations imposed by this Contract and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-16 of II-18 imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.02 Limitation of Damages A.Neither Owner, Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 17.03 No Waiver A.A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 17.04 Survival of Obligations A.All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Contractor’s Certifications A.Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. B.As required by Chapter 2271, Texas Government Code, Contractor hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Contract. For purposes of this provision, the term “boycott Israel” shall have the meaning assigned to such term in Section 808.001 of the Texas Government Code. The term “Contractor” as used in this provision has the same meaning as the term “company” as set forth in Section 808.001(2) of the Texas Government Code, as such section is modified by Section 2271.001(2) of the Texas Government Code. C.Contractor further represents and warrants, for the purposes of Subchapter F of Chapter 2252 of the Texas Government Code, that at the time of execution and delivery of this Contract, that Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization (as defined by Section 2252.151(2), Texas Government Code), and (ii) is not a company listed by the Texas Comptroller under Sections 2270.0201 or 2252.153 of the Texas Government Code. The term “Contractor” as used in this paragraph has the same meaning as the term “company” as set forth in Section 2270.0001(2) of the Texas Government Code. D.Contractor further represents and warrants, for the purposes of Chapter 2274, Texas Government Code, Contractor does not and will not, through the term of this Contract, boycott energy companies (as defined by Section 2274.001, Texas Government Code). For purposes of this provision, “Contractor” has the same meaning as the term “company” as set forth in Section 2274.001, Texas Government Code. E.Contractor further represents and warrants, for the purposes of Chapter 2274, Texas Government Code, that at the time of execution and delivery of this Contract, Contractor This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-17 of II-18 does not have a practice, policy, guideline, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Contract. The term “discriminate against a firearm entity or firearm trade association” as used in this provision has the meaning assigned to such term in Section 2274.001 of the Texas Government Code. The term “Contractor” as used in this paragraph has the same meaning as the term “company” as set forth in Section 2274.001, Texas Government Code. 17.06 Controlling Law A.This Contract is to be governed by the law of the state in which the Project is located and in accordance with the terms and conditions established in Section 12.01(D). This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page II-18 of II-18 IN WITNESS WHEREOF, Owner and Contractor have signed this Contract. This Contract will be effective on __________ (which is the Effective Date of the Contract). OWNER: CONTRACTOR: Denton County Levee Improvement District No.1 By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: Denton County Levee Improvement District No. 1 c/o Julianne Kugle, District Representative 1980 Post Oak Boulevard, Suite 1380 Houston, Texas 77056 c/o Parker C. Moore, Halff Associates, Inc. License No.: 3803 Parkwood Blvd, Ste 800, Frisco, Tx 75034 (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Contract.) II-19 NOTICE TO PROCEED TO: Company Name TBD Company Address TBD Company City, Texas XXXXX DATE:August 19, 2024 PROJECT: DCLID-1 Denton Creek Dredging COMPANY NAME TBD is hereby notified to commence work in accordance with the Contract effective on August 19, 2024, and you are to complete the WORK within 245 days. The date of completion of all WORK is therefore April 21, 2025. DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1 BY: ___________________________________________ Title: __________________________________________ ACCEPTANCE OF NOTICE: Receipt of the above NOTICE TO PROCEED is hereby acknowledged. BY: ___________________________________________ This the _______ day of _________________, 2024 BY: ___________________________________________ Title: __________________________________________ II-20 This Page Intentionally Left Blank II-21 EXHIBIT A SURETY AND BOND REQUIREMENTS Unless otherwise specified, it is further agreed by the parties that the CONTRACTOR will execute a payment bond in the sum of one hundred (100%) percent of the total contract price, on forms acceptable by the OWNER for this purpose, guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Work, and it is agreed that the Contract Documents shall not be effective against OWNER until said payment bond and performance bond are furnished and approved by the OWNER. The bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by laws or regulations or the Contract Documents. The surety company issuing Payment Bond and Performance Bond must: (a) be authorized to do business in the State of Texas as evidenced by licensing through the State Board of Insurance; (b) be authorized to issue Payment and Performance Bonds in the amount required for the contract as indicated by the records of the State Board of Insurance; (c) for bonds over $100,000, hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law ("Certificate of Authority") or have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in Texas and holds a Certificate of Authority; and (d) have a rating of at least "B+" in the current Best's Key Rating Guide and a financial size category of "XIII" or better. The person executing a Payment and Performance Bond must be licensed as a Texas Local Recording Agent through the State Board of Insurance as required by the laws of the State of Texas and such licensing must be recorded in the files of the State Board of Insurance. The person executing the Payment and Performance Bonds must hold an appointment from the surety company to execute Payment and Performance Bonds and bind such surety, and such appointment must be recorded in the office of the State Board of Insurance. Unless otherwise specified, the cost of the premium for the performance, payment and maintenance bonds shall be included in the CONTRACTOR's proposal. In the event the rating of the surety company issuing any bond required under the Contract Documents falls below that specified or OWNER otherwise reasonably objects to the surety, CONTRACTOR shall immediately replace said bond issued by a surety that meets or exceeds such rating requirements, at no additional cost to OWNER. II-22 This Page Intentionally Left Blank II-23 EXHIBIT B INSURANCE REQUIREMENTS B.1 GENERAL INSURANCE REQUIREMENTS B.1.1 Additional Insured. Owner shall be added as an Additional Insured on General, Auto, and all other liability policies carried and maintained by Contractor excepting Workers’ Compensation. B.1.2 Primary Liability. All liability policies carried and maintained by Contractor must be endorsed to be primary to any liability insurance policies carried by Owner with respect to Contractor’s operations hereunder. B.1.3 Waivers of Subrogation. Waivers of Subrogation shall be provided in favor of Owner on General, Auto Liability, Workers’ Compensation, and all other liability policies carried and maintained by Contractor. B.1.4 None of the requirements contained herein as to types, limits or Owner’s approval of insurance coverage to be maintained by Contractor are intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Contractor under this Contract or otherwise provided by law. B.1.5 Occurrence Basis. All such policies shall be written on an Occurrence (not Claims Made) basis and shall provide per project aggregates B.1.6 Rating and Form. Contractor’s insurance coverage must be written with insurance companies licensed to do business in the State of Texas, rated no less than A:VII as shown in the most current issue of A. M. Best’s Key Rating Guide, and under forms of policies satisfactory to Owner. B.1.7 In the event of any failure by Contractor to comply with these provisions, Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to Contractor, purchase such insurance, at Contractor’s expense, provided that Owner shall have no obligation to do so and if Owner shall do so, Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. B.1.8 Deductible: Contractor shall be responsible for all deductibles specified in any policy of insurance provided hereunder. B.1.9 Exhibit B Riders: Accuracy of Information. Contractor warrants the accuracy of all information shown on each certificate furnished to Owner by Contractor or on Contractor’s behalf by Contractor’s broker or other representative. Subcontractors. Contractor shall require all subcontractors who will perform any II-24 of the Project to obtain the same insurance and limits of liability as required by this Exhibit B below. Contractor shall also require all such subcontractors to cause their insurers to waive subrogation to the same extent as required of Contractor’s insurers by Paragraph B.1.3. Contractor shall obtain Certificates of Insurance from its subcontractors before they begin any of the Project and, upon request, shall provide copies thereof to Owner. Notice of Impairment of Limits. Contractor shall give written notice to Owner no later than seven (7) days after the date on which an impairment of a required aggregate limit, due to the payment of a claim or defense expense, reduces the available aggregate limit to an amount 50% or less than the aggregate limit required above. If Contractor’s available excess insurance will not drop down and comply with these insurance requirements, Owner may require reinstatement of an impaired aggregate limit up to the amount required. Contractor’s Compliance with Policy Conditions. Contractor shall comply with and not violate, or knowingly permit to be violated, any condition of the insurance policies required above. Contractor agrees to give its insurers timely written notice of all occurrences, accidents or claims arising out of the Project, with a copy to Owner. Non-Waiver – No Limitation of Owner’s Rights. Contractor unilaterally agrees to comply with the provisions of this Section. Accordingly, Owner’s knowledge concerning deficiencies in Contractor’s insurance, including non-compliance with this Section shown by any insurance certificate or other information furnished to Owner, shall not affect Owner’s rights and shall not result in a waiver or otherwise limit or impair Owner’s remedies for Contractor’s failure to comply with the requirements of this Section. No Impairment or Waiver of Rights. Nothing contained in this Section shall restrict, limit, impair or waive Owner’s rights or Contractor’s duties under the other terms of this Contract or under applicable law. The cancellation, expiration, or exhaustion of any of the insurance required above shall not preclude Owner from recovery against Contractor for any liability arising under this Contract or under law. Automatic Reformation to Conform to Law. The parties intend this Contract to comply with Texas law. Accordingly, the parties agree that any legal limitations now or hereafter in effect and affecting the validity or enforceability of any provision of this Contract are made a part hereof and shall operate to amend this Contract to the minimum extent necessary to bring all provisions into conformity with the requirements of such limitations and, as so modified, this Contract shall continue in full force and effect. B.2 EVIDENCE OF INSURANCE Evidence of the insurance coverage required shall be maintained by the Contractor, represented by Certificates of Insurance issued by the insurance carrier or its legal agent and actual copies of all endorsements, and must be furnished to the Owner prior to II-25 Contractor commencing the Work and not later than fifteen (15) days after receipt of this Contract. New Certificates of Insurance shall be provided to Owner prior to the current certificate(s) coverage termination date if prior to completion of the Work. Lapsed coverage of insurance required by this Contract is an Act of Default under the Contract. Certificates of Insurance shall specify the following: B.2.1 Owner as a Certificate Holder with correct mailing address; B.2.2 Insured’s name, which must match that on the Contract; B.2.3 Companies affording each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company; B.2.4 Producer of the Certificate with correct address, phone, and fax listed; B.2.5 Certificate Holder has been named as an Additional Insured with respect to the Commercial General, Auto Liability, and all other liability policies described herein; B.2.6 The Commercial General and Auto Liability policies described are primary respect to the Additional Insured; B.2.7 Waivers of Subrogation in favor of Certificate Holder on Commercial General, Auto Liability, and Workers’ Compensation policies; B.2.8 The Commercial General and Auto Liability policies described provide the severability of interest (gross liability) provision applicable to the named Insured and the Certificate Holder; B.2.9 All Workers’ Compensation classifications will be listed on Contractor’s policy; and B.2.10 The Owner will be notified in writing (30) days prior to the cancellation of or reduction in coverage, or intent not to renew coverage, and elimination of “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” from the cancellation provision. B.2.11 In the event Contractor utilizes leased employees, Contractor’s certificate of insurance shall note the leasing company as providing workers compensation insurance. In addition, leasing company shall provide a certificate of insurance showing Contractor as alternate employer under alternate employer endorsement and listing coverage and limits for workers compensation insurance complying with the requirements stated herein. II-26 B.3 ADDITIONAL WORKERS’ COMPENSATION INSURANCE REQUIREMENTS: B.3.1 Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers’ compensation insurance policy: either directly through their employer’s policy (the Contractor’s, or subcontractor’s policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. B.3.2 The worker’s compensation insurance shall include the following terms: (i)Employer's Liability limits of $1,000,000.00 for each accident is required. (ii) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. (iii) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. B.3.3 Pursuant to the explicit terms of Title 28, Section 110.110(c)(7) of the Texas Administrative Code, this Agreement, the bid specifications, and all subcontracts on this Project must include the terms and conditions set forth below, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in § 406.096 [of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person 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 which furnishes persons to II-27 provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the II-28 duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity. II-29 REQUIRED INSURANCE CONTRACTOR'S LIABILITY INSURANCE (Minimum Limits) TYPE OF INSURANCE LIMITS WORKERS’ COMPENSATION/EMPLOYER’S LIABILITY A.Workers’ Compensation $1,000,000 B.Employer’s Liability Each Accident $1,000,000 Disease - Policy Limit $1,000,000 Disease - Each Employee $1,000,000 COMMERCIAL GENERAL LIABILITY Including: Aggregate Limits Per Project Broad Form Property Damage Contractor’s Protective Contractual Liability Explosion, Collapse, and Underground Hazard Fire Damage Medical Expense Personal & Advertising Injury Products/Completed Operations Aggregate1 Required Minimum Limits are: General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 Medical Expense $ 50,000 AUTOMOBILE LIABILITY Including: Combined Single Limit $1,000,000 Owned Hired Non-Owned UMBRELLA LIABILITY Combined Single Limit $2,000,000 1 Products and Completed Operations coverage for a minimum of two years after final payment II-30 PROFESSIONAL LIABILITY2 (If Design Work is Performed) Required Minimum Limits Are: Per Occurrence $1,000,000 Aggregate $2,000,000 Maximum Deductible $25,000 Title.TITLE TO ALL COMPLETED OR PARTIALLY COMPLETED WORK AT THE JOBSITE AND TO ALL MATERIALS DELIVERED TO AND STORED AT SAID JOBSITE WHICH ARE INTENDED TO BECOME PART OF THE COMPLETED WORK SHALL BE IN OWNER’S NAME, BUT CONTRACTOR SHALL BEAR ALL RISK OF LOSS RELATING TO SAID WORK AND MATERIALS UNTIL OWNER ACCEPTS THE WORK. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR LIENS OF SUPPLIERS OR OTHERS FURNISHING MATERIALS OR LABOR FOR THE WORK. 2 Coverage must be maintained for two years after the expiration of the term or termination of this Contract. EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-31 EMPLOYMENT REQUIREMENTS AND WAGE RATES 1.0 GENERAL A. This Contract shall be based upon payment by the Contractor and his subcontractors of wage rates not less than the general prevailing rate of per diem wages for Work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. B. The Contractor shall comply with the requirements of the prevailing wage law of the State of Texas, Texas Revised Civil Statutes, Article 519a, including the latest amendments thereto. C. The prevailing wage law does not prohibit payment of more than the general prevailing rate of wages. 