DR9601-CN 960625 CONSTRL'CTION SPECIFICATIONS
-'- AND
CONTRACT DOCUMENTS
FOR THE
STORM DRAINAGIL 1 MPROVILMENTS
GATEWAY BUSINESS PARK
COPPEI.I.. TEXAS
. _ FOR
CATE[.LUS DEVELOPMENT CORPORATION
prepared by:
Hx, A, LFF ASSOCIATES. INC.
8616 NORTHWEST PLAZA \)RIVE
DALLAS. TEXAS 75225
ENGINEERS
LANDSCAPE ARCHITECTS ~.~
APRIL 19gb -;..
April 1996
AVO 15315 - Contract
TO: BIDDERS
RI!: STORM DILMNAGE IMPROVEMENI'S
LOT 1R. BI.OCK 2. GATEWAY BUSINESS PARK
COPPELL, TEXAS
Gentlemen:
We enclose herewith Drawings and Specifications for Storm Drainage Improvements, Lot
IR. Block 2, Gateway Business Park. We request your bid on this work in accordance with the
enclosed instructions. If we may furnish additional information, please do not hesitate to call Mrs.
M. Cristina Gonzalez-Criado at (214) 739-0094.
Bids will be received by the Ciw of Coppell in the Purchasim, Office at the Ciw of Coppell.
City Hall. 255 Parkway Boulevard. P.O. Box 478. Coppell. lexas 75019. until 10:00 AM; June 10.
1996. and then at said office publicly opened.
TABLE OF CONTENTS
BIDDING AND CONTR~:kCT DOCUMENTS
00100 Notice to Bidders
00110 Instruction to Bidders
00140 Proposal Form
Bid Form
Agreement
Performance Bond
Payment Bond
Certificate of Insurance
General Conditions
00232 Supplementary Conditions
00640 Labor Classification and Minimum Wage Scale
GENERAL REQUIREMEN-I'S
01001 General Project Requirements
01104 Protection of the Environment
01300 Submittals
01401 Testing Laboratory Sen'ices
01501 Survey
SITE WORK
02110 Clearing and Grubbing
02210 Excavation. Backfill and Grading
02270 Grass Seeding for Slope Protection and Erosion Control
02720 Storm Se~ er
TRENCH EXCAVATION PROTECTION
03001 Trench Safety Systems
SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR CONSTRUCTION
A - Soil Investigation Data
B - Change Order. Pa'.,' Request. and l.ien Release Forms
C - Contract Addenda
D - Construction Drawings I, Attached Separately-)
DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS
DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS
SECTION 00100 - NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent. City of Coppell, Texas. ibr Storm Drainage
Improvements. Lot 1R. Block 2. Gateway Business Park. Coppell, lexas will be received in the
Purchasing Office at the City of Coppell City Hall, 255 Parkway Boulevard. P.O. Box 478.
Coppell. Texas 75019, until 10:00 AM on June 10. 1996. and then publicly opened and read
aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No.
005-96-02 designated clearly on the exterior of the bid envelope.
Bidders must submit, with lheir bids, a cashier's, or certified check in the amount of five percent
(5%) of the maximum amount bid. payable without recourse to the City of Coppell. Texas. or a Bid
Bond in the same amount from an approved Surety Company (according to the latest list of
companies holding certificates of approval bv the State Board of Insurance under 7.19-1 of the
Texas Insurance Code) as guarantee that the Bidder will enter into a contract and execute bond and
guarantee Ibrms provided within fourteen (14) days after award of contract to him.
]'he successful Bidder must furnish Performance and Payment Bonds each in the amount of 100%
of the contract price from an approved Surety Company holding a permit from tile State of Texas.
to act as Surety and acceptable according to the latest list of companies holding certificates of
approval from the State Board of Insurance under 7.19-1 of the Texas Insurance Code. The
successful bidder must also be able to show evidence that it is authorized to do business in thc
State of Texas prior to executing the contract.
Instructions to Bidders. Proposal Forms, Specifications. Plans and Contract Documents may be
obtained at the office of Halff Associates, Inc., 8616 Northwest Plaza Drive, Dallas. Texas 75225.
for a S50.00 non-refundable fee.
All unit prices must be stated in both script and figures, i'he Owner reserves the righl to reject any
or all bids and to waive Ibrmalities. In case of ambiguity or lack of clearness in stating the price in
the bids the Ox~ner reserves the right to consider the most advantageous construction thereot: or to
rQect thc bid. Unreasonable or unbalanced unit price will be considered sufficient cause of
rejection of any bid or bids. NO BID TRANSMITTED BY FAX WILE. BE ACCEPTED.
Bidders are expected to inspect the site of the work and to inform themselves regarding local
conditions and conditions under which the work is to be done.
Attention is called to the provisions of the Acts of the 43rd Legislature of the Slate of 'l'exas and
subsequent amendments concerning the wage scale and payment of prevailing wages specified.
Prevailing wage rate will be established by the City of Coppell ibr this prqiect. All bidders must
comply with the rules and regulations for the Americans with Disabilities Act of 1990.
Complete sets of bidding documents must be used in preparing Bids: neither the City of Coppell or
the preparer, ilalff Associates. Inc.. assume any responsibility for errors or misinterpretations
resulting frmn the use of incomplete sets of Bidding Documents.
SECTION 00100 - NOTICE TO BIDDERS PAGE I
DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS
SECTION 00110 - INSTRUCTIONS TO BIDDERS
1. Defined Terms.
1.1 Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (EJCDC No. 1910-8. 1983 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid
directly to Ox~ner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom
Owner (on the basis of Owner's evaluation and recommendation by the Engineer as hereinafter_ _
provided) makes an award. The term "Bidding Documents" includes the invitation to Bid,
Instructions to Bidders. the Bid Form. and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
1.2 Owner: Wherever the word "O~,¥NER" is used in the specifications and contract
documents, it shall be understood as referring to the City of Coppell, Texas.
1.3 Engineer: Wherever the word "ENGINEER" is used in the specifications and contract
documents, it shall be understood as referring to the CITY ENGINEER or his authorized
representative, City of Coppell. P.O. Box 478, Coppell. Texas 75019.
1.4 Project Engineer: Wherever the word "Project Engineer" is used in the specifications and
contract documents, it shall be understood as referring to "HALFF ASSOCIATES. INC."
1.5 Inspector: lhe authorized representative of the City of Coppell assigned to observe and
inspect any or all parts of the work and the materials to be used therein.
Non-Compensated Contract Administrator: Catellus Development Corporation. 4545 Fuller Drive,
Suite 100. Irving, Texas 75038.
2. Scope of Work.
This project is located within and adjacent to Gateway Business Park in the City of Coppell,
lexas. Perform Drainage Improvements as shox~n on the construction drawings and described in
these construction specifications and contract documents including amendments, addendums and
attachments.
3. Copies of Bidding Documents.
3.1 Complete sets of the Bidding Documents may be obtained from the Engineer at the offices
of Halff Associates, Inc.. 8616 Northxvest Plaza Drive. Dallas. Iexas. Complete sets of plans and
specifications may be examined without charge in the offices of the City Engineer, City of Coppel!.
255 Parkxvay Boulevard. Coppell. Texas. A deposit will be required for each set of drax~ings and
specifications as folloxvs:
SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE I
A) Bidders may purchase sets of Bidding Documents for a $50.00 per set. non-
refundable.
B) After axvard of the contract, the Successful Bidder will be furnished five (5) sets of
Contract Documents. Additional sets over five (5) will be furnished for $50.00 per
set, non-refundable.
C) Subcontractors and Suppliers may purchase Bidding Documents for $50.00 per set.
non-refundable.
3.2 Complete sets of Bidding Documents must be used in preparing Bids: neither Owner nor
Engineer assume any responsibility Ibr errors or misinterpretations resulting Ii-om the use of
incomplete sets of Bidding Documents.
3.3 Ox~ner and Engineer in making copies of Bidding Documents available on the above terms
do so only/hr the purpose of obtaining Bids on the Work and do not confer a license or grant tbr
any other usc.
4. Qualifications of Bidders.
The Bidder shall submit within five (5) days of the Owner's request such evidence as the
Owner may require to establish his financial responsibili~', 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 or} but shall not necessarily be limited to. the
following:
4.1 Current Project Experience. A list of all projects presently under construction by the Bidder
including approximate cost and completion date shall be submitted upon request.
4.2 Past Project Experience. ]'he Bidder shall submit a list of comparable projects completed
within the previous five years including approximate cost(s), quantities, and completion date(s).
4.3 Equipment. The Bidder shall provide a list of equipment which will be used on this
project.
]'he Bidder shall demonstrate that he has adequate equipment to complete this project.
properly and expeditiously and shall state what additional equipment, if an3'. that he must rent:lease
as may be required to complete this project.
4.4 Einancial.' Each Bidder shall be prepared to submit upon request of the Owner a balanced
financial statement xxith no evidence of threatening losses as evidenced by an andJted certified
financial statement (current within the last six (6.1 months of bid date). This information will be
used to confirm that the Bidder has suitable financial status to meet obligations incidental to
pcrlbrming the xx ork.
4.5 Technical Experience. The Bidder shall demonstrate to the satisfhction of thc Owner that
he has the technical experience to properly complete this project.
SliCTION 00110 - INS'IRUC'I'IONS 'I'O BIDDERS PAGE
4.6 Proof that the Bidder maintains a permanent place of business.
5. Conflict of Interest.
City Charter states that no officer or employee of the City shall have a financial interest,
direct or indirect, in any' Contract with the City. nor shall be financially interested, directly- or
indirectly', in the sale to the City of any' land. or rights or interest in any land. materials, supplies or
sen'ices. This prohibition does not apply when the interest is represented by ownership of stock in
a corporation involved, provided such stock ownership amounts to less than one percent (1%) of
the corporation stock. An)' violation of this prohibition will constitute malfeasance in office. Any
officer or employee of the City found guilty thereof should thereby forfeit his office or position.
An)' violation of this prohibition with the knowledge, expressed or implied, of the persons or
corporations contracting with the City shall render the contract voidable by the City Manager or the
City Council. Thc Contractor represents that no employee or officer of the City has an interest in
the Contractor.