2.0 RECORDS A. The Contractor and each subcontractor shall keep an accurate record showing the names and occupations of all laborers, workman, and mechanics employed, together with the actual wages paid to each worker. At all reasonable hours, such records shall be open to inspection by a representative of the Owner. 3.0 PENALTY A. In case the Contractor or any subcontractor fails to comply with the prevailing wage law, by statutory authority the Contractor shall forfeit to the Owner $10.00 per day for each labor, workman, or mechanic who is paid less than the specified rate. 4.0 HOURS OF LABOR A. The Contractor shall comply with all requirements of the hours of work on public works law of the State of Texas, Texas Revised Civil Statutes, Articles 5165.1 or 5165.3, including the latest amendments thereto. 5.0 VETERANS PREFERENCE A. Pursuant to Texas Revised Civil Statutes, Article 4413(31), the Contractor shall give preference in employment to honorably discharged veterans who were engaged in the services of the United States in time of war or conflict and who are and have been citizens of Texas for not less than five years. 6.0 WAGE DETERMINATION A. The following prevailing wage rate determination is applicable to this contract. The minimum wage rates are not set by the Denton County Levee Improvement District No. 1 but were obtained from https://wdolhome.sam.gov/ . Weekly payroll submittal by the general contractor along with all subcontractors will not be required unless there is a specification section contained within these contract EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-32 documents entitled Texas Water Development Board (TWDB) Supplemental Contract Conditions (subsection, Prevailing Wage Rates). B. Contractor shall comply with all state and federal laws applicable to such Work. These are minimum rates. Bidders shall base their bids on rates they expect to pay, if in excess of those listed. The Owner will not consider claims for extra payment to Contractor on account of payment of wages higher than those specified. EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-33 WAGE DETERMINATIONS FOR THIS PROJECT SHOWN ON FOLLOWING PAGES EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-34 "General Decision Number: TX20210270 03/12/2021 Superseded General Decision Number: TX20200270 State: Texas Construction Type: Building County: Tarrant County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 1 03/12/2021 * ASBE0021-011 08/01/2017 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Duct, Pipe and Mechanical System Insulation)....$ 25.87 7.23 ---------------------------------------------------------------- BOIL0074-003 01/01/2017 Rates Fringes EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-35 BOILERMAKER......................$ 28.00 22.35 ---------------------------------------------------------------- CARP1421-002 04/01/2016 Rates Fringes MILLWRIGHT.......................$ 26.60 8.65 ---------------------------------------------------------------- * ELEV0021-006 01/01/2021 Rates Fringes ELEVATOR MECHANIC................$ 44.02 36.365 FOOTNOTES: A. 6% under 5 years based on regular hourly rate for all hours worked. 8% over 5 years based on regular hourly rate for all hours worked. B. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Veterans Day. ---------------------------------------------------------------- ENGI0178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane.............$ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under..............$ 32.35 13.10 ---------------------------------------------------------------- IRON0263-005 06/01/2017 Rates Fringes IRONWORKER (ORNAMENTAL AND STRUCTURAL)......................$ 23.25 7.32 ---------------------------------------------------------------- PAIN0053-004 04/01/2014 Rates Fringes PAINTER (Brush, Roller, and Spray (Excludes Drywall Finishing/Taping))...............$ 16.40 5.45 ---------------------------------------------------------------- PLUM0146-003 11/01/2020 EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-36 Rates Fringes PIPEFITTER (Excludes HVAC Pipe Installation)...............$ 32.93 9.70 ---------------------------------------------------------------- SUTX2014-048 07/21/2014 Rates Fringes BRICKLAYER.......................$ 20.66 0.00 CARPENTER, Excludes Drywall Hanging, Form Work, and Metal Stud Installation................$ 15.47 1.82 CEMENT MASON/CONCRETE FINISHER...$ 13.44 0.00 DRYWALL FINISHER/TAPER...........$ 16.24 3.94 DRYWALL HANGER AND METAL STUD INSTALLER........................$ 16.20 3.40 ELECTRICIAN (Alarm Installation Only)...............$ 18.00 0.38 ELECTRICIAN (Low Voltage Wiring Only).....................$ 14.88 2.15 ELECTRICIAN (Sound and Communication Systems Only)......$ 17.79 2.41 ELECTRICIAN, Excludes Low Voltage Wiring and Installation of Alarms/Sound and Communication Systems........$ 20.59 3.98 FORM WORKER......................$ 12.35 0.00 GLAZIER..........................$ 16.61 2.96 HVAC MECHANIC (HVAC Unit Installation Only)...............$ 22.39 7.10 INSTALLER - SIDING (METAL/ALUMINUM/VINYL)...........$ 15.77 0.00 IRONWORKER, REINFORCING..........$ 12.19 0.00 LABORER: Common or General......$ 11.30 0.00 LABORER: Mason Tender - Brick...$ 10.50 0.00 LABORER: Mason Tender - EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-37 Cement/Concrete..................$ 10.81 0.00 LABORER: Pipelayer..............$ 13.00 0.35 LABORER: Roof Tearoff...........$ 11.28 0.00 LABORER: Landscape and Irrigation.......................$ 10.00 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 13.09 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 0.00 OPERATOR: Bulldozer.............$ 18.29 1.31 OPERATOR: Drill.................$ 17.60 0.50 OPERATOR: Forklift..............$ 14.20 0.00 OPERATOR: Grader/Blade..........$ 12.95 0.00 OPERATOR: Loader................$ 12.89 1.19 OPERATOR: Mechanic..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 18.44 0.00 OPERATOR: Roller................$ 15.04 0.00 PIPEFITTER (HVAC Pipe Installation Only)...............$ 21.28 4.45 PLASTERER........................$ 15.30 0.00 PLUMBER, Excludes HVAC Pipe Installation.....................$ 22.10 4.17 ROOFER...........................$ 15.70 0.58 SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 21.54 5.59 SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 18.63 0.65 SPRINKLER FITTER (Fire Sprinklers)......................$ 19.27 3.68 TILE FINISHER....................$ 11.22 0.00 TILE SETTER......................$ 12.00 0.00 EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-38 TRUCK DRIVER: Dump Truck........$ 12.39 1.18 TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck............................$ 12.50 0.00 TRUCK DRIVER: Water Truck.......$ 12.00 4.11 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-39 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-40 ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-41 U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION" EXHIBIT C EMPLOYMENT REQUIREMENTS AND WAGE RATES II-42 END OF SECTION Technical Specifications III-1 ENGINEERS TECHNICAL SPECIFICATIONS AND BID ITEM DESCRIPTIONS BID ITEM NO. I-1 Care of Water A. This item includes all labor, equipment, permits, fees and materials necessary for the initial and on-going dewatering, both surface and sub-surface, required for the construction of the project. B. The Contractor shall be responsible for contracting with a biologist or fishery capable of preparing of an Aquatic Resources Relocation Plan (ARRP) for submission to the Texas Parks and Wildlife Department (TPWD) and the execution of the activities identified in the ARRP prior to the commencement of initial dewatering or diversion activities. The work associated with the AARP includes the preparation of the plan and the execution of the work per the guidance in the packet referenced below. For the purposes of this bid item the Contractor should assume that there will be a relocation of aquatic life required. If a threatened or endangered species is encountered as part of the work execution or determined to likely to be encountered as part of the plan preparation then a change order will be available to conduct the additional work from both a reasonable monetary and time perspective. https://tpwd.texas.gov/publications/pwdpubs/media/pwd_lf_t3200_1958_arrp_guideli nes_packet.pdf The cost for these activities shall be considered incidental to this bid item. C. The Contractor shall be responsible for the initial dewatering and/or diversion of waters as shown on the plans upon the completion of the activities identified in the ARRP and the subsequent management of surface water, both normal and weather related, throughout the completion of the project. D. The cost for the initial installation, maintenance, removal and reinstallation during flood events of all coffer dam systems shall be considered incidental to this bid item. E. The Contractor shall be responsible for the management of groundwater throughout the construction of the project. The Contractor shall familiarize themselves with the information relating to the presence of the groundwater within the project area contained within CMJ Engineering, Inc. Report No. 117-21-306 dated May 20, 2022. F. Measurement for this bid item shall be lump sum. G. Payment for this bid item shall be paid for at the unit price bid for “Care of Water”. BID ITEM NO. I-2 – Mobilization and Project Startup The provisions of TxDOT Item 500 – “Mobilization” shall apply except as modified or clarified below: A. The lump sum price bid shall be full compensation for all costs associated with mobilization and demobilization, complete in place and paid 50% for mobilization and 50% for demobilization. B. Prior to mobilization the contractor shall conduct a geotagged video inspection of the project limits and deliver said video to the District representatives. Video shall endeavor to capture all existing conditions from top of bank to top of bank with special care paid to structural improvements and private property adjacent to the project limits. Technical Specifications III-2 C. As part of the startup and mobilization and prior to any earth disturbing activities the contractor shall engage the services of an environmental testing firm to perform a characterization of the existing sediment to be excavated to determine whether the material is suitable for general disposal or if contaminant levels necessitate disposal at select facilities. Sampling frequency shall be at the discretion of the environmental testing firm but not greater than every 100-feet as measured along the channel baselines. Testing should include at a minimum an analysis of PCBs by EPA Method 8082, chlorinated herbicides by EPA Method 8151A, organochlorine pesticides by EPA Method 8081A, TPH by TX Method 1005, semi-volatile organic compounds (SVOCs) by EPA Method 8270C, volatile organic compounds (VOCs) by EPA Method 8260B, and toxicity characteristic leaching procedure (TCLP) priority pollutant metals by EPA Method 6010B/7471B. The Contractor shall furnish said report to the District. If test’s yield results stating that the materials pass and do not require disposal at special facilities then the material shall be removed, hauled, and disposed of at the price for Bid Items II-4 and II-5. If material’s require special disposal, then the contractor shall notify the District’s representative and upon written approval the material from the failed area(s) shall be hauled and disposed of at the unit price bid for Bid Item AA2- 1 “Environmentally Sensitive Haul and Disposal”. All testing and associated expenses shall be incidental to this bid item and no additional compensation shall be granted for re-testing, more frequent testing than the minimum described above, identification of suitable disposal sites, and/or any other incidental cost’s not planned for by the Contractor during the bidding process. D. By execution of the Construction Agreement the Contractor acknowledges that the work activities take place within a channel setting and therefore is susceptible to fluctuating water levels and flood conditions. The Contractor shall be solely responsible for monitoring weather forecasts and the subsequent removal of equipment and materials from the floodway and floodplain prior to anticipated rainfall events. The cost of this site-specific de- mobilization and re-mobilization shall be considered incidental to this bid item regardless of the number of occurrences or duration, individual and/or cumulative. Additionally, any work that has not been stabilized and accepted by the District which is damaged or destroyed from resulting acts of nature, including floods or other high-water events, shall be repaired or re-constructed at the Contractor’s expense. E. Material testing shall be performed by an independent testing laboratory and paid for by the Contractor. F. Locating and marking all utilities, both franchise and public, in the field prior to the start of construction shall be considered incidental to this bid item. G. Prior to demobilization the contractor shall be responsible for restoring all vegetation and correcting all damages to areas beyond the limits identified in the plans. This cost shall be incidental to this bid item. H. Measurement for this bid item shall be lump sum. I. Payment for this bid item shall be paid for at the unit price bid for “Mobilization and Project Startup”. Technical Specifications III-3 BID ITEMS NO. I-3 – Barricades, Signs, and Traffic Handling The provisions of TxDOT Item 502 – “Barricades, Signs, and Traffic Handling” shall apply except as modified or clarified below: A. By execution of the Construction Agreement the Contractor acknowledges that the proposed haul routes shown in the plans either conflict or intersect with existing vehicular and pedestrian routes. The Contractor shall be responsible for the safe passage of all traffic adjacent to the project areas and that the proper safety protocols are followed where construction traffic leaves the work site and merges with the public facilities. B. In area where pedestrian facilities are adjacent to the proposed work site the Contractor shall be responsible for the installation and maintenance of a temporary construction fence for the duration of the work at a cost incidental to this bid item. C. The Contractor shall upon removal of the MacArthur median conducted under Bid Item II-3 install barricades within the newly formed temporary opening and maintain said barricades at all times of the day when construction traffic or hauling operations are not taking place in the immediate vicinity. The cost for this installation and maintenance shall be considered incidental to this bid item. D. This bid item is intended to cover all pedestrian and vehicular traffic safety signs and measures and no additional compensation shall be considered for any traffic related items. E. Measurement for this bid item shall be per lump sum. F. Payment for this bid item shall be paid for at the unit price bid for “Barricades, Signs, and Traffic Handling”. BID ITEMS NO. I-4 – Storm Water Pollution Prevention Plan The provisions of TxDOT Item 506 – “Temporary Erosion, Sedimentation, and Environmental Controls” apply except as modified or clarified below: A. The Contractor shall be responsible for preparing, implementing, and maintaining a project Storm Water Pollution Prevention Plan (SWPPP) in accordance with the TCEQ Texas Pollutant Discharge Elimination System (TPDES) Permit No. TXR150000. A copy of the SWPPP will be provided to the District and Engineer one (1) week prior to the start of construction. A copy of the SWPPP will be kept on site. The “Construction Site Notice” shall be posted on a sign at the construction site. The construction activities for this project are greater than 5 acres. Therefore, the Contractor shall follow the requirements of Permit (TXR150000) for “Large Construction Activities”. Additional information regarding the TCEQ storm water permit program may be found at the internet at: https://www.tceq.texas.gov/permitting/stormwater/construction/TXR15_5_plus_steps.htm l A Notice of Intent (NOI) and Notice of Termination (NOT) are required. B. This pay item is intended to include all materials, labor, and maintenance necessary to prepare, complete and file with the Texas Commission for Environmental Quality (TCEQ) a Storm Water Pollution Prevention Plan (SWPPP), inspect the project in accordance with the SWPPP and TCEQ General Permit and maintain the SWPPP document and stabilization measures current during the construction until the site is stabilized and the project accepted. Technical Specifications III-4 C. No work shall be allowed to commence until the stormwater pollution prevention plan has been approved by the District. D. Contractor shall conform activities to the SWPPP and to the approved erosion control plan included in the plans, including installing, maintaining inspections of pollution controls, conducting and documenting inspections of pollution controls, sprinkling for dust control, maintaining spill response equipment on-site, and “good housekeeping”. Pollution controls include silt fences (or erosion control mats), stabilized construction entrance, establishing grass, sprinkling for dust control. E. Contractor shall be solely responsible for any and all damage which might be occasioned