6. Examination of Contract Documents and Site.
6.1 Access to the site shall be from Gateway Boulevard. Prospective Bidders shall respect all
improvements. It is the responsibility of each Bidder before submitting a Bid. to (a) examine the
Contract Documents thoroughly. (b) visit the site to become familiar with local conditions that may
affect cost. progress, performance or furnishing of file Work. (c) consider federal, state and local
Laxvs and Regulations that may affect cost. progress, performance or furnishing of the Work. (d)
study and carefully correlate Bidder's observations with the Contract Documents, and (e) notil~.-
Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these
examinations shall in no way relieve any Bidder from the responsibility- of fulfilling all of the terms
of the contract, without additional cost to the O\\ .'NER.
6.2 Reference is made to thc Supplementary Conditions for identification of:
6.2.1 Those repons of explorations and tests of subsurface conditions at tile site which have been
utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy
of the technical data contained in such reports but not upon non-technical data, interpretations or
opinions contained therein or for the completeness thereof for the purposes of bidding or
construction.
6.3 Information and data reflected in the Contract Documents with respect to Undergrnund
Facilities at or contiguous to the site is based upon inibrmation and data furnished to O````ner and
Engineer by Owners of such Underground Facilities or others, and Owner and Engineer does not
assume responsibility for the accuracy or completeness thereof.
6.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders on subsurface conditions, L'nderground Facilities and other physical conditions, and
possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2
and 4.3 of the General Conditions.
6.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain an,,'
additional examinations, investigations, explorations, tests and studies and obtain any additional
SECTION 00110 - IN STRUCI'IONS TO BIDDERS PAGE 3
information and data which pertain to the physical conditions (surlhce, subsurlhce and
Undergrom~d Facilities.) at or contiguous to the site or otherwise which ma)' afl'ect cost, progress,
performance or furnishing of the Work and which Bidder deems necessary to determine its Bid fbr
performing and furnishing the Work in accordance with the time, price and other terms and
conditions of the Contract Documents.
6.6 On request in advance, Owner will provide each Bidder access to the site to conduct
explorations and tests as each Bidder deems necessary lbr submission of a Bid. Bidder shall fill all
holes, clean up and restore the site to its tbrmer conditions upon completion of such explorations.
6.7 The lands upon which the work is to be pertbrmed, rights-of-way and easements for access
thereto and other lands designated for usc by Contractor in performing the Work are identified in
thc Contract Documents.
6.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with eyeD' requirement of this Article 6, that without exception the Bid is
premised upon perlbrming and furnishing the Work required by the Contract Documents and such
means, methods, techniques, sequences or procedures of construction as may be indicated in or
required by thc Contract Documents, and that the Contract Documents are sufficient in scope and
detail to indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
7. Interpretations and Addenda.
7.1 All questions about the meaning or intent of the Contract Documents are to be directed to
Engineer. Interpretations or clarifications considered necessaD' by Engineer in response to such
questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as
having received the Bidding Documents. Questions received less than five days prior to the date
for opening of Bids may not be answered. Only questions answered by formal xwitten Addenda
will be binding. Oral and other interpretations or clarifications will be without legal effect.
7.2 Addenda may also be issued to modil3' the Bidding Documents as deemed advisable by
Oxvner or Engineer.
7.3 Each Bidder shall acknowledge on the Bid Proposal, that all addenda have been received.
8. Bid Securi~'.
8.1 l-"ach Bid must be accompanied by Bid seoarity made payable to O~xner in an amount of
five percent of the Bidder's maximum Bid 15rice and in the form of a certified or bank check or a
Bid Bond (on fom~ attached, ifa fom~ is prescribed) issued by a surety meeting the requirements of
Paragraph 5.1 of the General and Supplemental Conditions.
8.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed
thc Agreelnent and furnished the required contract security, whereupon the Bid security will be
returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the
required contract security within fourteen (14) days after the Notice of Award. Owner may annul
the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other
SECTION 00110 - INSTRUCTIONS TO BIDDERS P:\(iE 4
Bidders whom Ox~ner believes to have a reasonable chance of receMng the award may be retained
by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the tbrty-
sixth day after the Bid opening, where upon Bid security furnished by such Bidders will be
returned. Bid security- with Bids which are not competitive will be returned within seven days after
the Bid opening.
9. Contract Time.
The time for Completion is to be set forth by the Bidder in the Bid and will be included in
the Agreement. The time will be taken into consideration by Ox~ner during the evaluation of the
Bids, and it will be necessary for the successful Bidder to SatisP,,- Owner of Bidder's ability to
achieve Completion within the time designated in the Bid. The contract time shall commence five
(,5) calendar days after the date of the Notice to Proceed.
10. Penalties and Incentive Bonuses
Provisions for penalties and incentive bonuses, are set forth in the Agreement.
11. Substitute or "Or-Equal" Items.
The Contract, if awarded, will be on the basis of materials and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or
"or-equal" items. Whenever it is indicated in the Draxx4ngs or specified in the Specifications that a
substitute or "or-equal" items of material or equipment may be fi~rnished or used by Contractor if
acceptable to Engineer. application for such acceptance will not be considered by Engineer until
after the Effective Date of the Agreement. The procedure tbr submission of any such application
by Contractor and consideration by Engineer is set forth in Paragraphs 6.7.1, 6.7.2 and 6.7.3 of the
General Conditions and may be supplemented in the General Requirements. No substitutions shall
be considered in the Bid process.
12. Subcontractors, Suppliers and Others.
12.1 If the Owner requests the identity of any Subcontractors, Suppliers or other persons or
organizations to be submitted to Ox~ner in advance of the specified date prior to the Effective Date
of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within
seven days after the request submit to Owner a list of all such Subcontractors, Suppliers and other
persons and organizations proposed for those portions of the Work for which such identification is
requested. Such list shall be accompanied by an experience statement with pertinent information
regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier.
person or organization if requested by Owner. If Ox~ner or Engineer after due im-estigation has
reasonable objection to an3' proposed Subcontractor. Supplier. other person or organization, either
ma3, before the Notice of Axvard is given request the apparent Successful Bidder to submit an
acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable
substitute, that Bidder's Bid price may be increased (or decreased) by the di/l~rence in cost
occasioned by such substitution and Oxvner may consider such price adjustment in evaluating Bids
and making the contract award.
If apparent Successful Bidder declines to make any such substitution, Owner may axvard the
SECI'ION 00110 - INS'I'RUC'I'tONS TO BIDI)EP, S PAGE 5
contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and
other persons and organizations. ]'he declining to make requested substitutions will not constitute
grounds tbr sacrificing the Bid security of any Bidder. Any Subcontractor. Supplier, other person
or organization listed and to whom Owner or Engineer does not make xwitten objection prior to the
gMng of the Notice of Award will be deemed acceptable to Ox~er and Engineer subject to
revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph
6.8.2 of the General Conditions.
12.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or
organization against whom Contractor has reasonable objection.
13. Bid Form.
13. l Ywo (2) completed Bid Forms, included with these instructions, must be submitted in a sealed
envelope as described in Item 15 "Submission of Bids". The blank spaces in the Bid Form shall be
filled in for each item tbr which a quantity is given and the Bidder shall state the price lbr which he
proposes to do each item of work. All blanks on the bid form must be completed in ink or by
typewriter. Each page of the Bid Form shall be signed in ink by the person or persons making or
authorized to make a bid. Proposal forms are to be left attached to documents in the same manner
as received by bidders.
13.2 The legal status of the Bidder. that is. as a corporation, partnership, or individual, must be
stated in the Bid Form. A corporation Bidder must name the state in which the organization is
chartered.
13.3 If the bid is made by an individual, his post office address shall bc given. Bids which are not
signed by the indMduals making them shall have attached thereto a power of attorney evidencing
authority to sign the bid in the name of thc person for whom it is signed.
13.4 If the bid is made by' a firm or partnership, the name and post office address of the managing
member of the firm or partnership shall be given or the bid may be signed by an attorney-in-fact. If
signed by an attorney'-in-fact, there shall be attached to the bid a poxver of attorney evidencing
authority.- to sign the bid. executed by- the members of the firm or partners.
13.5 Bids which are signed for a corporation shall have the correct corporate name thereof, its post
office address and the signature of the president or other authorized officer of the corporation.
manually xwitten below the corporate name in the fbllowing manner: "By "
13.6 The Bidder's bid must include a completed Bid Form. Any bid received which does not
include an amount for each item in the Bid Form may be rejected.
13.7 All names must be typed or printed beloxx the signature.
13.8 The Bid shall contain acknoxvledgement of receipt of all addenda. (/he numbers of which
must be filled in on the Bid Form'}.
13.9 The address and telephone number for communications regarding thc bid must be shoxvn.
SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 6
14. Estimates of Quantities.
The quantities listed in the Bid Form will be considered as approximate and will be used for
the comparison of bids. Payments will be made to the Contractor only for the actual quantities of
work pertbrmed or materials furnished in accordance with the contract. The quantity of work
performed and the materials required may be increased or decreased as provided for in the Contract
Documents.
15. Submission of Bids.
Sealed Bids shall be addressed to the Purchasing Agent, Cit.',' of Coppcll, Texas. and shall be
received in the Purchasing Office at the Cit.`,- of Coppell, Cit.`,' Hall, 255 Parkway Boulevard. P.O.
Box 478, Coppell, Texas 75019. Bids shall be submitted at the time and place indicated in the
Notice to Bidders and shall be enclosed in an opaque sealed envelope (enclosed.I. marked with the
Project title, the City of Coppell Bid No. indicated in the Notice to Bidders, and name and address
of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent
through the mail or other &liveD' system the sealed envelope shall be enclosed in a separate
envelope with the notation "BID ENCLOSED" on the face of it.
16. Modification and Withdrawal of Bids.
16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered to thc place where Bids are to be submitted at
an.`,-time prior to the opening of Bids.
16.2 If. within twenty-four hours after Bids are opened, any Bidder files a duly signed, written
notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner
that there was a material and substantial mistake in the preparation of its Bid. that Bidder may
withdraw its Bid and the Bid security will be returned. Thereafter. that Bidder will be disqualified
from further bidding on the Work to be provided under the Contract Documents.