by the Contractor’s failure to follow the SWPPP and “good housekeeping” practices. F. The quantities and configurations contained within the plans for temporary erosion control devices are a minimum and for Contractor information only. Temporary erosion control devices shown in the plans include but are not limited to: silt fence, rock check dams, and erosion control logs. G. The installation of topsoil, fertilizer, hydro mulch seeding, vegetative watering, soil retention blankets, and other vegetation establishment items shall be considered incidental to this bid item if required by the SWPPP. Permanent vegetation establishment shall be paid for via other bid items within the contract. H. Desiltation/sediment bags are not required by the District unless specified in the Contractor prepared SWPPP. The Contractor shall ensure that stockpiled material and stockpile site is handled in accordance with the SWPPP. I. Measurement for this bid item shall be lump sum. J. Payment for this bid item shall be paid for at the unit price bid for “Storm Water Pollution Prevention Plan”. BID ITEMS NO. II-1 – Preparing ROW The provisions of TxDOT Item 100 - “Preparing Right of Way” shall apply except as modified of clarified below: A. The levee toe shown within the cross sections shall not be disturbed without prior written approval from the District. B. All removed material shall become the property of the Contractor. The Contractor shall be responsible for disposing of said material, off site, in a safe and lawful manner. C. Removal of trees marked for removal six inches or less in caliper diameter, dead or alive, including root balls, shall be considered incidental to this bid item. D. Removal of miscellaneous gravel pavement, concrete, wood, metal, and/or other structures not specifically identified for removal on the demolition plans or scheduled for payment in the proposal shall be considered incidental to this bid item and shall not be a basis for additional payment. Refer to Bid Item AA-4-1 for more information pertaining to consumer trash. E. All culverts and/or storm drain outfalls within the project limits shall be cleaned prior to final project acceptance. The cost for this work shall be considered incidental to this bid item. F. All costs associated with the staging areas shall be considered incidental to this bid item. These costs include but are not limited to the installation and maintenance of screening Technical Specifications III-5 fences, maintenance of areas, and restoration of areas utilizing the applicable vegetation establishment techniques documented in the specifications for Bid Items II-7 and II-8, to pre- construction conditions upon project completion. G. Contractor shall ensure that drainage structures and channels conveying runoff to the channels are maintained and in fully operational condition throughout the course of the project unless scheduled for removal. Under no circumstances shall flow from adjacent properties be impeded or blocked by this work. The cost for maintaining these drainage patterns shall be considered incidental to this bid item. H. The cost for restoring all areas disturbed by the contractor outside of those specifically identified in the plans shall be covered by the contractor at their expense and shall not be a basis for additional compensation. Restoration includes but is not limited to the re- establishment of vegetation in accordance with the techniques documents in the specifications for Bid Items II-7 and II-8 and the repair or replacement of damaged structures. I. Measurement for this bid item shall be per station. J. Payment for this bid item shall be paid for at the unit price bid for “Preparing ROW”. BID ITEMS NO. II-2 – Removing Conc (Sidewalks) The provisions of TxDOT Item 104 – “Removing Concrete” shall apply except as modified or clarified below: A. This item when called for in the plans shall include saw cutting the concrete and disposal of the material regardless of depth at an approved location outside of the project limits. This surplus material shall become property of the Contractor. B. Concrete shall be properly disposed of at an off-site location by the Contractor. The disposal of reinforcing steel shall be considered incidental to the removal of the concrete. C. The Contractor shall submit a Stockpile Plan that designates locations for temporary storage of excavated concrete. This plan is subject to approval of the District and City. If stockpile(s) are located on private property, the Contractor must supply the City with a written letter of permission from the property owner to include the final state of the land to be used. D. Measurement for this bid item shall be per square yard. E. Payment for this bid item shall be paid for at the unit price bid for “Removing Conc (Sidewalks)”. BID ITEMS NO. II-3 – Removing Conc (Medians) The provisions of TxDOT Item 104 – “Removing Concrete” shall apply except as modified or clarified below: A. This item, when called for in the plans, shall include saw cutting the concrete pavement and median as shown on the Access and Staging Plan in the plans and disposal of the material at an approved location outside of the project limits. This surplus material shall become property of the Contractor. B. Prior to removal of the median the contractor shall document the condition, aesthetics, and configuration of the median via photography or video and survey for use in the re- construction of the median once the project is complete. The reconstruction of this median Technical Specifications III-6 shall be covered under Bid Item II-17. C. As part of this bid item the contractor shall provide a temporary pavement surface comprised of asphalt to allow for traffic to pass over the area to be removed during construction. This asphalt patch shall be considered incidental to this bid item. Contractor may utilize submit to the District varying materials for the Engineer’s review however approval is not guaranteed. D. Concrete shall be properly disposed of at an off-site location by the Contractor. The disposal of reinforcing steel shall be considered incidental to the removal of the concrete. E. The Contractor shall submit a Stockpile Plan that designates locations for temporary storage of excavated concrete. This plan is subject to approval of the District and City. If stockpile(s) are located on private property, the Contractor must supply the City with a written letter of permission from the property owner to include the final state of the land to be used. F. Measurement for this bid item shall be per square yard. G. Payment for this bid item shall be paid for at the unit price bid for “Removing Conc (Medians)”. BID ITEMS NO. II-4 – Excavation Channel The provisions of TxDOT Item 110 – “Excavation” shall apply except as modified or clarified below: A. The Contractor shall familiarize themselves with all specifications however special attention shall be paid to Item C under “Bid Item No I-2 – Mobilization and Project Startup” for additional information regarding material testing requirements necessary prior to the commencement of earth disturbing activities. B. No extra payment shall be made for the excavation beyond the lines and grades shown on the plans unless the lines and grades are changed by the Engineer. C. The intent of this project is to shape the channel to the ultimate lines and grades shown in the plans. As part of this bid item the Contractor shall excavate to the limits shown in the plans. D. A final topographic field survey, incidental to the cost of this bid item, shall be conducted by the contractor. E. The grades shown in the plans are finished grades and any hardscape improvements, including but not limited to concrete or rock rip rap shall be required to conform to those grades. This may require over excavation to allow for the thickness of said components and the construction of said hardscape improvements to the finished grades shown in the plans. This cost is considered incidental to this bid item. F. The Contactor shall be satisfied as to the scope and quantity of work relating to earthwork involved prior to submitting the bid. G. Original design and topographic survey conducted in October 2021. Supplemental topographic and tree survey conducted in July 2022. No additional survey outside of the two aforementioned dates was conducted. Contractor shall verify and familiarize themselves with the existing site conditions and proposed scope of work prior to construction, and immediately notify the District of any discrepancy between the existing site conditions and proposed work. Calculation of quantities was made by a tin to tin comparison of the aforementioned topographic surveys and proposed grading improvements with no adjustment factors for shrinkage or swell and shall be considered a plans quantity. Payment Technical Specifications III-7 shall be only for the lines and grades shown on the plans and there will be no pay for any excavation the Contractor conducts outside the lines and grades shown on the plans except as outlined under Item B above. Additional excavation or fill that the Contractor deems necessary to complete the project is subsidiary to the work. H. The Contractor may conduct, as part of the execution of the work, a pre-construction topographic survey prior to the start of the work however said survey shall be factored into the working time. Pre-construction survey must use the same control shown on the plans in order to be considered. In the event that a delta is found between the pre-construction survey, if completed, and the project survey then the additional work will be paid for at the original unit price bid, without consideration for a unit price adjustment, regardless of the percentage increase or decrease. In the event that a pre-construction survey is not conducted then the terms of Section H above shall govern. I. “Excavation Channel” shall be considered unclassified excavation. It shall be understood that boring information and any other information contained in the plans regarding the subsurface conditions are for Contractor information only and all excavation shall be in accordance with the lines, grades, and typical sections as shown on the plans without regard to materials encountered which includes but is not limited to rock, trash, and/or organic and inorganic debris. J. The Contractor shall submit a Stockpile Plan that designates locations for temporary storage of excavated and fill material. This plan is subject to approval of the District and City. If stockpile(s) are located on private property, the Contractor must supply the City with a written letter of permission from the property owner to include the final state of the land to be used. Stockpiles of materials (especially unsuitable siltatious materials) shall be held to a minimum and removed from the site within 2 days unless odor mitigation measures are enacted. K. Any dewatering or ground water management measures, initial or ongoing, necessary for excavation activities to construct the lines and grades shown in the plans shall be considered incidental to the “Care of Water” bid item. L. The Contractor shall familiarize themselves with the information pertaining to earthwork contained within CMJ Engineering, Inc. Report No. 117-21-306 dated May 20, 2022. Earthwork shall be conducted in strict accordance with said earthwork recommendations. M. The Contractor shall abide by all applicable federal, state, and local laws governing excavation. For excavations adjacent to existing buildings or other structures, particular care shall be taken to adequately shore the excavated slope to prevent undermining or settlement beneath or adjacent to the structure. The Contractor shall be responsible for providing the District an acceptable shoring plan signed and sealed by a Professional Engineer qualified to do such work. Cost’s related to shoring design, implementation, maintenance, removal, and other items necessary for a fully functional shoring system are subsidiary to this bid item. N. Measurement for this bid item shall be per cubic yard complete in place. Measurement is based upon the plan’s quantity with material in its original position. O. Payment for this bid item shall be paid for at the unit price bid for “Excavation Channel”. Technical Specifications III-8 BID ITEMS NO. II-5 – Haul and Disposal The provisions of TxDOT Item 110 – “Excavation” shall apply except as modified or clarified below: A. The Contractor shall familiarize themselves with all specifications however special attention shall be paid to Item C under “Bid Item No I-2 – Mobilization and Project Startup” for additional information regarding material testing requirements necessary prior to the commencement of earth disturbing activities. B. No extra payment shall be made for haul beyond the quantities shown in the plans unless the lines and grades are changed by the Engineer. C. The Contactor shall be satisfied as to the scope and quantity of work relating to earthwork and hauling prior to submitting the bid. D. On-site material is not considered suitable for use as fill on this project. All excavated material shall be deemed unsuitable for use as fill and shall be disposed off-site by the Contractor in a legal manner. Identification of a suitable disposal location and the associated hauling, permits, fees, etc. required for the lawful disposal shall be considered incidental to this bid item. E. Contractor shall be responsible for ensuring that haul routes beyond those depicted in the plans are acceptable to the local jurisdictions or entities and that loads are secured according to industry standards or better prior to departing the work site. F. Measurement for this bid item shall be per cubic yard of excavated material per the terms of Bid Item II-4 regardless of the number of trips required. G. Payment for this bid item shall be paid for at the unit price bid for “Haul and Disposal” unless the material meets the requirements of “Environmentally Sensitive Haul and Disposal” as determined by the testing conducted and paid for under Item C of “Bid Item No I-2 – Mobilization and Project Startup”. BID ITEMS NO. II-6 – Embankment (Final) (Dens Cont) (Ty C) The provisions of TxDOT Item 132 - “Embankment” shall apply except as modified or clarified below: A. No extra payment shall be made for embankment beyond the lines and grades shown on the plans unless the lines and grades are changed by the Engineer. B. The Contactor shall be satisfied as to the scope and quantity of work relating to earthwork involved prior to submitting the bid. C. The grades shown in the plans are finished grades and any hardscape improvements, including but not limited to concrete or rock rip rap shall be required to conform to those grades. This may require over excavation to allow for the thickness of said components and the construction of said hardscape improvements to the finished grades shown in the plans. This cost is considered incidental to this bid item. D. Original design and topographic survey conducted in October 2021. Supplemental topographic and tree survey conducted in July 2022. No additional survey outside of the two aforementioned dates was conducted. Contractor shall verify and familiarize themselves with the existing site conditions and proposed scope of work prior to construction, and immediately notify the District of any discrepancy between the existing site conditions and proposed work. Calculation of quantities was made by a tin to tin comparison of the Technical Specifications III-9 aforementioned topographic surveys and proposed grading improvements with no adjustment factors for shrinkage or swell and shall be considered a plans quantity. Payment shall be only for the lines and grades shown on the plans and there will be no pay for any excavation the Contractor conducts outside the lines and grades shown on the plans except as outlined under Item B above. Additional excavation or fill that the Contractor deems necessary to complete the project is subsidiary to the work. E. Calculation of quantities was made by a tin to tin comparison with no adjustment factors for shrinkage or swell and shall be considered a plans quantity. Payment shall be only for the lines and grades shown on the plans and there will be no pay for any embankment the Contractor places outside the lines and grades shown on the plans except in the event of an excavation adjustment resulting from revised lines and grades issued by the engineer. Additional excavation or fill that the Contractor deems necessary to complete the project is subsidiary to the work. F. The cost for benching, prior to the placement of fill, per the details provided in the plans shall be considered incidental to this bid item. In all areas of fill the contractor shall photographically document that benching was conducted prior to fill placement and compaction. Photos shall be delivered as part of the project final closeout documents. G. In the event of an excavation adjustment the Contractor shall provide additional fill material on a 1:1 basis with the adjustment at a minimum 95% standard proctor density for said imported fill material. The payment for said additional embankment shall be made at the unadjusted unit price bid for “Embankment (Final) (Dens Cont) (Ty C)” with the quantity matching that of the approved additional excavation. H. The Contractor shall submit a Stockpile Plan that designates locations for temporary storage of excavated and fill material. This plan is subject to approval of the County and City. If stockpile(s) are located on private property, the Contractor must supply the City with a written letter of permission from the property owner to include the final state of the land to be used. I. The Contractor shall familiarize themselves with the information pertaining to earthwork contained within CMJ Engineering, Inc. Report No. 117-21-306 dated May 20, 2022. Earthwork shall be conducted in strict accordance with said earthwork recommendations. J. The Contractor shall be responsible for conducting a chemical constituent’s silt analysis to determine whether the siltatious material is of significant environmental concern and shall be responsible for the proper disposal according to the findings. K. Measurement for this bid item shall be per cubic yard. L. Payment for this bid item shall be paid for at the unit price bid for “Embankment (Final) (Dens Cont) (TY C)”. BID ITEM NO. II-7 – Shaded Vegetation Establishment System The provisions of TxDOT Items 164 - “Seeding for Erosion Control”, Item 168 – “Vegetative Watering”, and Item 169 – “Soil Retention Blankets” shall apply except as modified or clarified below: A. The vegetation establishment systems detailed below are based upon average values of soil samples collected and processed in September and October of 2023. The vegetation establishment system is based upon these soil samples and is comprised of the following Technical Specifications III-10 components installed in the order listed unless otherwise specified by the product manufacturer. 