17. Rejection of Bids.
Bids may be rqiected if they show alterations of tbrm, additions not called for, conditional
bids. incomplete bids, erasures or irregularities of any kind. Bids containing any condition which
provides for changes in the stated Bid prices due to increase or decrease in the costs of materials.
labor or other items required for this project, may be rejected and returned to the Bidder without
being considered. -[he Owner reserves the fight to waive any irregularities in the bids as received
'and to reject an.`,' and all Bids without qualification!.s.!. More than one Bid from an individual, firm
or partnership, corporation or association, under the same nr diftkrent names, will not be
considered. Reasonable grounds for believing that a Bidder is interested in more than one such Bid
may cause the rqicction of all Bids in which said Bidder is interested. Bids in which prices arc
obviously unbalanced may be rejected.
SECTION 00110 - INSTRUCI'IONS TO BIDDERS PAGE 7
18. Opening of Bids.
Bids will be publicly opened and read aloud. An abstract of the amounts of the base Bids
and major alternates (if any) will be made available to Bidders after the opening of Bids, and may
be obtained f¥om the office of Halff Associates.
19. Bids Io Remain Subject to Acceptance.
All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid
opening, but Oxx~er max'. in its sole discretion, release any Bid and return the Bid security prior to
that date.
20. Award of Contract.
20.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to
negotiate contract terms with the Successful Bidder. Oxxner also reserves the right to reject all
nonconforming, noaresponsive, anbalanced or conditional Bids. Also, Oxxner reserves the right to
reject the Bid of any Bidder if Ox~er believes that it would not be in the best interest of the Project
to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is
unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria
established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be
resolved in fhvor of the unit prices. Discrepancies between the indicated sum of any column of
figures and the correct sum thereofxvill be resolved in tarot of the correct sum.
This Contract and all obligations hereunder may be assigned, without recourse, to another
Owner. Upon such assignment, the City of Coppell shall be forever released from any further
obligation under this Contact and the Comractor shall look solel.v to the new Owner ibr any and all
obligations then remaining under the Contract.
Assignment shall not be made unless and until the new Oxxncr has demonstrated its ability
to assume the financial obligations of the City of Coppcll under this Contract.
20.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the
Bids comply with the prescribed requirements, and such alternates, unit prices, completion time.
and other data. as may be requested in the Bid Form or prior to the Notice of Award.
20.3 Owner may consider the qualifications and experience of any Subcontractors, Suppliers. or
other persons or organizations proposed lbr those portions of the Work as to which thc identity of
Subcontractors, Suppliers. and other persons and organizations must be submitted as requested by
the Owner. Owner also may consider the operating costs, maintenance requirements, performance
data and guarantees of major items of materials and equipment proposed tbr incorporation in thc
X, Vork when such data is required to be submitted prior to the Notice of Award.
20.4 Ox~ner may conduct such investigations as Ox~ner deems neccssan.' to assist in the
evaluation of any Bid and to establish the responsibility, qualificatkms and financial stability of
Bidders. proposed Subcontractors. Suppliers and other persons and organizations to perform and
fhmish the Work in accordance with the Contract Documents to Ox~ner's satisfaction within the
SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 8
prescribed lime.
20.5 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder
whose evaluation by Ox~ner indicates to Owner that the award will be in the best interests of the
Projecc
20.6 If the contract is to be awarded. Owner will give the Successful Bidder a Nutice of Award
within Ibrty-five days after the date of the Bid opening.
21. Contract Security.
Paragraph 5.1 of the General Ccnditions and the Supplementary Conditions set forth
Owners's requirements as to Performance and Payment Bonds. When the Successful Bidder
delivers the executed Agreement to Owner, it must be accompanied by' the required Per/brmance
and Payment Bonds. each in the full amount of the contract price, naming the City of Coppell as
obligee.
A Maintenance Bond or Bonds acceptable to the City: of Coppell in the amount of rifty 1'50.}
percent of the total contract price will be provided to the City of Coppell by the Contractor and
... shall remain in effect until two (2) years after the date of completion. The cost of all Bonds shall be
included in the contract sum.
22. Execution of Agreement.
When Oxxaaer gives Notice of Award to the Successful Bidder, it will be accompanied by
the five (5) copies of unsigned counter parts of the Agreement with all other written Contract
Documents Attached. Within fourteen (14) day.'s thereafter the Successful Bidder shall execute and
furnish to the Oxvner five (5) original signed contracts, the required Bonds, and Certificate of
Insurance. If. within Iburteen (14) day's after Notice of Award of the contract to the Successthl
Bidder by the Owner the Successful Bidder has not provided the five (5) copies of the executed
contract documents, the Owner may, at its sole discretion, declare the award of the contract null and
void and upon such declaration, such award shall be null and void. and the contract may be
awarded to thc next loxvest responsible bidder.
The Pertbrmance Bond. Payment Bond and Maintenance Bond are to be furnished as a
guarantee of the faithful performance of the work, for the protection of the claimants for labor and
materials, and maintenance of work for two (2) y'ears after acceptance by the Owner.
The Certificate of Insurance is to be furnished as a guarantee that the Bidder is covered by
insurance as rt/quircd by the Contract Documents.
23. Affidavit of Bills Paid.
Thc Contractor shall submit a fully executed \Vaiver of Lien - Partial. with each pay-mcnt
request and prior to final acceptance of this project by the Owner. the Contractor shall execute an
afridavit that all bills for labor, materials, and incidentals incurred in the project construction have
been paid in lhll. and that there are no claims pending.
SECTION 00110 - INSI'RUCTIONS TO BIDDI'.'RS PAGE 9
24. Notice to Proceed.
Upon execution of Bonds and Contract. the Owner will issue a written Notice to Proceed to
thc Contractor requesting that he proceed with the construction. '[he Contractor shall commence
work within five 1,51} days after the date of Notice to Proceed.
25. Construction Schedule.
Prior to Award of Contract, the Contractor shall submit a detailed Progress and
Construction Schedule Chart demonstrating to the Owner the capability of the Contractor to
complete the work within the bid contract time. The contractor shall have sufficient manpoxver and
equipment resources to meet the construction schedule.
26. Silence of Specification.
The apparent silence of these specifications or the North Central ]-exas Council of
Governments Standard Specifications for Public Work Construction as to any detail or to the
apparent omission from it of a detailed description concerning any point, shall be regarded as
meaning that only the best commercial practices are to prevail. All interpretations of these
specifications shall be made on the basis of this statement by Owner or their authorized
representative.
27. Change Orders.
No oral statement of any- person shall modify or otherwise change, or affect the terms.
conditions or specifications stated in the resulting contract. All change orders to thc contract will
be made in writing by the Owner, using the fbrm contained in Appendix B.
28. Assignment.
The Succcssfifl Bidder shall not sell, assign, transfer or convey this contract, in whole or in
pan, without the prior x~itten consent of Owner.
29. Patents - Copyrights.
The Successful Bidder agrees to protect Owner fi-om claims involving infringements of
patents anc[~or copy'rights.
30. Retainage.
Provisions concerning retainage and Contractors' rights to deposit securities in lieu of
retainage are set forth in the Agreement.
31. Venue.
This agreement will be governed and construed according to the laws of the State of Texas.
This agreement is performable in Dallas County. Texas.
SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 10
32. Lump Sum Items.
The contractor shall submit a breakdo~x~ of the quantities and unit prices that comprise any
major lump stun item (greater than $10,000). These unit prices max' be used bx' the oxxner to
increase or decrease an3' quantity within the lump sum item.
33. Permit Fees and Bonds
The contractor shall be responsible for the payment of all Permit Fees and Bonds associated
with this project. The cost of all fees and bonds shall be included in the contract sum.
34. Bid Compliance.
Bid must comply with all Federal, State, CounLv and kocal kaws. Contractor shall not hire
or xvork an3' illegal alien.
35. Taxes, Permits and Licenses.
The Contractor shall obtain and pa3' for all licenses, permits, and inspections required for
the x~ ork.
'fhe Contractor shall pay all appropriate sales taxes, excluding materials permanently
retained by the City of Coppell, franchise taxes, income taxes, gross receipts taxes, and other
business or occupation taxes imposed upon the Contractor.
36. State Sales lax.
lhe ()xxner qualifies for exemption from State and kocal Sales and Use Ia.xes pursuant to
the provisions of the Iexas Tax Code (Iitle 2, Chapter 141. Subsection 151.309). See Important
Notice to Contractors provided herein.
o0o
SECTION 00110 - INS/RUCTIONS TO BIDDERS PAGE 11
IMPORTANT NOTICE TO CONTP, ACTORS
Sales and Use Tax on Materials
Used in im~rcvemen~s to Realty
-- The Contractor's attention is directed to State Comptroller's Rule 3.29!, para?a2hs
(a) (!), defining separated contracts, subsection (b)(3) discussing separated
contracts, and subsection (c) discussing exempt ccn~racts. Reference: Texas Tax
Cote, Chapter !51.
Contractors should note those organizations in subsection (c) that the rule shows as
being exempt to sales and use tax no longer qualify for the exempticn. The rule
states that contractors improving realty for organizations listed in Texas Tax Code
151.309 ano 151.3i0 are exempt from tax. Due to passage of Mouse Bill !!, First
Special Session, 72nd Legislature, THIS IS NO LONGER TRUE, EFFECTIVE WITH CONTRACTS
WHICH WERE BID ON OR AFTER AUGUST 15, 1991.
Only those contracts wi~'h school districts and nonprofit hospitals
qualify for the exemption discussed in subsection (c) of Rule 3.291.
The Comptroller is amending the rule to reflect this change.
If the bidder elects to operate under a separated contract as defined by Rule 3.29!
by obtaining the necessary permit or permits from the State Comptroller's office
allowing the purchase of materials for incorporaticn in this project withou~ having
to pay the Limited Sales and Use Tax at the time of purchase, the bidder shall
identify seoara~ely from all other char~es the ~otal agreed contract price for
materials incorporated into the project. This shai~ be accomplished by the bidder
fillin§ out ~he attached "Statement of Materials and Other Charges" form a~d
returning i~ with the bid documents. To~ai materials shall only include materials
physically incorporated into the realty. Failure to include this form with the bid
will result in ~he Con%factor being liable for all sales and use tax.
if the Contractor operates under a "separated contract," t~e 3epartment will furnisk
the Con~ractor with an exemption certificate for the applicable materials.
In order to comply with the requirements of Rule 3.29! as mentioned above, it will be
necessary for the Contractor to obtain a sales tax permit.
It will also be necessary that the Contractor issue resale certificates %o his
suppliers.
Sales tax application for a sales tax permit and information regarding resale
certificates may be obtained by writing to:
Comptroller of Public Accounts
Capitol Station
Austin, Texas 78774
The Contractor ~ay also receive information or request sales tax permit applications
by calling the State Comptroller's toll free numoer 1-~G0-252-5555.
Subcontractors are eligible for sale tax exemption if t~e subcontract is made in such
manner that the charges for materials is separated from all other charges. The
procedure oescribed above will effect a satisfactory separation. When subconzraczs
are handled in this manner, the Contractor must issue a resale certificate to the
subcontractor ant the subcontractor in turn must issue a resale certificate to his
supplier.
I DIVISION 0 BIDDING AND CONTRACT DOCUMENTS
SECTION 00140 - BID FORM
I PROJECT IDENTIFICATION:
I Storm Drainage Improvements, Gateway Business Park in the City of Coppell, Texas.
BIDOF '"]~/ --"]'-~-t/x ~oo~~. ._~ . DATE ~'"/O- ~d/.
i (NAME OF FIRM)
CITY OF COPPELL IDENTIFICATION NUMBER:
I THIS BID IS SUBMITTED TO: Civ,.' of CoplSelI (hereinafter 6alled OWNER)
c/o Purchasing Agent
255 Parkway Boulevard, P.O. Box 478
I Coppell, Texas 75019
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
I agreement with OWNER in the form included in the Contract Documents to perform and furnish
all Work as specified or indicated in the Contract Documents for the Contract Price and within the
Contract Time indicated in this Bid and in accordance with the other terms and conditions of the
Contract Documents.
I 2. BIDDER accepts all of the terms and conditions of the Invitation to Bid and Instructions to
Bidders, including without limitation those dealing with the disposition of Bid securi~. This Bid
I will remain subject to acceptance for forty-five days after the day of Bid opening. BIDDER will
sign and submit the Agreement with the Bonds and other documents required by the Bidding
Requirements within fourteen (14) days after the date of OWNER's Notice of Award.
I 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a) BIDDER has examined copies of all the Bidding Documents and of the following
I Addenda (receipt of all which is hereby acknowledged):
NO.:
I DATE:
i REC'D:
(b) BIDDER has familiarized itself with the nature and extent of the Contract
Documents, Work, site, localiD', and all local conditions and Laws and Regulations that in any
I manner affect cost, performance or fumishing of the Work.
may
progress,
(c) BIDDER has studied carefully all reports and drawings of subsurface conditions
Iand drawings of physical conditions which are identified in the Supplementary' Conditions as
provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in
paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in
Isuch reports and drawings upon xvhich BIDDER is entitled to rely.
I
I SECTION 00140 - BID FOILM PAGE 1
/
(d) BIDDER has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations, tests and
studies (in addition to or to supplement those referred to in (c) (above) which pertain to the
subsurface or physical conditions at the site or otherx~4se may affect the cost, progress, performance
or furnishing of the Work as BIDDER considers necessaD,' for the performance or furnishing of the
Work at the Contract Price, within the Contract Time and in accordance a4th the other terms and
conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the
General Conditions; and no additional examinations, investigations, explorations, tests, reports or
similar infomtation or data are or will be required by BIDDER for such purposes.
(e) BIDDER has reviewed and checked all information and data show~ or indicated on
the Contract Documents with respect to existing Underground Facilities at or contiguous to the site
and assumes responsibility for the accurate location of said Underground Facilities. No additional
examinations, investigations, explorations, tests, reports or similar information or data in respect of
said Underground Facilities are or will be required by BIDDER in order to perform and furnish the
Work at the Contract Price, within the Contract Time and in accordance x~4th the other terms and
conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the
General Conditions.
(f) BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
(g) BIDDER has given ENGINEER written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in confomdty with any agreement or roles of any
group, association, organization or corporation; BIDDER has not directly or indirectly induced or
solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any
person, firm or corporation to retrain from bidding; and BIDDER has not sought by collusion to
obtain for itself any advantage over any other Bidder or over OI,VNER.
(i) It is understood and agreed that the folloxdng quantities of work to be done at unit
prices are approximate only, and are intended principally to serve as a guide in evaluating bids.
(j) It is understood and agreed that the quantities of work to be done at unit prices and
materials to be furnished max, be increased or diminished as may be considered necessary in the
opinion of the OWNER or ENGINEER to complete the work fully as planned and contemplated,
and that all quantities of work, whether increased or decrease, are to be performed at the unit prices
set forth below, except as provided for in the Contract Documents.
4. It is understood and agreed that the Bid Security accompanying this proposal will be
returned to the BIDDER, unless in case of the acceptance of the proposal the BIDDER shall fail to
execute a contract and file a Performance Bond, a Payment Bond, a Maintenance Bond and a
Certificate of Insurance within fourteen (14) days after its acceptance, in which case the Bid
Securi~' shall become the propert3.' of the O'~¥~'ER and shall be considered as payment for
damages caused by delay and other inconveniences suffered by the OWNER because of such
failure of the BIDDER.
SECTION 00140 - BID FORM PAGE 2
5. It is understood and agreed that all work under this contract will be completed within the
bid working days. Completion date will be established in the Notice to Proceed.
-- 6. BIDDER will complete the Work for the following price(s):
SECTION 00140 - BID FORM PAGE 3
GATEWAY BUSINESS I-'ARK
PART I - DRAINAGE
UNIT P~ICE SCHEDULE
Item Estimated Unit Description and Price in Vv'ords Price in To~al
No. Quantity Figures Amounl
I 555 gF. 6' X 5' I'r~stms.v',~l Reinforced Concrete' '.lox,
Includ ng Embedmcnl as Required, Coi::pl:I:: in
Place.
Mat~'ial: Q,,~/~,,o/,~./ ;?,-? Dollars
~ Labor: T~'d~, ~,rv',',"~ Dollars
pcrUnit. S ]% ~''sZq~.,
2 347 L.F. 5' x 5' Pre~resso:l Reinforced Concrete Box,
Including Embedmcnt as Required, Complcm in .
Place.
p~ u.~t. s 30
~.. ce.ts
per Unit. --
Total Bid lte. #2 $ //~"-'., 0~'~$ 3¢, ~,~"¢'-~--
3 598 L.[. 60-inch Oia,'f~t~ Class I11 Rcinforccd Concrete Pipe..
Including Embedment as Required, Complete in
Place.
Material: ~';,~ 1 ~-y ,-.'~ v~ Dollars
7cw'~{'7' Of'<, Dollars
Labor:
,~,Un~,. '~ ~en,, $ 31.~-
SECTION 00140 - BID FORM PAGE
GATEWAY BUSINKSS PARK
PART I - DRAINAGE
UNIT PRICE 8~-IEDULF
. .cra Estimated Unit Description a~d Pric~ in Wonts Price in Total
No. Quantity Figures Amount
~ 54-inch Oimncter Class Ill Reinforced Coi~crclc Pipe,
4 681 L.F.
Including Embedmcnt as Required, Complete
p~ Unit.
p~t Un}t.
~ 5 170 L.F. 48-inch Di~e~r Cl~ Iii Rcinfo~d Ccnctcm Pi~,
Includin~ Embcdmcnt ns Require, Comu{~c in
Place.
6 258 LF. 42-~n~h D~etcr C{~ {{{ R~nfotcc<{ Co~nc~t~ P{~,
lncmud~ng E~b~ment ~ R~u{~, Complete in
Place. .
~ Unit.
SIGNED ~
SECTIO~ 00140 - BID FOR~ PAGE 5
GATEWAY BUSINESS PARK
PART I - DRAINAGE
UNIT PRICE SCHEDULE
ltem F.~imated Unit Desc~ption and Price in Words Price in Total
,._~o. Quantity Figures Amount
7 98 L.F. 36-in~ Diameter Class ill Reinfomexl Conc:'ete Pipe,
Including Embedmenl as R~uired, Complete in
Place.
per Unit.
per Unit.
Tetnl Bid Item #7 $
"- 8 60 L.F. 21-inch Diameter Class Ill Reinforced Concrcta Pipe,
Including Embedment as R~luir~d, Complc':
Place.
s qo.
i~ per Unit.
per Unit.
Total Bid Item g8 $ $
" 9 16 F.,ach All Pipe to Pip~ Connections or Pipe Wycs, Complete
in Place.
Material:
per Unit.
per Unit.
SECTION 00140 - BID FORM PAGE 6
GATEWAY BUSINESS PARX
PART I - DRAINAGK
UNIT PRICE SCJI.EDUt~E
'Item Estimated Unit ] Description and Price in Words Price in Total
No. Quantity I Figures Amount
-1'". 10 I -Each 5' x 5' to 6' x 5' Prcstrcssed Reinforced Concrete Box
Transition, Completc in Place. . .
per Unit.
per LlniL.
i? I 1 I Each 60-inch to 5' x 5' Prestrcssed Reinforced C~c. rctc
Box Transition, Completc in Place.
!'
Material: ~'~'}' Dollars '"O ~ - .~ -
~ ~ · Cents $ ' $
per Unit·
~. per Unit.
Lt.. Total Bid Item #1 I
J i 12 15 L.F. Removc Existing 42-inch Rginforced Concrct~ Pipe,
i Including Pipe m Pipe Connection b~vecn Exisling
! and Proposed 42-inch R~inforced Concret: Pipe and
IF I Temporary Plug, Complete in Place.
:I. I per Unit.
-,n.:,.. c¢,,ts ,/'/.3.
$
!F pcr Unit.
Total Bid Item #12 $
.~""CTION 00140 - DID FORUM PAGE 7
GATEWAY BUSINESS PARK
PART I - DRAINAGE
UNIT PRICE SCHEDULE
:iii Estimated Unit Description ~nd Price in Words Pr!:e in Total
o. Qu~,tity Figures Amount
7. ~ I 'Each 6'x5'PrcstrcsscdRcin£orccdConcmteBox30~
Bend, Complete in Place.
per Unit.