1. Hydraulically apply the following components at the rates specified. a. Proganics Biotic Soil Media, or approved equal, at a rate of 4,000 pounds per acre b. Profile Aqua-pHix, or approved equal, at a rate of 7.5 gallons per acre c. Profile JumpStart, or approved equal, at a rate of 2.5 gallons per acre d. Profile BioPrime or approved equal, at a rate of 80 pounds per acre 2. Hydraulically apply the following components at the rates specified. a. Profile Flexterra, or approved equal, at a rate of 3,500 pounds per acre b. Justin Seed Company Shady Prairie Mix, or approved equal, at a rate of 20-25 pounds per acre B. Contractor shall confirm the appropriate application processes, procedures, orders, and grouping stated above with the identified or approved equals manufacturer prior to ordering and conducting the work. The processes and orders outlined above are for contractor information only and any variance in application rate, processes and procedures, including groupings that may require additional applications from those outlined above, shall not be a basis for additional compensation. C. This bid item is intended to capture all material and incidentals, including but not limited to the chemicals, mixes, seed, and media detailed above as well as the mix water, equipment, labor, materials, testing, and subsequent vegetative watering necessary to obtain a healthy 80% stand of vegetation in the areas depicted on the plans. D. The contractor may elect to conduct soil testing, at their own expense, in an attempt to modify the application rates described above. In the event that a varying application recommendation is made the contractor should submit said recommendation to the engineer for review and approval. Approval of application rate variances shall not be a basis for additional compensation or a unit price adjustment regardless of the direction. Approval of an application rate variance shall not absolve the contractor from meeting the healthy 80% stand of vegetation requirement. E. Shaded areas that the contractor disturbs as part of their work outside of the limits shown on the plans shall also receive an identical application to the one described herein and those areas shall be brought to the same healthy stand as the plan areas at the contractors expense. F. Measurement for this bid item shall be per square yard. G. Payment for this bid item shall be paid for at the unit price bid for “Shaded Vegetation Establishment System”. BID ITEM NO. II-8 Non-Shaded Vegetation Establishment System The provisions of TxDOT Items 164 - “Seeding for Erosion Control”, Item 168 – “Vegetative Watering”, and Item 169 – “Soil Retention Blankets” shall apply except as modified or clarified below: A. The vegetation establishment systems detailed below are based upon average values of soil samples collected and processed in September and October of 2023. The vegetation Technical Specifications III-11 establishment system is based upon these soil samples and is comprised of the following components installed in the order listed unless otherwise specified by the product manufacturer. 1. Hydraulically apply the following components at the rates specified. a. Proganics Biotic Soil Media, or approved equal, at a rate of 4,000 pounds per acre b. Profile JumpStart, or approved equal, at a rate of 2.5 gallons per acre c. Profile BioPrime or approved equal, at a rate of 80 pounds per acre 2. Hydraulically apply the following components at the rates specified. a. Profile Flexterra, or approved equal, at a rate of 3,500 pounds per acre b. Permanent Urban Clay Seed mixture in accordance with TxDOT 164 B. Contractor shall confirm the appropriate application processes, procedures, orders, and grouping stated above with the identified or approved equals manufacturer prior to ordering and conducting the work. The processes and orders outlined above are for contractor information only and any variance in application rate processes and procedures, including groupings that may require additional applications from those outlined above, shall not be a basis for additional compensation. C. This bid item is intended to capture all material and incidentals, including but not limited to the chemicals, mixes, seed, and media detailed above as well as the mix water, equipment, labor, materials, testing, and subsequent vegetative watering necessary to obtain a healthy 95% stand of vegetation in the areas depicted on the plans within the levee limits and 80% stand of vegetation in the areas depicted on the plans outside of the levee limits. D. The contractor may elect to conduct soil testing, at their own expense, in an attempt to modify the application rates described above. In the event that a varying application recommendation is made the contractor should submit said recommendation to the engineer for review and approval. Approval of application rate variances shall not be a basis for additional compensation or a unit price adjustment regardless of the direction. Approval of an application rate variance shall not absolve the contractor from meeting the healthy 95% stand of vegetation requirement when within the levee limits and 80% when outside of the levee limits. E. Non-shaded areas that the contractor disturbs as part of their work outside of the limits shown on the plans shall also receive an identical application to the one described herein and those areas shall be brought to the same healthy stand as the plan areas at the contractors expense. F. Measurement for this bid item shall be per square yard. G. Payment for this bid item shall be paid for at the unit price bid for “Non-Shaded Vegetation Establishment System”. BID ITEM NO. II-9 – Riprap (Stone Protection) (12 In) The provisions of TxDOT Item 432 - “Riprap” shall apply except as modified or clarified below: A. Square yardage price includes toe’s and other non-uniform thickness components without additional compensation. The price bid by the contractor should take these other components into account. Technical Specifications III-12 B. Bedding material and filter fabric shall be considered incidental to this bid item. Bedding and filter fabric requirements can be found under Section 2.3 and 2.3.4 of the aforementioned TxDOT Item 432. C. Rip rap gradation and weight shall meet the details contained in the plans. D. Measurement for this bid item shall be per square yard. E. Payment for this bid item shall be paid for at the unit price bid for “Riprap (Stone Protection) (12 In)”. BID ITEM NO. II-10 – Riprap (Stone Protection) (Grout) (12 In) The provisions of TxDOT Item 432 - “Riprap” shall apply except as modified or clarified below: A. Square yardage price includes toe’s and other non-uniform thickness components without additional compensation. The price bid by the contractor should take these other components into account. B. Bedding material and filter fabric shall be considered incidental to this bid item. Bedding and filter fabric requirements can be found under Section 2.3 and 2.3.4 of the aforementioned TxDOT Item 432. C. Rip rap gradation and weight shall meet the details contained in the plans. D. Measurement for this bid item shall be per square yard. E. Payment for this bid item shall be paid for at the unit price bid for “Riprap (Stone Protection) (12 In)”. BID ITEM NO. II-11 – Riprap (Stone Protection) (24 In) The provisions of TxDOT Item 432 - “Riprap” shall apply except as modified or clarified below: A. Square yardage price includes toe’s and other non-uniform thickness components without additional compensation. The price bid by the contractor should take these other components into account. B. Bedding material and filter fabric shall be considered incidental to this bid item. Bedding and filter fabric requirements can be found under Section 2.3 and 2.3.4 of the aforementioned TxDOT Item 432. C. Rip rap gradation and weight shall meet the details contained in the plans. D. Measurement for this bid item shall be per square yard. E. Payment for this bid item shall be paid for at the unit price bid for “Riprap (Stone Protection) (24 In)”. BID ITEM NO. II-12 – Removing Rock Riprap The provisions of TxDOT Item 496 – “Removing Structures” shall apply except as modified or clarified below: A. Measurement is per square yard regardless of the thickness. B. Measurement for this bid item shall be per square yard. Technical Specifications III-13 C. Payment for this bid item shall be paid for at the unit price bid for “Removing Rock Riprap”. BID ITEM NO. II-13 – Removing Conc Diversion Dam The provisions of TxDOT Item 496 – “Removing Structures” shall apply except as modified or clarified below: A. The entirety of the structure shall be removed and raising shall not be allowed. B. Measurement for this bid item shall be lump sum. C. Payment for this bid item shall be paid for at the unit price bid for “Removing Conc Diversion Dam”. BID ITEMS NO. II-14 – Construction Exits (Install) (Ty 1) The provisions of TxDOT Item 506 – “Temporary Erosion, Sedimentation, and Environmental Controls” apply except as modified or clarified below: A. Measurement for this bid item shall be per square yard. B. Payment for this bid item shall be paid for at the unit price bid for “Construction Exits (Install) (Ty 1)”. BID ITEMS NO. II-15 – Construction Exits (Remove) The provisions of TxDOT Item 506 – “Temporary Erosion, Sedimentation, and Environmental Controls” apply except as modified or clarified below: A. Measurement for this bid item shall be per square yard. B. Payment for this bid item shall be paid for at the unit price bid for “Construction Exits (Remove)”. BID ITEMS NO. II-16 – Conc Sidewalks (4”) The provisions of TxDOT Item 531 – “Sidewalks” apply except as modified or clarified below: A. Concrete sidewalks replaced, rerouted, or repaired as part of this project shall be constructed in accordance with TAS and ADA requirements. Compliance with TAS and ADA requirements are the sole responsibility of the Contractor. B. Measurement for this bid item shall be per square yard. C. Payment for this bid item shall be paid for at the unit price bid for “Conc Sidewalks (4”)”. BID ITEMS NO. II-17 – Conc Paving and Median The provisions of TxDOT Item 536 – “Concrete Medians and Directional Islands” apply except as modified or clarified below: A. Pavement and median shall be constructed in accordance with the City of Coppell standard details. Technical Specifications III-14 B. The contractor shall use the photographic or video and survey information performed under Bid Item II-3 to reconstruct the median to equal or better conditions than existing with a configuration matching pre-construction conditions. If median pavers are damaged or elected to be removed and disposed of as part of the work under Bid Item II-3 then the Contractor shall submit a replacement paver specification sheet to the City of Coppell for review and approval prior to ordering the pavers and completing the work. C. The temporary pavement surface installed under Bid Item II-3 shall be removed and disposed of at a cost incidental to this bid item prior to the repair work commencing. D. Payment shall be for the square yardage of the surface regardless of incidentals such as curb, varying pavement thickness, or other items required to restore the pavement to preconstruction conditions in accordance with the details contained in the plans. E. Measurement for this bid item shall be per square yard. F. Payment for this bid item shall be paid for at the unit price bid for “Conc Median”. BID ITEMS NO. II-18 through II-23 – Tree Removal (Various Sizes) The provisions of TxDOT Item 752 – “Tree and Brush Removal” apply except as modified or clarified below: A. As part of the design the District prepared the tree removal permit for the work depicted in the plans and it was approved by Layne Cline at the City of Coppell on January 31, 2024, under permit number 01164. Based upon this permit and coordination the District is exempt from paying the mitigation cost for the tree's removed per the project plans. Contractor does not need to prepare an additional permit or pay fee's unless the removals are beyond the tree's identified in the plans. A copy of this permit has been provided under Appendix C B. Tree removals shall be conducted in accordance with the Code of Ordinances of the City of Coppell Chapter 12, Article 34, Division 2 “Tree Preservation Requirements”. C. Diameter of the tree shall be measured through the main trunk at a point four and one-half feet above the natural ground level. Diameters for payment are based upon the tree diameter at the time of the tree survey and not the current diameter if variances are present. D. Refer to the project general notes in the plans for additional tree removal information. E. Measurement for this bid item shall be per each. F. Payment for this bid item shall be paid for at the unit price bid for “Tree Removal”. BID ITEMS NO. II-24 – Tree Protection The provisions of Code of Ordinances of the City of Coppell Chapter 12, Article 34, Division 2 “Tree Preservation Requirements” shall apply except as modified or clarified below: A. As part of the design the District prepared the tree removal permit for the work depicted in the plans and it was approved by Layne Cline at the City of Coppell on January 31, 2024, under permit number 01164. Based upon this permit and coordination the District is exempt from paying the mitigation cost for the tree's removed per the project plans. Contractor does not need to prepare an additional permit or pay fee's unless the removals are beyond the tree's identified in the plans. A copy of this permit has been provided under Appendix C Technical Specifications III-15 B. The contractor shall employ a qualified landscaper/arborist for all work required for tree care to ensure utilization of best agricultural practices and procedures. C. All protected status trees within 50 feet of construction activities shall be protected. D. Contractor shall clearly flag all protected trees within the tree protection zone prior to commencing work in the area. The protected trees will be flagged with bright, fluorescent survey ribbon wrapped around the main trunk at a height of four feet from natural grade such that the tape is very visible to construction workers and equipment operators. E. The Contractor shall inspect each work area in advance and arrange to have any tree limbs pruned that might be damaged by equipment or other operations. The District inspector shall be notified at least 24 hours prior to any tree trimming work and all trimming work shall be approved of by the qualified landscaper/arborist. F. Bilingual (English and Spanish) signage will be conspicuously located on all protective fencing designating a tree protection zone. G. In situations where the drip line of a protected tree is not directly affected by construction but construction related activities may infringe on said dripline, protective fencing shall be installed at minimum around the drip-line designating a tree protection zone. The fencing must be a minimum of four feet in height with silt fencing attached to the base of the fence. Bright, fluorescent survey ribbon must be attached to the protective fencing at ten-foot intervals H. In the event that construction activities cause damage to a protected tree then the contractor shall be responsible for all expenses associated with the removal, if required by the City, mitigation, and/or monetary assessments. Refer to the project general notes in the plans for a detailed schedule of assessment values. I. Refer to the project general notes in the plans for additional tree protection information. J. Measurement for this bid item shall be per lump sum. K. Payment for this bid item shall be paid for at the unit price bid for “Tree Protection”. BID ITEMS NO. II-25 – Overflow Structure Clay Core The provisions of TxDOT Item 132 - “Embankment” shall apply except as modified or clarified below: A. No extra payment shall be made for core material placed beyond the lines and grades shown on the plans unless the lines and grades are changed by the Engineer. B. The Contactor shall be satisfied as to the scope and quantity of work relating to earthwork involved prior to submitting the bid. C. The cost for benching, prior to the placement of fill, per the details provided in the plans shall be considered incidental to this bid item. D. The Overflow Structure Clay Core material shall have a plasticity index greater than 25. Material should be placed in maximum 6-inch lifts, moistened to their optimum moisture content or above, and compacted to at least 95 percent Standard Proctor Compaction per ASTM D 698. E. Measurement for this bid item shall be per cubic yard. Technical Specifications III-16 F. Payment for this bid item shall be paid for at the unit price bid for “Overflow Structure Clay Core”. BID ITEMS NO. AA-1-1 – Mechanical Clearing A. This item shall govern for only the area to be “mechanically removed” as shown on the “Access and Staging Plan” within the plans. Mechanical clearing, grubbing, right of way preparation, etc… for all other project areas shall be incidental to the other project bid items. B. Trees and other standing vegetation, not grass, shall be mechanically removed from this area, including those within standing water. Trees should be removed and ground down to 1-foot below existing ground line. Tree’s removed may be chipped on site and spread evenly across the area in question to the satisfaction of the District inspector otherwise tree’s should be removed and disposed of in a lawful manner at a cost incidental to this bid item and not other bid items. C. Contractor shall avoid disturbance to the levee and minimize damage to existing grass covered areas as part of this work. In the event that grass is disturbed as part of this work the Contractor shall restore the ground cover to a healthy 95% stand at a cost incidental to this bid item. D. This item shall include but not be limited to all labor, equipment, materials, and incidentals required to clear, dispose of, chip, and spread existing vegetative material on site. E. Measurement for this bid item shall be per acre. F. Payment for this bid item shall be paid for at the unit price bid for “Mechanical Clearing”. BID ITEMS NO. AA-2-1 – Environmentally Sensitive Haul and Disposal A. The purpose of this bid item is to establish a unit price for environmentally sensitive material haul and disposal in the event that material needing special disposal sites is encountered as determined by the environmental constituents testing conducted under “Bid Item No I-2 – Mobilization and Project Startup”. B. This item shall include but not be limited to all labor, equipment, materials, fees, excavation oversight for sensitive areas by the environmental professional, and incidentals required to identify disposal sites and haul and dispose of said environmentally sensitive material. C. Measurement for this bid item shall be per cubic yard of environmentally sensitive material as approved of in writing by the District or it’s appointed representatives. Material disposed of prior to or without written approval of the District or it’s appointed representatives shall be paid for at the unit price bid for Bid Items II-5 “Haul and Disposal” regardless of whether a special site was utilized. The Contractor must receive written approval prior to any work under this bid item. D. Payment for this bid item shall be paid for at the unit price bid for “Environmentally Sensitive Haul and Disposal” for the plans quantity associated with that area(s) in question. No adjustments shall be made to the unit price bid based on the quantity of environmentally sensitive material encountered. Technical Specifications III-17 BID ITEMS NO. AA-3-1 – Old Denton Creek Rainfall Event A. The purpose of this bid item is to establish a unit price for Old Denton Creek Rainfall Events in the event that a rainfall event, meeting the criteria below, is encountered during the course of the project. B. This item shall include but not be limited to all labor, equipment, materials, fees, diversion, pumping, equipment protection, area rework, excess haul off and disposal in accordance with the criteria set forth under Bid Items II-4 and AA-2-1 resulting from sediment migration, and the general management of waters originating from said rainfall event. C. This item shall not be considered, even if an event is encountered, if the contract after weather day adjustments is in excess of the contractual substantial completion time. D. The Old Denton Creek section of the project was last maintained around 2002. With this project there is a plans quantity of 7,271 cubic yards worth of excavated material within said section of the old channel. The information contained under this section is not intended to be a guarantee of average annual sediment deposition rates and is for contractor information only as the general scope of work between this and the 2002 project are not identical and vary. E. Contract time extensions will be considered for rain events meeting the criteria below so long as they are agreed upon by the District within 1-week of the delay occurrence. No retroactive delay claims beyond 1-week shall be considered. F. Any work associated with rainfall events not meeting the criteria established below shall be considered incidental to the Care of Water bid item. G. Measurement for this bid item shall be per each event when the following criteria is met; a. The Districts rain gauge located approximately 2,000-feet east north east of the project at 2951 Lake Vista Drive, Lewisville, Texas 75067 records 1-inch of rain or more in a 24-hour rolling period. The measurements at the gauge specified above shall be the only basis for payment under this bid item and an event shall be defined as a period in which the rolling 24-hour rolling average exceeds 1-inch, regardless of duration or intensity. A new event shall not be considered until 168-hours (1-week) after the end of the calendar day on which the 24-hour rolling average exceeded the 1-inch benchmark. H. Payment for this bid item shall be paid for at the unit price bid for “Old Denton Creek Rainfall Event” for approved events meeting the criteria of Section E above. BID ITEMS NO. AA-4-1 – Manmade Trash Hauloff and Disposal A. The purpose of this bid item is to establish a unit price for Manmade Trash Hauloff and Disposal in the event material of this nature is found during the execution of the work. B. This item shall include but not be limited to all labor, equipment, materials, fees, hauling, and disposal costs in order to dispose of the material. C. Measurement for this bid item shall be per ton of manmade trash encountered during the execution of the work. Mandmade trash is defined as items meeting the following criteria: a. Items manufactured from raw materials for consumer purposes such as: i. Electronics Technical Specifications III-18 ii. Automobile and automobile parts iii. Mattresses iv. Furniture v. Tires b. Items not meeting the definition of manmade trash include but are not limited to: i. Rock ii. Gravel iii. All earthen material regardless of classification iv. Vegetative and tree material Measurement shall be as listed on official weigh station receipts from public landfills or private landfills dealing in public waste disposal for materials approved for hauloff and disposal under this bid item by the District representative. The Contractor must receive written approval prior to any work under this bid item. Weigh station receipts must be submitted with each pay app in order to receive payment. D. Payment for this bid item shall be paid for at the unit price bid for “Manmade Trash Hauloff and Disposal” for work approved of in writing by the District. END OF SECTION ATTACHMENT A DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT P. O. BOX 17300 FORT WORTH, TEXAS 76102-0300 July 24, 2023 Regulatory Division SUBJECT: Project Number SWF-2021-00512, DCLID-1 Dredging Project Mr. Parker Moore On Behalf of Denton County Levee Improvement District No. 1 Halff Associates, Inc. 1001 Fannin Street, Suite 800 Houston, Texas 77002 pMoore@halff.com Mr. Moore: This letter is in regard to information received March 8, 2023, and subsequent submittal(s) dated March 22, 2023, and April 10, 2023, concerning a proposal by Denton County Levee Improvement District No. 1 for the restoration of an engineered channel and dredging of old channel of Denton Creek near MacArthur Boulevard located in the City of Coppell, Denton County, Texas. This project has been assigned Project Number SWF-2021-00512. Please include this number in all future correspondence concerning this project. Under Section 404 of the Clean Water Act the U.S. Army Corps of Engineers (USACE) regulates the discharge of dredged and fill material into waters of the United States, including wetlands. USACE responsibility under Section 10 of the Rivers and Harbors Act of 1899 is to regulate any work in, or affecting, navigable waters of the United States. Based on the description of the proposed work, and other information available to us, we have determined this project will involve activities subject to the requirements of Section 404. We have reviewed this project under the pre-construction notification procedures of Nationwide Permit General Condition 32 (Federal Register, Vol. 86, No. 245, Monday, December 27, 2021). We have determined the discharge of dredged or fill materials into waters of the United States associated with this project appears to qualify for Nationwide Permit 31 for Maintenance of Existing Flood Control Facilities. To use this permit, the person responsible for the project must ensure the work is in compliance with the specifications and conditions for the permit listed above, found at https://www.swf.usace.army.mil/Missions/Regulatory/Permitting/Nationwide-General-Permits/, Additionally, all activities must comply with the water quality certification conditions of the Texas Commission on Environmental Quality (TCEQ) located at https://www.swf.usace.army.mil/Portals/47/docs/regulatory/Permitting/General%20Permitting/TX _401_cert.pdf?ver=rIe8wttu6MRCA2s6Q4QQMg%3d%3d and special conditions listed below. -2- Special Condition 1: The permittee shall implement and abide by “Section 404 Compensatory Mitigation Plan for Denton Creek Dredging Project as prepared by Halff Associates, April 2023”. The permittee shall implement the plan prior to ground disturbing activities in waters of the United States. Completion of all elements of this mitigation plan is a requirement of this permit. Special Condition 2: The permittee shall debit 0.2 wetland credits from the Bunker Sands Mitigation Bank in compliance with the provisions of the “Mitigation Banking Instrument, Bunker Sands Mitigation Bank, Kaufman County, Texas,” dated April 30, 2008. This debit shall compensate off-site for unavoidable adverse project impacts that would not be compensated for by on-site mitigation. The permittee shall complete the mitigation bank transaction and provide documentation to the USACE that the transaction has occurred prior to commencing any additional ground-disturbing activity within waters of the United States. Failure to comply with these specifications and conditions invalidates the authorization and may result in a violation. Our verification for the construction of this activity under this nationwide permit is valid until March 14, 2026, unless prior to that date the nationwide permit is suspended, revoked, or modified such that the activity would no longer comply with the terms and conditions of the nationwide permit on a regional or national basis. The USACE will issue a public notice announcing the changes when they occur. Furthermore, activities that have commenced, or are under contract to commence, in reliance on a nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit’s expiration, modification, or revocation, unless discretionary authority has been exercised on a case-by- case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5(c) or (d). Continued confirmation that an activity complies with the specifications and conditions, and any changes to the nationwide permit, is the responsibility of the permittee. Our review of this project also addressed its effects on threatened and endangered species. Based on the information provided, we have determined this project will not affect any species listed as threatened or endangered by the U.S. Fish and Wildlife Service within our permit area. However, please note you are responsible for meeting the requirements of General Condition 18 on endangered species. The permittee must sign and submit to us the enclosed certification that the work, including any proposed mitigation, was completed in compliance with the nationwide permit. The permittee should submit the certification within 30 days of the completion of work. This permit should not be considered as an approval of the design features of any activity authorized or an implication that such construction is considered adequate for the purpose intended. It does not authorize any damage to private property, invasion of property rights, or any infringement of federal, state, or local laws or regulations. -3- Thank you for your interest in our nation's water resources. If you have any questions concerning our regulatory program, please refer to our website at http://www.swf.usace.army.mil/Missions/Regulatory or contact Ms. Valerie Sewell at the address above, by telephone (817) 886-1782, or by email valerie.sewell@usace.army.mil, and refer to your assigned project number. Please help the regulatory program improve its service by completing the survey on the following website: https://regulatory.ops.usace.army.mil/customer-service-survey/ Sincerely, For: Brandon W. Mobley Chief, Regulatory Division Copy Furnished: Ms. Melissa Mills mMills@halff.com PERMIT COMPLIANCE CERTIFICATION U.S. Army Corps of Engineers Project Number: SWF-2021-00512 Type of Nationwide: Nationwide Permit 31 for Maintenance of Existing Flood Control Facilities. Name of Permittee: Denton County Levee Improvement District No. 1 Attn: Parker Moore Date of Issuance: July 24, 2023 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: Regulatory Division CESWF-RD U.S. Army Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit was completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. _____________________________ __________________________ Signature of Permittee Date ATTACHMENT B GEOTECHNICAL ENGINEERING STUDY DCLID DREDGING PROJECT COPPELL, TEXAS Presented To: Halff Associates, Inc. May 2022 PROJECT NO. 117-21-306 Report No. 117-21-306 CMJ ENGINEERING, INC. TABLE OF CONTENTS Page 1.0 INTRODUCTION ------------------------------------------------------------------------------------------------------- 1 2.0 FIELD EXPLORATION AND LABORATORY TESTING ------------------------------------------------------ 2 3.0 SURFACE AND SUBSURFACE CONDITIONS ---------------------------------------------------------------- 4 4.0 SLOPE STABILITY ANALYSIS AND RECOMMENDATIONS ---------------------------------------------- 7 5.0 EARTHWORK ---------------------------------------------------------------------------------------------------------- 10 6.0 CONSTRUCTION OBSERVATIONS ----------------------------------------------------------------------------- 13 7.0 REPORT CLOSURE ------------------------------------------------------------------------------------------------- 14 APPENDIX A Plate Plan of Borings --------------------------------------------------------------------------------------------------------------- A.1 Unified Soil Classification System --------------------------------------------------------------------------------------- A.2 Key to Classification and Symbols -------------------------------------------------------------------------------------- A.3 Logs of Borings ----------------------------------------------------------------------------------------------------- A.4 – A.15 Particle Size Distribution Reports ----------------------------------------------------------------------------- A.16 – A.19 Free Swell Test Results -------------------------------------------------------------------------------------------------- A.20 Direct Shear Test Reports -------------------------------------------------------------------------------------- A.21 – A.28 APPENDIX A Plate Slope Stability Analyses ------------------------------------------------------------------------------------------- B.1 – B.6 Report No. 117-21-306 CMJ ENGINEERING, INC. 1 1.0 INTRODUCTION 1.1 General The project, as currently planned, will consist of dredging and reshaping a 3,600-foot long flood control channel and a 3,000-foot long old channel of Denton Creek in the vicinity of MacArthur Boulevard in Coppell, Texas. New berms are also planned. Plate A.1, Plan of Borings depicts the project vicinity and the locations of exploration borings. 