L~bor: ./~&) Dollars
per Unit.
Tot~] Bid Item #fa s
4~1~, I Each 4S-inch Reinforced Conc~e Pipe 45' Bend,
~ Complete in Place.
per Unit.
per UniL
~ I~ I Each 4g-inch Rcinforccd Concrclc Pipe Stuboul and
Phlg.
P
Complete in Place.
per Unit.
per Unit.
TotM Bid Item #15 $
'I~ 'N00140- BID FORM PAGE 8
GATEWAY BUSINESS
PART I - DI~INAGE
? UNIT PRICE SCHEDULE
item Estimated Unit Description and Price in Words Price in Total
1~ Quantity Figures Amount
; [~::~ I Each 33-inch Reinforced Concrete Pi.pc Stubout a~d Plug,
Complete in Place.
Dollars
Tot. I 8ia Item #IS S
? iq I0 Each 2?-inch Reinforced Concrele Pipe Stuboul ,'md ih,g,
. Complete in Place.
per Unit.
per Unit.
18 3 Each 21-inch Reinforced Concrete Pipe Plug. C<,,~:--:::te in
Place.
,r- per Unit.
Unbar: ~Ct~-~-,.- __Dollars
:ON 00140 - BID FORM PAGE 9
GATEWAY IBU$1NE$?. PARK
PART I o
UNIT is~!CI/8CIIEI)ULE
It~ E~im~ Unit D~ption ~d Pri~ ~n W~c!s P~ in Total
No. Qu~fi~ Figu~ ~ount
19 685 S.Y. R~k Ri~Rap, C~pl~c in Place.
/~:~"~" ~/. ~ { / ~ - ~r
Material:
~r Onit.
L~bor: Z'-V:/ ~o"~~ e~ ~. ~{.,'
~r Unit.
Tot,I Bid Ilc'n VI9 S
Fcnii~enl O~iag, Compl~ in
20 I L.S.
Martial: ~' ~/~ Doll~
per UniL
Labor: ~ ~
- ~o0~.
per Unit.
Total Bid Item ~20 S /
21 I LS. Winter Sc~ing, Complete.
~r Unit.
Tolnl
Uid
Item
SIGNED ' .
7-SECTION 60140 - BID FORM PAGE
GATEWAY BUSINESS PARK
PART I - DRAIN.'.GK
UNIT PRICE
Item Estimat~ Unit Description and Price in Wo~'ds Price in Total
No. Quantity Figures Amount
22 2,767 L.F. Trench Safety, Complete in Place.
lVlatcrial: / ,. Dollars
__ .:..-,.
p~r IJnit. $ $
per Unil.
s . ~--~ s
Totnl Bid Item #22
I
IECTION 00140 - BID FORM PAGE I I
i
GATEWAY BUSINESS PARK
PART II - GENE~.~L
UNIT PRICE SCI!FI~ULE
Item Estimated Unit Descriplion ,'md Price ie '~"c:dz Price in Tolal
No. Quantity Figures Amou,t
I I L.$. Provide Erosion Cm:trol During Const:-~:ction,
Complete.
per Unit.
per UniL
2 I L.S. Conslcdction Su~,cying ~d ]'csting~ Complete.
Material:
per Unit.
SIGNE/
Zoo
TOTAL P~ET I] ~ TI IRU ~ ~ ·
-
I SECTION 00140- BID FORM PAGE 12
BID SUMMARY:
PART BASE BID
i I. DRAINAGE (Items I thru 22) $ ~ ]6! ~[, q?.e.-
Materials: $ g3qj 3~,'q-'"~
II. GENERAL (Items 1 thru 3) $
Labor:
:- TOTAL BID $ 3~ j c./~}, 4'.9--o
Labor: $ ~_gOC'. c.o_.
Quantities are not guaranteed. Final payment will be based on quantities
determined by measurement methods described for each work item.
1. BIDDER agrees that all Work will be complete within ':-/LP working days
after the date when the Contract Time comme~mes to nm as provided in paragraph
,-' 2.3 of the General Conditions.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the
event of failure to complete the Work on time.
2. Commmfications concerning this Bid shall be addressexl to:
..'- The address of BIDDER indicated below.
3. The terms used in this Bid which are defined in the General Conditions of the
..-- Construction Contract included as part of thc Contract Doeumenls have the
; meanings assigned to them in the General Co,~ditions.
SECTION 00140 - BiD FORIVl PAGE 13
An Individual
By
.,1- ' (Individual's Nan:e)
,- doing business as _
Business address:
Phone No.:
A Partnership
.r- By
! (Firm Nam,:.':
r (general partner'}
Business address:
! Phone No.:
.,-. A Corporation
,,_ (Corporation name)
/ ~,,c,7 ~.,.
(state of incorporation)
(Title)
,-. (Corporate Seal)
Attest
(.S, ecrctarv'7-
e~one ~o.: ri/-7 - ~/?-d '" 5'- ::..- /
SECTION 00140 - BID FORM
A Joint Venture
_ By
(Name)
(Address)
By
- (Name)
-- (Address)
(Each joint venturer must sign. The manner of signing for each individual, partnership and
_ corporation that is a pan to the joint venture should be in the manner indicated above).
o0o
SECTION 00140 - BID FORM PAGE 15
CONTRACTOR INFORMATION
_ Name of Firm:
Type of Firm:
_ Corporation Sole Proprietorship Other
Address:
Phone Number:
Names and Titles of Principals"
I.R.S. Number:
SECTION 00140 - BID FORM PAGE 16
i I
I BID AFFIDAVIT
i The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and
are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all
commodities upon which prices are extended at the price ofl~red, and upon the conditions
contained in the Specifications of the Invitation to Bid. Ihe period of acceptance of this bid will be
I45 calendar days from the date of the bid opening.
STATE OF /"~ ~ COUNTY OF
BEFORE ME, the undersigned authority, a NotaD' Public in and for the State of /~' '.o..z'o 5
on this day' personally appeared "~ ~ U~'oo~[~/ (name) who after being by
i me duly sworn, did depose and say:
"I, ~_o/V, ~,f,9o J~.,t' (name) ama duly authorized officer/agent for__
! ~f~t' --/'-~c./, Co,, ~-qt. ~r__. (name of firm) and have been duly
authorized to execute the foregoing on behalf of the said
; ! "]-~; --fecA (o,d-- "F'.£ , (name of firm).
I hereby certify, that the foregoing bid has not been prepared in collusion with any other Bidder or
individual(s) engaged in the same line of business prior to the official opening of this bid. Further,
I certi~' that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly
concerned in any pool, agreement or combination thereof, to control the price of
services/commodities bid on, or to intluence any individual(s) to bid or not to bid thereon."
Name and Address ofBidder: -'~t' "'-'7~r~ ~b7/. ~
//.3 3 / z.2o
Telephone: (~l') ) q~d/~-..~-o/,/ By:' '7'-/4:,~-' ~,~ (print)
Title: ~/~,./'-' Signature:, ;~'~
SUBSCRIBED AND SWORN to before me by the abo~e namer T£c y
on this the / ~
dayof "".,~. .199~_.
,7 ~otar~j..~ublic in a~l for the State of
//
[_t'.=~ \ Notary Public
{,'-{,,'"~]'/STATE OF TEXAS'~------ ~
SECTION 00140 - BID FORM PAGE 17
--. .-9~ T~ ,~!.~.~._ T_~J__T.E_O.I-I .C.O~TUOTION FP,× NO. 817446:~044 P. 02
-- ~PiDeline Road (Hurst)_ Jim Sgarks 788-7080 $453,351. /
I Nash Street (Grapevine) 'Rick EdwDrds 481-0356 $5.07,255. -/
! ·
] ..
I _Pipeline Road _ $ 189,122.00
$
$
_~ -
L~ of ~.~I~- 'ec~ v. mr ,,~-- '- .......
.... ~. . -- .~r.-~--~,~ ~ty ~plc'ted. List name ~ add.ss, sad
-!
Meadow Green (Bedford) Daniel Gentry, 952-2140 $157,095. 6-1-96
Chelsea Patak (Colleyvi.lle Russell Bruce 577-7587 5587 19~5 3-1-96
Robert & Rxan Ave.(Ft.Worth) ~im Anderson 871-7813 $353,.471. 5-1-96
_l
SECTION 00140 - HID FOP-,~ P^GF. 18
TRI-TECH CONSTRUCTION, INC.
1133 E. LOOP 820 SO.
FI'. WORTH. TEXAS 76112
OFFICE; 496-5361
FAX: 817-446-3044
Halff_ Associates, Inc.
Attention: -M. Cristina Gonzalez-Criado, EIT
Re: Coppell Road
_ Sub-Contractors:
Cen-Tex Seeding, Inc.
3312 Joyce Drive
Fort Worth, Texas 76116
817-244-6024
VIGILANT INSURANCE COMPANY BID BOND
15 Mountain View Road. P. O. Box 1615 (AIA A310)
Warren, New Jersey 07061-1615
Caquaa
KNOW ALL MEN BY THESE PRESENTS that
TRI-TECH CONSTRUCIION, INC. "
as Principal,
-- and VIGILANT INSURANCE COMPANY. a New York corporation, as Surety, are held and firmly bound
unto
_ CITY OF COPPELL, TEXAS asOl~igee, inthesumof
.... Five Percent of Bid (SZ) Ooffars
_ ($ ). for the payment of which sum well and truly to be made, the Principal and Surety
bind themselves, their helm. executors, administrators, successors and assigns, Jointly and severally, firmly by
Ihese presents.
WHEREAS the Principal has submitted a bid for Gateway Business Park Storm Dra£na§e
Improvements
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bend or bonds as may be
specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of
such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter into such Contract and give such bond or bonds, if the Principal shall
pay to the Obiigee the difference not to exceed the penalty hereof between the amount specified in said bid and
such larger amount for which the Obligee may In good faith contract with another party to pedorm the Work
covered by said bid, then this oUigation shall be null and void, otherwise to remain in full force and effect.
Signed, sealed and dated June 10, !996
TRI-TECH CONSTRUCTION, INC.