1.2 Purpose and Scope The purpose of this geotechnical engineering study has been to determine the general surface and subsurface conditions, evaluate the engineering characteristics of the subsurface materials encountered, comments on the potential for slope instability, and provide earthwork recommendations. To accomplish its intended purposes, the study has been conducted in the following phases: (1) drilling sample borings to determine the general subsurface conditions and to obtain samples for testing; (2) performing laboratory tests on appropriate samples to determine pertinent engineering properties of the subsurface materials; and (3) performing engineering analyses, using the field and laboratory data, to develop geotechnical recommendations for the proposed construction. The design is currently in progress. The recommendations contained in this report are based on data supplied by Halff Associates, Inc. Once the final design is near completion (80-percent to 90- percent stage), it is recommended that CMJ Engineering, Inc. be retained to review those portions of the construction documents pertaining to the geotechnical recommendations, as a means to determine that our recommendations have been interpreted as intended. 1.3 Report Format The text of the report is contained in Sections 1 through 7. All plates and large tables are contained in Appendix A. The alpha-numeric plate and table numbers identify the appendix in which they appear. Small tables of less than one page in length may appear in the body of the text and are numbered according to the section in which they occur. Report No. 117-21-306 CMJ ENGINEERING, INC. 2 Units used in the report are based on the English system and may include tons per square foot (tsf), kips (1 kip = 1,000 pounds), kips per square foot (ksf), pounds per square foot (psf), pounds per cubic foot (pcf), and pounds per square inch (psi). 2.0 FIELD EXPLORATION AND LABORATORY TESTING 2.1 Field Exploration Subsurface materials at the project site were explored by twelve (12) vertical soil borings (Borings B-1, and B-3 through B-13) drilled to depths of 35 to 45 feet. Boring B-2 was not drilled due to a conflict with an existing subsurface utility. The borings were drilled using continuous and intermittent sampling and continuous flight auger methods at the approximate locations shown on the Plan of Borings, Plate A.1. The boring logs are included on Plates A.4 through A.15, and keys to classifications and symbols used on the logs are provided on Plates A.2 and A.3. Undisturbed samples of cohesive soils were obtained with nominal 3-inch diameter thin-walled (Shelby) tube samplers at the locations shown on the logs of borings. The Shelby tube sampler consists of a thin-walled steel tube with a sharp cutting edge connected to a head equipped with a ball valve threaded for rod connection. The tube is pushed into the soil by the hydraulic pulldown of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency with a hand penetrometer, sealed, and packaged to limit loss of moisture. The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this test a 0.25-inch diameter piston is pushed into the relatively undisturbed sample at a constant rate to a depth of 0.25 inch. The results of these tests, in tsf, are tabulated at respective sample depths on the logs. When the capacity of the penetrometer is exceeded, the value is tabulated as 4.5+. Disturbed samples of the noncohesive granular or stiff to hard cohesive materials were obtained utilizing a nominal 2-inch O.D. split-barrel (split-spoon) sampler in conjunction with the Standard Penetration Test (ASTM D 1586). This test employs a 140-pound hammer that drops a free fall vertical distance of 30 inches, driving the split-spoon sampler into the material. The number of blows required for 18 inches of penetration is recorded and the value for the last 12 inches, or the penetration obtained from 50 blows, is reported as the Standard Penetration Value (N) at the appropriate depth on the log of boring. Report No. 117-21-306 CMJ ENGINEERING, INC. 3 To evaluate the relative density and consistency of the harder formations, a modified version of the Texas Cone Penetration test was performed at selected locations. Texas Department of Transportation (TXDOT) Test Method Tex-132-E specifies driving a 3-inch diameter cone with a 170-pound hammer freely falling 24 inches. This results in 340 foot-pounds of energy for each blow. This method was modified by utilizing a 140-pound hammer freely falling 30 inches. This results in 350 foot-pounds of energy for each hammer blow. In relatively soft materials, the penetrometer cone is driven 1 foot and the number of blows required for each 6-inch penetration is tabulated at respective test depths, as blows per 6 inches on the log. In hard materials (rock or rock-like), the penetrometer cone is driven with the resulting penetrations, in inches, recorded for the first and second 50 blows, a total of 100 blows. The penetration for the total 100 blows is recorded at the respective testing depths on the boring logs. 2.2 Laboratory Testing Laboratory soil tests were performed on selected representative samples recovered from the borings. In addition to the classification tests (liquid limits, plastic limits, and gradations), moisture content, unconfined compressive strength, and unit weight tests were performed. Results of the laboratory classification tests, moisture content, unconfined compressive strength, and unit weight tests conducted for this project are included on the boring logs. Particle size analyses are presented on Plates A.16 through A.19. Swell tests were performed on specimens from selected samples of the clays. These tests were performed to help in evaluating the swell potential of near-surface soils. The results of the swell tests are presented on Plate A.20. Direct shear and associated residual shear tests were performed within the overburden soils. The shear tests were performed in order to obtain strength parameters of the soils in their existing state. The results of the direct shear tests are presented on Plates A.21 through A.28. The above laboratory tests were performed in general accordance with applicable ASTM procedures, or generally accepted practice. Report No. 117-21-306 CMJ ENGINEERING, INC. 4 3.0 SURFACE AND SUBSURFACE CONDITIONS 3.1 Site Geology According to the Dallas Sheet of the Geologic Atlas of Texas, the project site is geologically located in the Alluvium and Fluviatile Terrace Deposits overlying the Eagle Ford Formation. The alluvial and terrace deposits are generally a mixture of fine-grained and coarse materials, which are typically layered with grain sizes increasing with depth. At the surface the clay portions of these deposits can be moderately to highly active. Ground-water is typically present in these deposits, especially in the proximity of a river or creek. The Eagle Ford Formation is composed primarily of gray and dark gray shales with an occasional very thin sandstone or limestone stratum. Calcareous concretions, roughly spherical and up to 18 inches in diameter are found throughout this formation. The Eagle Ford weathers to a tan or tan and gray shaly clay with a dark brown residual soil. 3.2 Soil Conditions Specific types and depths of subsurface strata encountered at the boring locations are shown on the boring logs in Appendix A. The generalized subsurface stratigraphy encountered in the borings are discussed below. Note that depths on the borings refer to the depth from the existing grade or ground surface present at the time of the investigation, and the boundaries between the various soil types are approximate. Borings B-3 through B-5 were drilled within existing residential streets. The pavement section at these boring locations consisted of 5 to 6¾ inches of concrete pavement. Soils encountered consist of dark brown, brown, light reddish brown, tan, and gray clays, silty clays, sandy silty clays, shaly clays, sandy clays, and clayey sands. The surficial clays in Boring B-9 were noted as fill above a depth of 3 feet. The various clayey soils often contain iron stains and ironstone nodules and occasionally contain gravel, pebbles, and calcareous nodules. Shale seams were noted within the clayey soils in Borings B-6 and B-11 below a depth of 29 feet. Tan and brown sands were encountered from 15 to 21 feet in Boring B-4 and below depths of 38 to 41 feet in Borings B-6 and B-7. The sands contained gravel seams in Boring B-4 and were medium dense with Standard Penetration (N) test values of 13 to 19 blows for 1 foot of penetration. Report No. 117-21-306 CMJ ENGINEERING, INC. 5 The various clayey soils were varied from soft to hard in consistency (soil basis), with pocket penetrometer values of 0.5 to over 4.5 tsf. The various clays encountered in the borings had tested Liquid Limits (LL) ranging from 26 to 80 with Plasticity Indices (PI) ranging from 13 to 59 and are classified as SC, CL and CH by the USCS. Tested unit weight values ranged from 94 to 121 pcf and unconfined compressive strength values were 1,210 to 20,460 psf. Select lower pocket penetrometer readings reflect more granular materials indicating higher in-situ strengths than the tested value. Gray shale is next present in Borings B-8 and B-9 at depths of 23 to 27 feet and extends through boring termination at a depth of 35 feet. The gray shale is moderately hard to hard (rock basis) with Texas Cone Penetrometer (THD) values of 1¾ to 2¾ inches per 100 blows. 3.3 Ground-Water Observations The borings were drilled using continuous flight augers in order to observe ground-water seepage during drilling. Ground-water seepage was encountered during drilling in all borings with the exception of Boring B-8 at depths of 14 to 35 feet below existing grade. Water levels of 14 to 40 feet were observed at drilling completion in these borings. Subsequent water levels of 25 to 35 feet were measured several hours after drilling completion in Borings B-11 through B-13. In addition borehole cave-in was observed during drilling in Borings B-1 and B-4 at a depth of 40 feet and at completion in Boring B-4 at a depth of 16 feet. No seepage was encountered during drilling or at completion in Boring B-8. While it is not possible to accurately predict the magnitude of subsurface water fluctuation that might occur based upon these short-term observations, it should be recognized that ground-water conditions will vary with fluctuations in rainfall. Seepage levels near the observed levels should be anticipated throughout the year. Table 3.3-1 summarizes water level data. Report No. 117-21-306 CMJ ENGINEERING, INC. 6 TABLE 3.3-1 Ground-Water Observations Boring No. Seepage During Drilling (ft.) Water at Completion (ft.) Water at End of Day (ft.) B-1 21 w/ cave-in at 40 18 - B-3 33 30 - B-4 14 w/ cave-in at 40 15 w/ cave-in at 16 - B-5 20 18 - B-6 15 17 - B-7 14 14 - B-8 Dry Dry - B-9 19 21½ - B-10 21 22 - B-11 20 32 25 B-12 33 40 33 B-13 35 38 35 Fluctuations of the ground-water level can occur due to seasonal variations in the amount of rainfall; site topography and runoff; hydraulic conductivity of soil strata; and other factors not evident at the time the borings were performed. During wet periods of the year seepage can occur in joints in the clays of via the more permeable strata. The possibility of ground-water level fluctuations should be considered when developing the design and construction plans for the project. Report No. 117-21-306 CMJ ENGINEERING, INC. 7 4.0 SLOPE STABILITY ANALYSIS AND RECOMMENDATIONS 4.1 General Comments A primary focus of this investigation was to determine if, based on information from the borings and testing, there exists an ample safety factor for refurbishing and reconstruction of the existing channel side slopes in conjunction with the planned channel dredging operations. Flood control channel slopes are planned to be on the order of 3H:1V while old channel slopes are planned to be on the order of 2H:1V with maximum heights of on the order of 20 feet. Although fill may be necessary in localized areas in order to construct the side slopes, in general the in-situ soil presents the most significant component in global slope stability for the proposed geometry. It is our opinion, based on these data, overall soils appear to possess moderate strength. Select reaches of soft clay soils were encountered in Borings B-1, B-3, B-5, and B-10 below depths of 29 to 39 feet. Isolated soft clays were present in upper reaches in Borings B-3 above 7 feet and in Boring B-4 from 2 to 3 feet. Otherwise, no significant soft zones or areas were noted in reaches anticipated to comprise the bank slope soils. Analyses below assume soils throughout possess firm clay soil conditions and are therefore conservative give the test data. No unusual materials, either deleterious, significantly organic, or otherwise, were noted in the field or laboratory results. 4.2 Slope Stability Analysis System-Computer Solutions CMJ Engineering, Inc. selected GEOSTASE to perform the slope stability analyses for this project. GEOSTASE software is a recent update from GSTABL7, an off shoot based on the original PCSTABL6-1986 developed at Purdue University. It is a two-dimensional, limit equilibrium slope stability program developed and enhanced by Garry H. Gregory, P.E. and Harold W. VanAller, P.E. CMJ Engineering, Inc. utilized GEOSTASE, Version 4.30.24. This slope stability analysis utilizes Modified Bishop, Simplified Janbu, or the Spencer Method of Slices for analysis. Circular, random, and sliding block search routines are available for analysis. Analysis also allows the utilization of anisotropic soil strength parameters which aid in modeling tension cracks or bedding planes as well as different soil strength in different directions. The system overall allows analyses of hundreds of search options and potential failure surfaces and results in a print out showing the geometry, soil parameter summary, and listing of the ten most Report No. 117-21-306 CMJ ENGINEERING, INC. 8 critical failure surfaces analyzed, focusing and highlighting the most critical surface with the lowest safety factor. 4.3 Analyses/Input Parameters Plates B.1 through B.6 depict an overall slope height of 20 feet, possessing a slope angle of 2 horizontal to 1 vertical (2H:1V). The cross section was derived from topographic and cross section information provided by Halff Associates, Inc to reflect the planned post dredging condition. Slope stability analyses were checked using circular failure conditions utilizing Spencer’s Method. As the slope is located in a creek area subject to occasional flooding, rapid drawdown analyses were also performed in addition to sections with ground-water near the levels encountered in the exploration borings. The assumed soil properties utilized for analysis are denoted in the table in the upper left on Plates B.1 through B.6. As material types vary along the channel, three separate analyses were performed utilizing three different types of soil as described below; clay soil considering cohesion only with a friction angle of 0 degrees, sandy soil utilizing friction angle only with no cohesion, and silty clay/sandy clay soil considering a combination of cohesion and friction angle. The soil type is denoted with a number that corresponds to the table in the upper left. The table lists the assumed unit weight and strength properties for the soil type. • Plates B.1 and B.2 – Silty clays/sandy clays with generally firm soil conditions, exhibiting moderate strength, and selected to have a cohesion of 200 psf and a friction angle of 20 degrees • Plates B.3 and B.4 – Clays with generally firm soil conditions, exhibiting moderate strength, and selected to have a cohesion of 500 psf and a friction angle of 0 degrees • Plates B.5 and B.6 – Sands with generally medium dense soil conditions, exhibiting moderate strength, and selected to have a friction angle of 35 degrees and 0 cohesion Numerous analyses were conducted by CMJ Engineering, Inc. to identify the worst-case methodology to use in analysis as well as the appropriate soil parameters, which affect the slope stability. Slope stability analyses were checked using both circular-type failure conditions. Plates B.1 through B.6 depict the proposed slope geometry as developed from preliminary plans provided by Halff Associates, Inc. Report No. 117-21-306 CMJ ENGINEERING, INC. 9 4.4 Slope Stability Analyses and Comments Readers should understand that a factor of safety of 1.0 implies impending failure. Common practices in the geotechnical industry requires that long-term safety factors of 1.5 or greater to be established for the safety of a slope. This essentially means that the resisting forces to sliding will be 50 percent greater than the driving forces. For the relatively short-term rapid drawdown case, safety factors of 1.1 or greater are considered acceptable. The cross section depicted on Plates B.1 through B.6 shows the proposed maximum 20-foot high 2H:1V slope in the post dredged condition. The cross sections depicted on Plates B.1, B.3, and B.5 reflect the presence of nominal creek flow. Plates B.2, B.4, and B.6 present the same section for the case of rapid drawdown, simulating fully saturated soils. Slope stability analyses resulted in acceptable factors of safety, in excess of 1.5 for the long-term case and in excess of 1.1 for the rapid draw-down analyses. Thus, the section analyzed should remain globally stable with the planned 2H:1V slope, provided the earthwork recommendations presented below are followed. It should be