-- VIGILANT INSUF~NCE COMPANY
/-
Tamara '_-i. Shackelford ~/ Attorney in
-- -~'~"/ PO~ROF ATTORNEY
-~ VIGILANT~g~ISURANCE COMPANY
15 I~n V~ I~oad, Warren, N,J ~
--does he~ (~nst~ute ~nd a~point Charles D. Sweeney, D. W. Sweeney, Bobby E. Mayo and T~-~_ra E.
Shackelforc~ of Fort Worth, Texas .........................................................
STATE OF NEW JERSEY I ss.
pmseace.
I. me u~de~4g~ed, Assistant Secreta~ ~ VI~ILART INSURANCE ~P~, ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ol ~ ~ ~ 13. 1974. ~ ~ ~a~ 2.1~9 ~ ~t ~ ~in ~ ~ ~ ~
~e Vce C~i~ ~ ~ Pr~ ~ a V~ Pr~l ~ ~ ~1 ~ Pr~n:. ~n~ ~ ~ ~ ~ ~ A~I ~. ~r ~r ~e
~. ~e ~m M ~ ~m ~y ~ ~mv~. ~ ~ ~h~. ~ ~ ~ ~ M ~e I~ o~m: C~. ~ C~n.
~ ~ aEomw ~ ~ ~ c~e ~ ~ ~g ~ ~[ea~ or A~ ~ ~S ~ ~ e~ ~ ~ ~ a~
~n~ ~h r~ ~ any ~ ~ u~ to ~ ~ is a~.'
~t~ of ~lu~ and Pu~o ~. a~ is a~ ~ I~e~ ~o ~ ~ ~re~' ~. ~ J~. ~. ~ o~ r~ ~' ~e ~ o( ~e U~ S~les
G~erc~e, myha~a~lol~e~r%a:V~a~.~j ~ lOEb ~,c' June
;":.. ..... - .;:.'~'.;:~¥ , ' - ".~:~.:'-.~' - ' :'-...-[~-~'.-~':': -_ --.~..~'<J.].~'ltj~J~.,'?,;'. ":~.,'~:'~ C)(.,/'I
PRODUCER THIS CERTIFICATE IS ISSUED AS A'MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
'i"l-'il!i~ ~i;l.,Jlii]!i]-llii:Y C[;)I'iI::'P,I-IY IPOLICIES BELOW'
COMPANIES AFFORDING COVERAGE
I::' C] ~[-.'~:lX ~3'?00
FT klC)R'T'H TX '76.1.~;i:":'I'-0'?00 COMPANY
]:'~ 3: TUPI 3: I:,]OUS...~ U~L'T Y__.CDI~I:-" ..............
COMPANY 13
i ii~iSURED LETTER
COMPANY
TI:;: 3: '""T'E;[;;H CC)Iq,C3TI::,'LK;Y¥ ;E OIq ;[ I'IC COMPANYLETTER D
.1.:L:.'~;~ E: I...C)C)F' ~3;;i:() ~,i; .....................................
I::'T bJC)F;,"rH TX 7~):1. 1;? COMPANY E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
. ._: GENERAL LIABILITY ' GENERAL AGGREGATE ....... $ ..~
~''X'-cOMMERCLALGENERALLIABILITY (:~...]::' 2 271 '-'x:..1.~'::~ 0~./*~0./9~.) ()~/~0./":~'.7 PRODUCTS-COMP/OPAGG. $
..._ ~_:_] .... CLaiMS MAD~ .X OCCu.. PE.SON/U. ~ ADV. ~:U.Y S _1~ 000...OD_O
OW,E,'S & CO,TR~CTOR S P,O;. E~_.C_.. ~.~R~E,_C~ ..... S .1 .., 0~_0, O00
~ EXC~SSUAmUTY C:L.tF' :[ E~,~.~.~? zi::;{3 OZi/~SO/96 0'q/::;0/97 E~C. OCCURRENCE S
.................... ~.~ D_O._O .- OD~:-"
WORKER'S COMPENSATION
DIS~SE--~=~LI~Y LIMIT ' S
EMPLOYEfl'S LIABILITY -
$
DISEASE--EACH EMPLOYEE ~.:~ ~) (:)
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECiAL ITEMS
-- I:;:E:= .<i;'T'C)l-~rq ][)l:;;~.l:l'.l :l:l'll::'l';;C]Vlii:Fllii:l-IT,<3
.~. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
C :I:'¥Y O1::' C::C)F"F:'Iii:I...I... MAIL 'J O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
-- .,.... ,'~' '::,'::, I::'r%l:;: I(b,l~l'~" ][i{J...~/[) :: THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION
(:.'-OPF:'E:I...I... '~ X ?',"~,C) 3: (.~ .~ OR LIABILrTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
_ .
· "I"HE: <.i~lii:E:l',ll?( C.'.C),,
ACORD 25-S (7190) ..'!;. -. : ~'-, .-:~.;" ?:~::-~'.~-"-.'.:::'::ii"~ '.':_'=~....;':::'~':['.~' ".-":' ' "-~
DATA SHEET SUBMITTAL INFORMATION
-- List of equipment o~v~ed by bidder that is in serviceable condition and available for use on this job.
_ Portions of work that bidder proposes to sublet in case of award of contract, including subcontractor
name, amount of work, and type.
SECTION 00140 - BID FORM PAGE 19
NOTICE
THE FOLLOV~rlNG BLANK SPACES IN THE CONTRACT AND BONDS ARE NOT TO
BE FILLED IN BY THE BIDDER AT THE TIME OF SUBMITTING HIS PROPOSAL.
THE CONTRACT AND BOND FORMS ARE SUBMITTED AT THIS TIME TO
FAMILIARIZE THE BIDDER WITH THE FORM OF CONTRACT AND BONDS
WHICH THE SUCCESSFUL BIDDER WILL BE REQUIRED TO EXECUTE.
SECTION' 00140 - BID FORM PAGE 20
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the enO.5' day- of ~o h o,_,_ _ ~--in the year 1996 by. and between the
Cit~ ofCovvell (hereinafiercalledOX,~,~ER)and ~[-v t' - -~'~¢~ (,'o-~,.~'{-~-Ln
(hereinafter called CONTRACTOR).
OWNER and CONTRz&CTOR. in consideration of the mutual covenants hereinafter set forth, agree as follox~s:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally'
described as follows:
STORM DIL~INAGE IMPROVEMENTS
The Project for which the Work under the Contract Documents ma.,.' be the whole or only a part is generally' described
as follows:
GATEWAY BUSINESS PARK. LOCATED IN THE CITY OF COPPELL. TEXAS
Article 2. ENGINEER.
The Project has been designed by: Halff Associates, Inc.
8616 Northwest Plaza Drive
Dallas, Texas 75225
The Project has been reviewed and approved by: The Ciw Engineer, Ci~' of Coppell
P.O. Box 478
Coppell, Texas 75019
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibiiities and have the rights and authori~' assigned to ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. The Work will be completed within w'orking days from the date when the Contract Time commences
to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final pa.~ment in
accordance ~ ith paragraph 14.13 of the General Conditions w'ithin working days from the date when the
Contract Time commences to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that Ox,¥.NER will suffer financial loss if the Work is not completed within the times specified
in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General
Conditions. The.~ also recognize the delays, expense and difficulties involved in proving Jn a legal or
arbitration proceeding the actual loss suffered by O'~.,'N-ER if the Work is not completed on time.
Accordingly'. instead of requiring any' such proof, OWNER and CONTP, ACTOR agree that as liquidated
damages for delay (but not as a penalty') CON'fP~&CTOR shall pa.x O¥~IER Two Hundred and Forty and
No'100 dollars (S 240.00) for each da.'. that expires after the time specified in paragraph 3.1 for Completion
until the Work is complete.
Article 4. CONTRACT PRICE.
4.1. Ox,~3qER shall pay CONTIL~.CTOR for completion of the Work in accordance x~ith the Contract
Documents in current funds in accordance with the unit prices listed in Section 00140 - Bid Form. The
Contract Sum shall be the amount of $
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance ~'ith Article 14 of the General Conditions.
Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
5.1. Progress P~'rnents. OWNER shall make progress payments on account of the Contract Price on the basis
of CONTRACTOR's Applications for Payment as recommended b> ENGINEER, on or about the __ day of
each month during construction as provided below. All progress payments will be on the basis of the prowess
of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and
in the case of Unit Price Work based on the number of units completed) or. in the event there is no schedule of
values, as provided in the General Requkements.
5.1.1. Prior to Completion, progress pa3 ments will be made in an amount equal to the percentage
indicated below, but, in each case. less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or O~3,~ER may withhold, in accordance with paragraph
14.7 of the General Conditions.
95 % of Work completed.
95 % of materials and equipment not incorporated in the Work (but delivered, suitably stored
and accompanied by documentation satisfacto~' to Ox3,-.~ER as provided in paragraph 14.2 of the
General Conditions).
5.2. Final Pco'ment. Upon/'mai completion and acceptance of the Work in accordance with paragraph 14.13 of
the General Conditions, Ox,~ER shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said para~aph 14.13.
Article 6. INTEREST.
No interest shall ever be due on late pay.'ments.
Article 7. CON'I'RACTOR'S REPRESENTATIONS.
In order to induce Ox.~ER to enter into this Agreement CONTRACTOR makes the following representations:
7. I. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work. site.
locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress,
performance, or furnishing of the Work.
7.2. CONTRACTOR has studied carefully all repons of explorations and tests of subsurface conditions and
drawings of physical conditions which are identified in the Supplementary Conditions as provided in
paragraph 4.2 of the General Conditions. and accepts the determination set forth in paragraph SC4.2 of the
Supplementary Conditions of t~,e extent of the technical data contained in such reports and drawings upon
which CONTRACTOR is entitled to rely.
7.3. CONTIL-~CTOR has obtained and carefully studied (or assumes responsibili~ for obtaining and careFally
smd>ing) all such examinat:,ons, investigations, explorations, tests, reports, and studies (in addition :o or to
supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at
or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price.
within the Contract Time and in accordance with the other terms and conditions of the Contract Documents.
including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be
required by CONIRACIOR for such purposes.