noted that these analyses are conducted for global slope stability only. Slope angles of between 3H:1V to 4H:1V or less are typically recommended and considered generally accepted practice in the D/FW region for permanent slopes greater than 10 feet in height which do not incorporate wall systems or other surcharges. With the proposed slope on the order of 2H:1V, erosion of surface soils, surficial slides, and related maintenance should be anticipated if not properly protected. If weather patterns of considerably long periods of extended rainfall occur, the surface soils will tend to moisten, soften to a certain degree, and be more susceptible to surface sloughing as their relative strength decreases. Surface run-off from heavy rainfall may also cause surface erosion of soils along the slope. The proper design of surface drainage with appropriate conveying of storm-water to suitable outlets should be provided. The analyses generally considered global-type failure planes. Shallow skin slides are known to occur in this area with slopes steeper than 3H:1V with the given slope height of this project. Near surface skin slides typically occur in isolated locations, are considered minor, and relate more closely to erosion and surface soil creep. Proper erosion control measures should alleviate most potential surface slides or creep. Report No. 117-21-306 CMJ ENGINEERING, INC. 10 5.0 EARTHWORK 5.1 Site Preparation The subgrade should be firm and able to support the construction equipment without displacement. Soft or yielding subgrade should be corrected and made stable before construction proceeds. The subgrade should be proof rolled to detect soft spots, which if exist, should be reworked to provide a firm and otherwise suitable subgrade. Proof rolling should be performed using a heavy pneumatic tired roller, loaded dump truck, or similar piece of equipment. The proof rolling operations should be observed by the project geotechnical engineer or his/her representative. Prior to fill placement, the subgrade should be scarified to a minimum depth of 8 inches, its moisture content adjusted, and recompacted to the moisture and density recommended for fill. 5.2 Placement and Compaction Fill material should be placed in loose lifts not exceeding 8 inches in uncompacted thickness. The uncompacted lift thickness should be reduced to 4 inches for structure backfill zones requiring hand-operated power compactors or small self-propelled compactors. The fill material should be uniform with respect to material type and moisture content. Clods and chunks of material should be broken down and the fill material mixed by disking, blading, or plowing, as necessary, so that a material of uniform moisture and density is obtained for each lift. Water required for sprinkling to bring the fill material to the proper moisture content should be applied evenly through each layer. The fill material should be compacted to a minimum of 95 percent of the maximum dry density determined by the Standard Proctor test, ASTM D 698. In conjunction with the compacting operation, the fill material should be brought to the proper moisture content. The moisture content for general earth fill should range from 2 percentage points below optimum to 3 percentage points above optimum (-2 to +3). These ranges of moisture contents are given as maximum recommended ranges. For some soils and under some conditions, the contractor may have to maintain a more narrow range of moisture content (within the recommended range) in order to consistently achieve the recommended density. Field density tests should be taken as each lift of fill material is placed. As a guide, one field density test per lift for each 5,000 square feet of compacted area is recommended. For small areas or critical areas the frequency of testing may need to be increased to one test per 2,500 square feet. A minimum of 2 tests per lift should be required. The earthwork operations should be Report No. 117-21-306 CMJ ENGINEERING, INC. 11 observed and tested on a continuing basis by an experienced geotechnician working in conjunction with the project geotechnical engineer. Each lift should be compacted, tested, and approved before another lift is added. The purpose of the field density tests is to provide some indication that uniform and adequate compaction is being obtained. The actual quality of the fill, as compacted, should be the responsibility of the contractor and satisfactory results from the tests should not be considered as a guarantee of the quality of the contractor's filling operations. 5.3 General Slope Recommendations Special site preparation procedures will be imperative to reduce the possibility of slope sliding, settlement of fill soils, and otherwise undue soil movements. In addition, cuts and fills will be required along the embankment to properly blend new fill materials to existing materials for the proposed 2H:1V slope. These procedures are outlined below, but generally consist of proper removal of existing vegetation, proof rolling the site area to receive fill, benching new fill into the existing embankment materials to prevent a direct slide plane at this interface, and general grading at existing, specific erosion and drainage areas. Specific recommended procedures are provided in this report section to emphasize the importance of these procedures. If these procedures are adhered to during the construction phase, the potential for slides, undue settlement, and otherwise problematic soil movements are greatly reduced. The following specific recommendations are provided: 1. Grub all areas in which earth fill operations will take place. This requires the proper removal and disposal of all trees, brush, and vegetation. It also requires the grubbing of all roots in excess of 1 inch and disposing of them properly away from the site. 2. All organic topsoil, trash, debris, or other deleterious materials should be removed from the fill. Any rock fragments larger than 6-inch size should likewise be removed. 3. In areas to receive fill, the surface should be proof rolled to locate any soft or compressible materials. Should said materials be encountered, they should be removed and backfilled with acceptable soil materials. 4. The fill materials for the new slopes should be placed from the bottom leading upwards. The surface soils should be lightly scarified to allow bonding of new fill to either natural soils or existing fill. The initial lift of fill should be at least 12 feet wide and placed on a horizontal plane. As additional fill is placed, the fill should be Report No. 117-21-306 CMJ ENGINEERING, INC. 12 benched into the natural soil for every 1-foot thickness of fill placed. The benches should continue to work uphill to prevent a continuous plane from occurring at the new fill/old fill/natural soil interface. The onsite soil may be used as fill for the reconstructed slope; however, if a mass grading deficit occurs, then offsite soil should be brought in as fill to this site. Any off site borrow fill should consist of silty clays, sandy clays, or clayey sands with a Liquid Limit less than 45 and a Plasticity Index between 4 and 25. These acceptable soils are classified as CL or SC per the Unified Soil Classification System. Clean sands, silts, gravels, and highly plastic clays should be discarded. 5.4 Excavation The side slopes of excavations through the overburden soils should be made in such a manner to provide for their stability during construction. Existing structures, pipelines or other facilities, which are constructed prior to or during the currently proposed construction and which require excavation, should be protected from loss of end bearing or lateral support. Temporary construction slopes and/or permanent embankment slopes should be protected from surface runoff water. Site grading should be designed to allow drainage at planned areas where erosion protection is provided, instead of allowing surface water to flow down unprotected slopes. Trench safety recommendations are beyond the scope of this report. The contractor must comply with all applicable safety regulations concerning trench safety and excavations including, but not limited to, OSHA regulations. 5.5 Soil Corrosion Potential Specific testing for soil corrosion potential was not included in the scope of this study. However, based upon past experience on other projects in the vicinity, the soils at this site may be corrosive. Standard construction practices for protecting metal pipe and similar facilities in contact with these soils should be used. 5.6 Erosion and Sediment Control All disturbed areas should be protected from erosion and sedimentation during construction, and all permanent slopes and other areas subject to erosion or sedimentation should be provided with Report No. 117-21-306 CMJ ENGINEERING, INC. 13 permanent erosion and sediment control facilities. All applicable ordinances and codes regarding erosion and sediment control should be followed. Plates A.16 through A.19 present sieve/hydrometer grain size analyses for typical onsite soils. The following table provides grain size for erosion analyses. Table 5.6-1 Grain Size Values Grain Size (mm) Boring No. Depth (Ft.) D50 D95 B-1 19 – 20 0.0043 0.2275 B-6 14 – 15 0.0463 0.2426 B-10 7 – 8 0.0046 0.1256 B-13 9 – 10 0.0039 0.0944 6.0 CONSTRUCTION OBSERVATIONS In any geotechnical investigation, the design recommendations are based on a limited amount of information about the subsurface conditions. In the analysis, the geotechnical engineer must assume the subsurface conditions are similar to the conditions encountered in the borings. However, quite often during construction anomalies in the subsurface conditions are revealed. Therefore, it is recommended that CMJ Engineering, Inc. be retained to observe earthwork and perform materials evaluation during the construction phase of the project. This enables the geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. Until these construction phase services are performed by the project geotechnical engineer, the recommendations contained in this report on such items as final foundation bearing elevations, proper soil moisture condition, and other such subsurface related recommendations should be considered as preliminary. It is proposed that construction phase observation and materials testing commence by the project geotechnical engineer at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner or the owner's design engineers to contract directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design engineers and the geotechnical engineer. Report No. 117-21-306 CMJ ENGINEERING, INC. 14 7.0 REPORT CLOSURE The borings for this study were selected by CMJ Engineering, Inc. The locations and elevations of the borings should be considered accurate only to the degree implied by the methods used in their determination. The boring logs shown in this report contain information related to the types of soil encountered at specific locations and times and show lines delineating the interface between these materials. The logs also contain our field representative's interpretation of conditions that are believed to exist in those depth intervals between the actual samples taken. Therefore, these boring logs contain both factual and interpretive information. Laboratory soil classification tests were also performed on samples from selected depths in the borings. The results of these tests, along with visual-manual procedures were used to generally classify each stratum. Therefore, it should be understood that the classification data on the logs of borings represent visual estimates of classifications for those portions of each stratum on which the full range of laboratory soil classification tests were not performed. It is not implied that these logs are representative of subsurface conditions at other locations and times. With regard to ground-water conditions, this report presents data on ground-water levels as they were observed during the course of the field work. In particular, water level readings have been made in the borings at the times and under conditions stated in the text of the report and on the boring logs. It should be noted that fluctuations in the level of the ground-water table can occur with passage of time due to variations in rainfall, temperature and other factors. Also, this report does not include quantitative information on rates of flow of ground water into excavations, on pumping capacities necessary to dewater the excavations, or on methods of dewatering excavations. Unanticipated soil conditions at a construction site are commonly encountered and cannot be fully predicted by mere soil samples, test borings or test pits. Such unexpected conditions frequently require that additional expenditures be made by the owner to attain a properly designed and constructed project. Therefore, provision for some contingency fund is recommended to accommodate such potential extra cost. The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of our field investigation and further on the assumption that the exploratory borings are representative of the subsurface conditions throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed. If, during construction, different subsurface conditions from those encountered in our borings are observed, or appear to be present in excavations, we Report No. 117-21-306 CMJ ENGINEERING, INC. 15 must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. If there is a substantial lapse of time between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish grades are changed, we urge that we be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. Further, it is urged that CMJ Engineering, Inc. be retained to review those portions of the plans and specifications for this particular project that pertain to earthwork and foundations as a means to determine whether the plans and specifications are consistent with the recommendations contained in this report. In addition, we are available to observe construction, particularly the compaction of structural fill, or backfill and the construction of foundations as recommended in the report, and such other field observations as might be necessary. The scope of our services did not include any environmental assessment or investigation for the presence or absence of wetlands or hazardous or toxic materials in the soil, surface water, ground water or air, on or below or around the site. This report has been prepared for use in developing an overall design concept. Paragraphs, statements, test results, boring logs, diagrams, etc. should not be taken out of context, nor utilized without a knowledge and awareness of their intent within the overall concept of this report. The reproduction of this report, or any part thereof, supplied to persons other than the owner, should indicate that this study was made for design purposes only and that verification of the subsurface conditions for purposes of determining difficulty of excavation, trafficability, etc. are responsibilities of the contractor. This report has been prepared for the exclusive use of Halff Associates, Inc. for specific application to design of this project. The only warranty made by us in connection with the services provided is that we have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended. * * * * Fine-grained soils (More than half of material is smaller than No. 200 sieve)Sands (More than half of coarse fraction is smaller than No. 4 sieve size)Gravels (More than half of coarse fraction is larger than No. 4 sieve size)Sands with fines (Appreciable amount of fines)Clean sands (Little or no fines)Gravels with fines (Appreciable amount of fines)Clean gravels (Little or no fines)Pt OH CH MH OL CL ML SC SM SP SW GC GM GP GW Grp. Sym. Peat and other highly organic soils Organic clays of medium to high plasticity, organic silts Inorganic clays of high plasticity, fat clays Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts Organic silts and organic silty clays of low plasticity Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, and lean clays Inorganic silts and very fine sands, rock flour, silty or clayey fine sands, or clayey silts with slight plasticity Clayey sands, sand-clay mixtures Silty sands, sand-silt mixtures Poorly graded sands; gravelly sands, little or no fines Well-graded sands, gravelly sands, little or no fines Clayey gravels, gravel-sand- clay mixtures Silty gravels, gravel-sand-silt mixtures Poorly graded gravels, gravel- sand mixtures, little or no fines Well-graded gravels, gravel- sand mixtures, little or no fines Typical Names Determine percentages of sand and gravel from grain size curve. Less than 5 percent.....................................................GW, GP, SW, SP More than 12 percent....................................................GM, GC, SM, SC 5 to 12 percent...........................Borderline cases requiring dual symbolsLiquid and Plastic limits above "A" line with P.I. greater than 7 Liquid and Plastic limits below "A" line or P.I. less than 4 Not meeting all gradation Liquid and Plastic limits above "A" line with P.I. greater than 7 Liquid and Plastic limits below "A" line or P.I. greater than 4 Not meeting all gradation PLATE A.2 requirements for SW requirements for GW UNIFIED SOIL CLASSIFICATION SYSTEMCoarse-grained soils (more than half of the material is larger than No. 200 sieve