7.4. CON'fRAC'fOR has reviewed and checked all information and data shown or indicated on the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies, or similar info:'mation or data in respect of said
Underground Facilities are or wi:l be required by CONTIL~CTOR in order to perform and furnish the Work at
the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions.
7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations.
explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has
discoxered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to
CONTRACIOR.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between O~3,'.'NER and CONIRACIOR concerning the
Work consist of the following:
8.1. This Agreement (pages 1 to 4, inclusive).
8.2. Exhibits to this Agreement (pages _ to _, inclusive) bearing the following general title.
8.3. Performance. Payment and Maintenance Bonds and Certificate of Insurance, identified as Exhibits A. B.
C and D and consistin~ of__ pages.
8.4. Notice of Ax~ ard.
8.5. General Conditions (pages 1 to 33. inclusive).
8.6. SupplementaD' Conditions (pages 1 to 8. inclusive).
8.7. Specifications bearing the title Construction Specifications and Contract Documents for the Construction
of Storm Drainage Improvements, Gateway Business Park, Coppell. Texas. for the Ci~ of Coppell and
consisting of Divisions 0 thru Divisions 4 and Appendix A thru D as listed in the Table of Contents thereof.
8.8. Drawings, consisting of a cover sheet and sheets numbered _FP-1 through EC-1, inclusive with each sheet
bearing the following general title: Coppell Gateway Public Improvement District. Gateway Business Park.
City of Coppell, Texas.
8.9 lhe following listed and numbered Addenda.
8.10. CONIRACIOR'S Bid (pages I to __, inclusive) marked Division O-Bidding and Contract Documents
Section 00140-Bid Form.
8.1 I. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to . inclusive)
bearing the following general title:
8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not
attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the
Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions.
I 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly
noted otherwise above).
I There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may: only be
amende& modified~ or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions.
I Article 9. MISCELLANEOUS.
9.1. Terms used in this Ao_reement which are defined in Article I of the General Conditions will have the
i meanino_s indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be
I bindin~ on another part,,' hereto ~ ithout the written consent of the party sou,,ht to be bound: and specifically
but without limitation moneys that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law), and unless
specificallx stated to the contrary in an~ written consent to an assignment no assio_nment will release or
I dischar,,e the assienor from any duty or responsibility under the Contract Documents.
9.3. O~,~.~ER and CONTRACTOR each binds itself, its panners, successors, assigns and leeal representatives
I to the other party hereto, its partners, successors, assi,,ns and leo~al representatives in respect of all covenants,
a~reements and oblio~ations contained in the Contract Documents.
Article 10. OTHER PROVISIONS.
I IN WITNESS WHEREOF. O'~ER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to O~,~ER. CONTRACTOR and ENGINEER.' All portions of the Contract Documents have
Ibeen siened or identified by OW:NER and CONTRACTOR or by ENGINEER on their behalf.
Ihis Agreement will be effective on 19
P.O. BOX 409..55 PARKWAY BLVD.
~L~'OPPELL. TEXAS ~5019
I · -
B ~ BY:
I TITLE: ~2/~~ TITLE:
I Address for gMng notices: Address for giving notices:
If O~,~, .~ER is a public body. at~ach evidence of authority to (If Contractor is a Corporation attach evidence of authority
I sign or authorizing to Sign.)
and
resolution
other
documents
execution of Agreement.)
I 4
/
VIGILANT INSURANCE COMPANY
CONSTRUCTION
15 Mountain View Road, P. O. Box 1615
PERFORMANCE BOND
Warren, New Jersey 07061-1615
CHUBB
Bond No. 8903].127
KNOW ALL MEN BY THESE PRESENTS that
-- TRI-TECH CONSTRUCTION, INC.
as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are firmly bound
-- to
CITY OF COPPELL, TEXAS
-- as Obligee, In the sum of
Three Hundred Twenty-Eight Thousand, Four Hundred Ninety-One & 40/100 D~lars
($ 328,491.40 ....... ), for the payment of which sum, we bind ourselves, our heirs, executors, administrators,
and successors, jointly and severaJly.
WHEREAS the Principal has entered Into a written contract dated with the Obllgee for
Gateway Business Park Storm Drainage for Catellus Development Corporation
_ hereinafter referred to as the Contract
NOW, THEREFORE, THE CONDITION OF THIS OBEGATION is such that, if Principal shall complete the contract
work In accordance with plans and specifications, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
-- The Surety hereby waives notice of any alteration or extension of time made by the Obligee.
Whenever PrincipaJ shall be, and be declared by Obllgee to be In default under the Contract, the Obligea having
performed Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly;
-- 1. Complete the contract work in accordance with plans and specifications, or
2. Obtain a bid or bids for completing the contract work In accordance with plans and specifications, and upon
determination by Surety of the lowest responsiUe bidder, or, if the Obligee elects, upon determination by the
OUigee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and
-- Obligee, and make available as work progresses (even though there should be a default or a succession of defaults
under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price; but not exceeding, including other costs and damages for which
_ the Surety may be liable hereunder, the amount set forth In the first paragraph hereof. The term 'balance of the
contract price', as used in this paragraph, shall mean the total amount payable by Obligee to Principal under the
Contract and any amendments thereto, less the amount propedy paid by Obligee to Principal.
The Surety's liability shall be only for the cost of completion of the contract work In accordance with the plans and
-- specifications less the balance of funds remaining to be paid under the contract, up to the penaJ sum of the bond.
The Surety shall in no event be liable to indemnify or compensate the Obligee for loss or liability arising from
personal injury or property damage whether or not caused by a breach of the bonded contract.
_ Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final
payment under the Contract falls due. If the provisions of this paragraph are void or prohibited by law, the
minimum period of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the named
-- Obligee.
Signed, seaJed and dated 7
,,~
-- TRI-1ECH ~~, INC.
__ VIGILANT INSURANCE COMPANY
-- Tamara E. Shackelford // A~omeyin Fact
Form '5-02-0335 ~E~I '-g3i
IMPORTANT NOTICE
To obtain info~-.~tion or make a complaint:
You may contact the Texas Department of Insurance to obtain
-- infoL~ation on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
-- Austin, Texas 78714-9104
FAX ~ (512) 475-1771
P~EMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim,
you should contact the agent or the company first. If the dispute
is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY OR BOND
This notice is for information only and does not become a part or
condition of the attached document.
VIGILANT INSURANCE COMPANY
- PAYMENT BOND
15 Mountain View Road, R O. Box 1615 (McGregor Act--Public Work--Texas)
Warren, New Jersey 07061-1615
CHUBB
Bond No. 89031127
KNOW ALL MEN BY THESE PRESENTS that
TRI-TECH CONSTRUCTION, INC.
-- as Principal,
and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, ars held and firmly bound
unto
-- CITY OF COPPELL, TEXAS
as Obligee, In the sum of
Three Hundred Twenty-Eight Thousand, Four Hundred Ninety-One S 40/100 ..... D~lars
($ 328,491.40. .), for the payment of which sum, well and tnJly to be made, the Principal and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
-- these presents.
WHEREAS the Principal has entered into a written contract d~ted with the Obligee for
-- Gateway Business Park Storm Drainage for Catellus Development Corporation
which contract Is by reference made a part hereof, and Is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBMGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him/her or a sub-contractor in the prosecution of the work provided
_ for In said contract, then this obligation shall be void; othenvise to remain In full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended in 1977, and all liabilities on this bond shall be determined in accordance with the
_ provision of said Article to the same extent as if it were copied at length herein.
Signed, sealed and dated '~-/-~ ~
TRI-T ~ONSTRUCTION, INA
VIGILANT INSURANCE COMPANY
by ?/~.,J~l~ . ' ~
Tame~a E. Shacke].fo~d ~// Attorney In Fact
Form 15-02-0344 ~E¢:I 1-93}
-- POWER OF ATTORNEY
VIGILANT INSURANCE COMPANY
A'R'N: SURETY DEPARTMENT
~ 15 Mountmln View R~d, W. rren, NJ 07059
(g0a)
Know III Men by th~ Pr#em. That VIGILANT INSURANCE COMPANY, a New York CorporaUon. has constituted and appointed, and
does hereby cons~tute and W~ooint Charles D. Sweeney, D. W. Sweeney, Bobby E. Mayo and Tamara E.
-- Shackelford of Fort Worth, Texas .........................................................
each its tTue and lawful Attomey-in-Fect to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf
as surety thereon or othan~se, bonds or obligations given er executed In the course of its business, and consents for the release of retained
percentages and/or final estimates.
In Witnses Whereof, said VIGILANT INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to be signed by its Vice
President and Aeslala~t Secretary and its corporate seal to be hereto affixed this 26~ day of July, 1993.
VIGILANT IN, I]IURAI~E COI~I~ANY
Soran N. S. Laursen, Vice President
Kenneth C. Wendel, Assistant Sec. mla~,
STATE OF NEW JERSEY '~
f
Off this 26~ ¢Jay of July 1993, before me I~ came Kenneth C. Wendel to me kr, ow~ end by me known to be A-_=!_~=_qt Secm~.ry of VIGILANT INSURANCE
COMPANY, the co~mtien ~ in and M~tch executed lite forgoing Power of Allomey, and the ~ Kenneth C. Wendel being by me duly sworn, did depose and say
that he Is A_-r~_'~nt Secrelary of VIGILANT INSURANCE COMPANY ~ knows ~e c~ sea] thereof, that the senJ efllxnd to the foregoing Power of Attomey is sbch
Coq~"ato seal and was thereto ~ by m~hotity of the By4.aws of ~ ~ and that he ligned sakJ Power of Atlomey as A_~_=!_~nt Secretary of esi= Coml~ny by like
author, and II~t he is acquainted with Somn N. S. Lau~en and knows him to be the Vice President of ask] C-oml~n~, ~nd that the signature of saki Somn N. S. Lau~sen
~ to said Po~er of Attorney is in the genuine handm~tJng of said Somn N. S. Laumen end was ther~o subscribed by authority of said By-Laws and in deponenrs
pre~tce.