size)Depending on percentage of fines (fraction smaller than No. 200 sieve size), coarse-grained soils are classified as follows:Laboratory Classification Criteria Highly Organic soilsSilts and clays (Liquid limit greater than 50)Silts and clays (Liquid limit less than 50)Liquid and plastic limits plotting between 4 and 7 are borderline cases requiring use of dual symbols Liquid and plastic limits plotting in hatched zone between 4 and 7 are borderline cases requiring use of dual symbols Major Divisions 0 10 20 30 40 50 60 70 80 90 1000 10 20 30 40 50 60 CL-ML4 7 CL CH OH and MH ML and OL Liquid Limit Plasticity ChartPlasticity IndexCu= ----- D60 D10 greater than 6:CC= -------------- (D30)2 D10 x D60 between 1 and 3 Cu= ----- D60 D10 greater than 4:CC= -------------- (D30)2 D10 x D60 between 1 and 3 SOIL OR ROCK TYPES GRAVEL LEAN CLAY LIMESTONE SAND SANDY SHALE SILT SILTY SANDSTONE HIGHLY PLASTIC CLAY CLAYEY CONGLOMERATE Shelby Tube Auger Split Spoon Rock Core Cone Pen No Recovery TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50% Passing No. 200 Sieve) Descriptive Item Penetrometer Reading, (tsf) Soft 0.0 to 1.0 Firm 1.0 to 1.5 Stiff 1.5 to 3.0 Very Stiff 3.0 to 4.5 Hard 4.5+ Coarse Grained Soils (More than 50% Retained on No. 200 Sieve) Penetration Resistance Descriptive Item Relative Density (blows/foot) 0 to 4 Very Loose 0 to 20% 4 to 10 Loose 20 to 40% 10 to 30 Medium Dense 40 to 70% 30 to 50 Dense 70 to 90% Over 50 Very Dense 90 to 100% Soil Structure Calcareous Contains appreciable deposits of calcium carbonate; generally nodular Slickensided Having inclined planes of weakness that are slick and glossy in appearance Laminated Composed of thin layers of varying color or texture Fissured Containing cracks, sometimes filled with fine sand or silt Interbedded Composed of alternate layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Can be remolded in hand; corresponds in consistency up to very stiff in soils Soft Can be scratched with fingernail Moderately Hard Can be scratched easily with knife; cannot be scratched with fingernail Hard Difficult to scratch with knife Very Hard Cannot be scratched with knife Poorly Cemented or Friable Easily crumbled Cemented Bound together by chemically precipitated material; Quartz, calcite, dolomite, siderite, and iron oxide are common cementing materials. Degree of Weathering Unweathered Rock in its natural state before being exposed to atmospheric agents Slightly Weathered Noted predominantly by color change with no disintegrated zones Weathered Complete color change with zones of slightly decomposed rock Extremely Weathered Complete color change with consistency, texture, and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATE A.3 65 55 46 38 16 15 17 18 18 23 22 19 17 20 25 107 111 114 4060 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 2.5 3.0 1.5 2.25 1.75 0.5 85 19 17 CLAY, dark brown, w/ ironstone nodules and pebbles, hard CLAY, brown, w/ ironstone nodules, iron stains, calcareous nodules, and pebbles, stiff to very stiff SANDY CLAY, brown, w/ iron stains, ironstone nodules, and gravel, stiff - soft below 39'REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-1 CME-55 w/ CFA 12-23-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.4 DCLID Dredging Project Coppell, TX Seepage at 21' and cave-in at 40' during drilling; water at 18' at completion See Plate A.1 45.0' B-1 5 10 15 20 25 30 35 40 45 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 37 80 20 59 28 17 16 23 24 24 26 25 24 19 19 111 99 1210 6090 1.0 2.25 0.75 2.0 3.75 3.5 3.5 3.5 3.75 1.75 0.75 94 17 21 CONCRETE, 6 inches thick SANDY CLAY, dark brown, w/ iron stains, ironstone nodules, and pebbles, soft to stiff SILTY CLAY, dark brown, w/ iron stains and ironstone nodules, stiff to very stiff CLAY, brown, w/ iron stains, ironstone nodules, and pebbles, very stiff SANDY CLAY, brown, w/ iron stains, ironstone nodules, and gravel, stiff - soft below 39'REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-3 CME-55 w/ CFA 11-5-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.5 DCLID Dredging Project Coppell, TX Seepage at 33' during drilling; water at 30' at completionSee Plate A.1 45.0' B-3 5 10 15 20 25 30 35 40 45 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 26 13 16 11 9 12 19 21 23 21 22 113 102 3210 1710 3.0 2.0 1.0 3.0 2.5 1.75 3.25 1.75 13 1.25 2.25 1.25 41 13 CONCRETE, 5 inches thick CLAYEY SAND/SANDY CLAY, brown, w/ ironstone nodules and calcareous nodules - w/ iron stains below 9' SAND, tan and brown, w/ gravel seams, medium dense SILTY CLAY, brown, w/ iron stains, ironstone nodules, calcareous nodules, and gravel, firm to stiff REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-4 CME-55 w/ CFA 11-5-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.6 DCLID Dredging Project Coppell, TX Seepage at 14' and cave-in at 40' during drilling; water at 15' and cave-in at 16' at completion See Plate A.1 45.0' B-4 5 10 15 20 25 30 35 40 45 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 44 72 28 51 21 20 21 25 23 21 18 17 18 19 101 114 2300 4.5+ 3.0 2.0 1.75 3.5 3.25 3.25 3.5 1.25 1.0 1.5 0.75 89 16 21 CONCRETE, 6.75 inches thick SANDY CLAY, brown, w/ iron stains, ironstone nodules, and calcareous nodules, stiff to very stiff - hard above 2' CLAY, dark brown, w/ iron stains, ironstone nodules, and calcareous nodules, very stiff SANDY CLAY, brown, w/ iron stains, ironstone nodules, calcareous nodules, and gravel, firm to stiff - soft below 39'REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-5 CME-55 w/ CFA 11-5-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.7 DCLID Dredging Project Coppell, TX Seepage at 20' during drilling; water at 18' at completionSee Plate A.1 45.0' B-5 5 10 15 20 25 30 35 40 45 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 30 60 16 43 20 14 13 8 8 11 17 19 22 20 21 18 110 5020 2.25 1.5 4.5+ 4.5+ 4.5 4.5+ 4.0 4.5+ 2.75 2.5 3.0 2.75 0.5 15 69 14 17 SANDY CLAY, dark brown, w/ ironstone nodules, stiff - hard below 2' SANDY SILTY CLAY, brown, w/ ironstone nodules, very stiff to hard - w/ iron stains and calcareous nodules below 14' CLAY, brown, w/ ironstone nodules and seams, and calcareous nodules, stiff to very stiff - w/ shale seams below 29' CLAYEY SAND/SANDY CLAY, brown, w/ iron stains, ironstone nodules, and shale seams SAND, tan and brown, medium dense REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-6 CME-55 w/ CFA 12-9-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.8 DCLID Dredging Project Coppell, TX Seepage at 15' during drilling; water at 17' at completionSee Plate A.1 45.0' B-6 5 10 15 20 25 30 35 40 45 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 47 40 31 25 31 18 26 23 22 20 20 21 21 21 24 104 104 108 5080 1930 0.5 1.5 2.0 2.5 2.5 2.5 4.5+ 2.0 2.5 2.75 1.0 1.0 17 19 65 16 15 SANDY CLAY, dark brown, w/ ironstone nodules, stiff - soft above 1' SILTY CLAY, brown, w/ iron stains, ironstone nodules, and pebbles, stiff - hard 9'-10' - w/ calcareous nodules below 14' SANDY CLAY, brown, w/ iron stains and ironstone nodules, firm SAND, tan and brown, medium dense REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-7 CME-55 w/ CFA 12-9-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.9 DCLID Dredging Project Coppell, TX Seepage at 14' during drilling; water at 14' at completionSee Plate A.1 45.0' B-7 5 10 15 20 25 30 35 40 45 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 72 54 19 17 21 21 28 28 115 94 2610 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 2.25 4.5+ 100/2.75" 100/2.25" 100/1.75" 92 18 CLAY, dark brown, w/ ironstone nodules and pebbles, hard - w/ iron stains and calcareous nodules below 9' - stiff below 14' SHALY CLAY, light reddish brown and gray, w/ iron stains, ironstone nodules, and calcareous nodules, blocky, hard SHALE, gray, moderately hard to hard REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-8 CME-55 w/ CFA 10-29-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.10 DCLID Dredging Project Coppell, TX Dry during drilling; dry at completionSee Plate A.1 35.0' B-8 5 10 15 20 25 30 35 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 66 48 49 30 24 19 17 13 30 20 20 113 117 109 20460 1980 2.75 4.5+ 4.0 4.5+ 4.5+ 4.5+ 4.5+ 3.25 1.0 1.25 100/2.75" 100/2.25" 53 17 18 CLAY, dark brown, w/ iron stains, ironstone nodules, and calcareous nodules, very stiff to hard - stiff above 1' - w/ gravel, FILL above 3' SANDY CLAY, brown, w/ iron stains, ironstone nodules, and gravel, firm SHALE, gray, moderately hard REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-9 CME-55 w/ CFA 10-29-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.11 DCLID Dredging Project Coppell, TX Seepage at 19' during drilling; water at 21.5' at completionSee Plate A.1 35.0' B-9 5 10 15 20 25 30 35 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 60 31 43 16 14 23 17 17 17 14 19 22 22 23 22 112 109 11200 2650 4.0 4.5+ 4.5+ 4.5+ 4.5+ 4.5 4.5+ 2.0 2.25 1.0 0.75 1.25 2.25 3.75 90 44 17 15 CLAY/SILTY CLAY, dark brown, w/ iron stains and ironstone nodules, very stiff to hard - stiff below 14' CLAYEY SAND/SANDY CLAY, brown, w/ iron stains and ironstone nodules REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-10 CME-55 w/ CFA 10-29-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.12 DCLID Dredging Project Coppell, TX Seepage at 21' during drilling; water at 22' at completionSee Plate A.1 45.0' B-10 5 10 15 20 25 30 35 40 45 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 43 52 27 36 12 12 14 23 19 24 21 25 24 21 22 103 100 7290 2660 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 3.5 4.25 2.5 3.5 1.75 2.5 4.25 3.0 86 16 16 SILTY CLAY, brown, w/ iron stains, ironstone nodules, and pebbles, very stiff to hard CLAY, brown, w/ iron stains, ironstone nodules, and calcareous nodules, stiff to very stiff - w/ shale seams below 29'REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-11 CME-55 w/ CFA 11-22-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.13 DCLID Dredging Project Coppell, TX Seepage at 20' during drilling; water at 32' at completion; water at 25' at end of day See Plate A.1 45.0' B-11 5 10 15 20 25 30 35 40 45 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 75 54 52 38 21 17 26 25 25 20 19 20 24 24 24 103 100 6190 4.5+ 3.0 3.0 3.5 3.0 2.75 2.0 3.0 3.5 2.5 1.75 3.0 3.75 94 23 16 SANDY CLAY, dark brown, w/ iron stains and ironstone nodules, very stiff to hard CLAYEY SAND, tan and brown CLAY, dark brown, w/ iron stains, ironstone nodules, and calcareous nodules, stiff to very stiff CLAY, brown, w/ iron stains, ironstone nodules, calcareous nodules, and pebbles, stiff to very stiff REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-12 CME-55 w/ CFA 11-22-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.14 DCLID Dredging Project Coppell, TX Seepage at 33' during drilling; water at 40' at completion; water at 33' at end of day See Plate A.1 45.0' B-12 5 10 15 20 25 30 35 40 45 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 60 55 41 38 17 11 5 15 17 19 20 21 21 20 26 26 121 106 110 5060 6300 3.25 3.5 1.5 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 2.75 3.5 3.0 3.0 3.5 3.75 93 19 17 SANDY CLAY, dark brown, w/ iron stains and calcareous nodules, very stiff SANDY CLAY, brown, w/ ironstone nodules and calcareous nodules, stiff - hard below 3' CLAY/SILTY CLAY, dark brown, w/ iron stains, ironstone nodules, calcareous nodules, and pebbles, hard CLAY, brown, w/ iron stains, ironstone nodules, and calcareous nodules, stiff to very stiff REC %PlasticityIndexBoring No. Location Stratum DescriptionDepth, Ft.CMJ 117-21-306 Water Observations Type SamplesLOG OF BORING NO. B-13 CME-55 w/ CFA 11-22-21 RQD %Blows/Ft. orPen Reading,T.S.F.Passing No 200Sieve, %LiquidLimit, %PlasticLimit, %MoistureContent, %Unit Dry Wt.Lbs./Cu. Ft.UnconfinedCompressionPounds/Sq. Ft.Project No. Project Completion Depth Completion Date Surface Elevation SymbolPLATE A.15 DCLID Dredging Project Coppell, TX Seepage at 35' during drilling; water at 38' at completion; water at 35' at end of day See Plate A.1 45.0' B-13 5 10 15 20 25 30 35 40 45 ENGINEERING INC.LOG OF BORING 117-21-306.GPJ CMJ.GDT 5/20/22 CMJ ENGINEERING, INC. PLATE A.20 FREE SWELL TEST RESULTS Project: DCLID Dredging Project Coppell, Texas Project No.: 117-21-306 Boring No. Depth Interval (ft.) Sample Description Liquid Limit Plastic Limit Plasticity Index Moisture Content % Percent Swell (%) LL PL PI Initial Final B-1 7 – 8 Clay 65 19 46 18.2 21.1 3.6 B-8 4 – 5 Clay 72 18 54 17.0 22.1 8.4 B-13 9 – 10 Clay 60 19 41 17.3 18.4 3.0 Free swell tests performed at approximate overburden pressure ATTACHMENT C Appendix H—Cut and Fill Options Appendix | Tree Removal Permit Application TREE REMOVAL PERMIT APPLICATION City of Coppell, Texas Date: December 15, 2023 Permit Number:_C) | { (p 4 (Issued by City upon approval) Property Location: 2951 Lake Vista Dr., Lewisville, Texas 75067 Applicant Name; Parker Moore, P.E., CFM - District Engineer Address: 3803 Parkwood Blvd, Suite 800, Frisco, TX 75034 Phone: 214.937.3953 Property Owner Name: Denton Creek Levee Improvement District No. 1 Contractor: TREE LOCATION/ID# SIZE (DBH) SPECIES REASON FOR ; ; . REMOVAL Vanws | ocetions Various \anous | Da nage Lavy ota ess Attach additional sheets as necessary. This application must be accompanied by a Plan or Preliminary Plat of the site. Proposed new development must attach a Tree Survey. | understand this application is subject to all rules and regulations pertaining to Section 34-11 of the Zoning Ordinance Code Book of the City of Coppell, Texas. Applicant Signature: WZ C- fe_— For Staff Use Only Geran LA he Ching _ Bale: |» Sy 1 2d27 f Comments: STR cCOonmeAys Del Ly. Fee Paid: — Receipt No. —_ Se This prject ul! PQ VN lee ty rathigedion . / lw proce LAth AnyineCnory.. TaqUAN ONS & {€40 1) ATNO NGIASY WISN Od “MOU ONE dated, 01 TWANSOIONI CFUAGISNOD 38 TWHS ONIONS “AIVSSIOIN st “ONIONSY AIVL ‘SAP OFLIALOY 3O ANN dG IHL ONNOY ‘OMIONSS ONY, TVHS Jt J ONY STGISIA AMGIA St 3dV.L BHL LVHL HONS SOVYD TWHALYN WOM 1334 YNOd 4O LHOISH ‘SSUL SHLNIHLIM S331 OFL9ILOUd TY DV 14 ATHVSID TIVHS MOLOVELNOD “y “SNLVWLS TEULDBLOMd YOI LL ONY Of SIGHS NO SEW. SIUL SHL OL NSIS "SINAWSUINOAY NOLLWAYSSSUd FIVE 'T NOISIAIO “ve TIOUAY ‘zh YWALAVHO TIddOD 40 ALID SH 4O SIONYNITUO 40 3D SHt AS H1NOS LIS SLN3WSYINOFY WOWININ 3HL OL Th 40 1334 05 Tv "BOT BNP NI GALONGNOD ABAUNS BML AMVNIAITSed - {Fla Eq 9/5 DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO, 1 DENTON CREEK DREDGING DENTON COUNTY, TEXAS ‘SALON 4334 NIaWwOS agus i) saassonsy | ‘ON3S931 mmacinat ro : uWire Psst aero Levee | po war Eeaah Meh AIO gusta a7 WiC ats he. ALVES ORSWOee SOL JONvaLN NOLLOTLENGS December 15, 2023, TIME: 11:43 AM, USER: andb78 AVO: 37396.004 FILE NAME: 15, 2023, TIME: 11:43 AM, USER: ehd278 AVO: 37396.004 rr % Nome = NG ak Tr a eA 4 forenrrrc} me) ne JOHLNOS do0) ———S hoe 5 | & | | @) ; d | “ | 18 | ; 4 | | v pees, i f 1 | | | | | Lh | z MATCHLINE STA 18400 ca x Zz bs 37 z a9 ® 8 2 m m 3 ” iS EVIL TSH SHLOL YAY “ft al vs aaa BSuL3AOWsHY "2G INN NI C3LONGNOD ASAUNS FSML “+ 1b ONY OL 108 CNY ‘ABSA OS NIHLIAA SSL (£934 NISIYOS: r ey L394 NITTVOS oS acct @ “SLN2NSHINDZY NOLLVAUAS3Ud JIU. 'Z NOISIAIG “ke TIOWLEY “Zt MALAVHO THaddO9 4O ALID AHL JO SSONWNICUO 40 3009 SHAG HLMOS 13S ‘SLAGINSMINOTY WNNININ BHL OL SNIOUOODY CaLDS.LOMd 3a TWHS SSLLIALSY “MOY ONT YETUd. OL “TWINSOIOM TAYACISNOS 38 TIVHS ONIONS ‘ONIONAA .b NILNIVW ONY VAIVOINTIML NIV FHL ONNOMY C3ddVuM NOSSIY AZAYNS LNIOSIVONTS “LHORE HLM G399V14 38 THM SAY) G2L93L0Nd BH. “ANOZ NOILOALOUd ‘BNOZ NOLWWOALOMd Aaa ‘AMVSSSOAN SI ‘ONIONS FAW “SIF, 0310310Nd JO SN1 diNd 3H GNNOUY TIWHS AMA SI 3dVt SH LWHL HONS 3dvwO WHNLWN WOYd 1339 UNO JO LHOIH ‘BIULL FHL NIHLIM SIFU. OFLOILONd Th OV 1d ATEYSIO TIVHS HOLOVYINOD “F ARAGA #8 3 7D [liso Toes alee" i i i 5 Al : anh DENTON COUNTY LEVEE ty is é 2 38a sf ad Bil if anu 2 Poe half IMPROVEMENT DISTRICT NO. 1 o| $5 alge HK z= A te te: DENTON CREEK DREDGING ~~ ket 2 it FORT WORTH, TEXAS 76337-2720 : E ile ai 3 Z faerie ek DENTON COUNTY, TEXAS H at sat 7 z 2 ; December 15, 2023, TIME: 11:43 AM, USER: ah4978 AVO: 37398.004 FILE MATCHLINE STA 8400 Pero county Levecmrrernystiat oT HiT i 7 toot Ferwet SF ETE Rog NEUETON To 7-60 m09 Hoo, 2o+00 ato FLOOD CONTROL | Es LEGEND: DX REMOVE TREE @) REETAGID NOTES: DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 14 DENTON CREEK DREDGING DENTON COUNTY, TEXAS 2601 MEACHAM BLVD SUITE 600 FORT WORTH, TEXAS 76127-2720 TEL (BI) 847-1422 Description Revision No. | Dale PRELIMINARY iu 2 » TREE SURVEY CONDUCTED IN JUNE 2022, ALL DESIGNATED PROTECTED TREES WITHIN SO FEET ACTIVITIES SHALL BE AGCORDING TO THE MINIMUM REQUIREMENTS: SET FORTH BY THE CODE OF ORDINANCES OF THE CITY OF COPPELL CHAPTER 12, ARTICLE 34, DIVISION 2, TREE PRESERVATION REQUIREMENTS. . REFER TO THE TREE TABLE ON SHEETS 10 AND 11 FOR PROTECTED STATUS. L CLEARLY FLAG ALL TREES WITHIN THE TREE PROTECTION ZONE, THE PROTECTED TREES WILL BE FLAGGED WITH BRIGHT, FLUORESCENT SURVEY RIBBON WRAPPED AROUND THE MAIN TRUNK AT A HEIGHT OF FOUR FEET FROM NATURAL GRADE SUCH THAT THE TAPE IS VERY VISIBLE TO CONSTRUCTION WORKERS AND EQUIPMENT OPERATORS, IF THE ‘AND MAINTAIN 4° FENCING AROUND THE DRIP LINE OF PROTECTED TREES. TREE FENCING, IF L ‘TO "PREPARING ROW", FOR INTERIM REVIEW ONLY Project Nox 37396.004 (issued: 12sradas [Crown By. -ECG checked By: TEL | Scale: ‘AS NOTED thet Title TREE PLAN {3 GF 3) 9 ATTACHMENT D