Not~H~ Seal
< ~_~ Acknowledged and Sworn to before me
STAT~ OF NEW JERSEY CF.H~B'I~A'I1ON Noflty Pub;lc. $~a'e of r%w Jer~=¥
No. 20913 ~.2
CoufllyofSome~ ~ ~ion ~pir~ July 29, 1996
I, ~e unde~, ~t ~ ~ VIGI~ IN~E COMPS, ~ ~ ~ ~ ~ ~1~ ~ a ~a e~e~ from ~e BW~ ~ ~e ~i= ~m~y ~
~ ~ ~ ~ ~ ~ ~ June 13. 1974. a~ ~ ~ am~ du~ 2, 1~ ~ ~t ~ B~IS ~ ~11 ~ ~d e~
~C~ ~
unde~ng or ~r ~ ~ p~ in ~ ~n ~ ~r ~
~on 3. ~1 ~m ~ ~ ~r ~ ~ ~ ~ ~ ~y ~y ~ ~ ~ ~ in ~ ~ ~ on ~ ~ ~e ~m~y, e~er ~ ~e Chai~an or
~. ~e s~m ~ ~ ~m ~ ~ ~m~, p~ ~ ~. ~e s~na~m ~ ~ ~ ~ ~ ~ C~, ~ce C~i~n,
P~, ~ ~e P~nL ~ ~t ~ P~ ~ ~, ~ A~t ~ ~ ~ s~t ~~~ ~ ~imiis ~ ~y
-- ~r ~ a~ ~ ~ ~ ~te raising ~m= ~ ~t ~m~ or A~= ~ pu~ ~ ~ e~ng ~d a~ng ~ and
u~e~n~ a~ ~er ~ ~m~ in ~e ~mm ~e~, ~ ~ ~ ~m ~ ~ or ~te ~a~ a~h ~lmJle ~a~m or b~imiis ~ ~] be
~ ~ ~g u~ ~e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ b~mae ~mm end la. mae seal s~ll ~ ~ and ~ndJng u~n ~e
__ I ~er ~ ~at ~ VIGI~ INSURE ~MP~Y ~ ~ I~ ~ ~ ~1~ ~ ~ ~ in ~ ~ ~e ~t~ ~ the Un~ Smtes ~ ~e~.
Di~ ~ ~lu~ and Puem ~. qnd ~ a~ du~ I~ ~ ~ ~is ~ on ~. undergo, ~. pe~ or ~ui~ ~ ~e ~ ~ ~e Un~ S~t~.
~ I fu~er c~ ~ ~e fo~i~ P~r of A~m~ a ~ ~11 ~e a~ ~
__ G~en u~er ~ ~ a~ ~ ~ ~e ~ C~ny at Wa~n, ~ ~ ~y ~ , lg
06,'12/96 05:$2 '~214../g9 0095 HALFF ASSOCIATES [~002.'005
TIFICA OF
. G/~'.../~
...... ~**~*:-'"' ........ ' ....... ' .......... : ............ ,wg~m,.~..~= ,.~go .~..,
CONF~$ ~ ~ UP~ THE ~R~F~T~ ~. THJ8 CERTI~TE
~ NOT ~END, ~O OR ALTER TH~
GOMPANIES AFFQR~NG ~VE~GE
]. 'I bJOI~'I'H 'tX 7~ 1 :l ~}i :
.L ~.:.' '
TNiS I~ TO ~R~ ~T THE P~l~ OF INSURE ~D B~ ~VE ~N ~UED TO ~E INSURED N~lO
INDJ~D, NO~THST~DI~ ANY ~E~I~ENT. ~ ~ C~T~ ~ ~ ~A~ OH ~ ~UM~T ~ ~E8PEOT ~ WHICH ~15
EXCLU~ION~ ~D ~TI~8 OF SUCH ~CIE6. ~IMIT9 ~N ~Y ~VE ~N ~D~D ~Y P~D C~.
(~'~ cc.~nc~~ C~.F' ~'~l 215 ~0q/~0/96 ~Oq/:~O/9~ ~~~' ~lo n~ r~ ....
; ....... ; ~ ·
, ~To~OelLE U&BIUTY ; r : COMe. ED
- . ' . 1.OOG.OOO
-- ALL O~ED~O~ : ......................
, X ~E~'~ AuToI ; .......... , ........
· RECEIUE STOPPED *
VIGILANT INSURANCE COMPANY
15 Mountain View Road, R O. Box 1615 MAINTENANCE BOND
Warren, New Jersey 07061-1615
C3HUBE~
Bond No. 89031127
KNOW ALL MEN BY THESE PRESENTS that
TRI-TECH CONSTRUCTION, INC.
as Principal,
and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, ars held and firmly bound
unto
CITY OF COPPELL, TEXAS
as Obllgee, in the sum of
One Hundred Fifty-Six Thousand, One Hundred T~o & 35/100. Dollars
($ 156,102.35 ), for the payment of which sum, well and truly to be made, the Principal and Surety
bind themselves, their hairs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS the Principal has entered Into a written contract dated with the Obligee for
Gateway Business Park Storm Drainage for Catellus Developmect Corporation
and
WHEREAS said Prir~cipal is required to post a bond to guarantee repair or replacement of faulty material or
workmanship for a period of ]~l~om and alter the date of acceptance of said work.
two years
NOW, THEREFORE, if the said Principal shall repair or replace any and all defects in said work during the
aforesaid period, then this obllgation shall be void; otherwise to remain In full force and effect.
Signed, sealed and dated ' ~) - ~ (- ~ ~,
TRITE : CONSTRUCT IN
by C
VIGILANT INSURANCE COMPANY
Tamara E. Shackelford ~
POWER OF A'I'TORNEY
VIGILANT INSURANCE COMPANY
ATTN: SURE'rY DEPARTMENT
15 Mountain Vl~v Ro~l, Wsrmn, NJ 07059
(;0S)
Know all Men by these Presents, That VIGILANT INSURANCE COMPANY, a New York Corporation, has constituted and appointed, and
does hereby constitute and appoint Charles D. Sweeney, D. W. Sweeney, Bobby E. Mayo and Ts.mars E.
Shackelford of Fort Worth, Texas .........................................................
each Its true and lawful Affomeyoin-Fact to execute under such designation in its name and to aftix its corporate ssal to and deliver for and on its behalf
as surety thereon or othe~vise, bonds or obligations given or executed in the course of Its business, and consents for the release of retained
percentages and/or final estimates.
In Wltnsas Whereof, said VIGILANT INSURANCE COMPANY has, pursuant to its By. Laws, caused these presents lo be signed by its Vice
President and Assistant Secretary and its corporate seal to be hereto affixed this 26th day of July, 1993.
VIGILANT INSURANCE COI~,ANY
~C/O~j , ; -- by
Kenneth C. Wendel, Assistant Secrofary
STATE OF NEW JERSEY
County of Somerset
O~ mis 26th day of July 1993, before me personally name Kenneth C. Wendei to me known and by me known to be Assistant Sanretary of VIGILANT INSURANCE
COMPANY, the coq~oretion dasc;i~ed in and which executed the foregoing Power of A~omey, and the said Kenneth C. Wandel being by me duly sworn, did depose end say
that he is Assistant Secretary of VIGILANT INSURANCE COMPANY "nd Imows the corporate seal thereof, that the seal affixed to the foregoing Power of Attorney is such
cordorate seal and was thereto affixed by authority of the By-Laws of said Company;. and that he signed said Power of Altomey as Assistant Sanretary of said Company by like
au~odty; and that he is acquainted with Soran N. S. Laursa~ and knows him to be the V~ce President of said Company, and that the r, igrmture of said Soran N. S. Lauman
subscril~d to said Power of Attorney is in the genuine handwriting of said Soren N. S. Laursap and was thereto subscribed by authorffy of said By-Laws and in deponent's
Notarial Seal Acknowledged and Sworn to before me
~~ . on the date above written.
Notary Public
· CERTIFICATION ~,~of~'¥ Pub;it, $!aa o! ~4e,,. Jersey
STATE OF NEW JERSEY ~ No.
County of Somerset t ss ~',o.'maission £xp~re~ .luJy
l, the undersigned. Assistant Secretary of VIGILANT INSURANCE COMPANY, do hereby ce~lfy that the folfowing is & tee excerpt from the By-Laws of Ihe said Company as
adopted by its Board of Directors o~ June 1:3, 1974, and most recently amended June 2, 1989 and that this ByR, aw is in full force and effect.
· ARTICLE XV
Section 2. All bonds, undertakings, contracts, end other instruments o~er than as above, fur and on behalf of the Company which It is authorized by law or its charter
to execute, may and shall be executed in the name and on behalf of the Company either by the Cheirrnsn or the Vice Chaim~an or the President or I~ VIce President.
join~y v~th the Secre~.ry or an Assistant Secretary, under their respective deaignebene, an~P~ that any one or more officers or ettomsys-in-fact designated in any
resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 balow, may execute any such bond,
undertaking or other obpgatim~ as provided in such resolution or power of ettomey.
Section 3. All powers of altomey for and on beheIt of the Company may and shall be executed in the name and on hehalf of the Company, either by the Chairman or
the Vice Chairman or the Prasi~ant or · Vice President or an Assistant Vice President, jointly wi~ the Secre~ry or an Assistant Secretary, under ~eir respective
designations. The signature of such officers may be engraved, printed or lithographed. 11~ signature of each of the following officers: Chairman. Vice Chairman,
Prasidaet, any Vice President, any Aasistant Vice Prsaidaof, any Sasreta~', any Aasistant ~asmttuy and the seal of the Company may be affixed by facsimile to any
power of eltomey or to any cer~rinata relating thereto appointing Assistant Secretaries or Attomeys-inoFact for purposes only of executing and ettosllag bonds and
undertakings and other writings obitgatory in the nature thereof, end any suc~ power of attorney or nar'dficete bearing such tacsimils signature or facsimile aaa; shall be
va, lid and binding upon the Company and any such power so exect,'tad and certified by such facsimile signature and facsimile seal shall be valid and binding upon the
Company ~ respect to any pond or undertaking to which, it is attached.'
I further certify that said VIGILANT INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America.
D~strict of Columbia and Puerto Ric~. end is also duly licsneed to become sole surety on ponds, undertakings, etc. pem~itted or reciuimcl by the taws of the United States.
And I further cer~ that the foregoing Power of Attorney is in full fome and effect.
Given under my hand and seal of the said Company at Warron, NJ this day of 19
Coq)orate Seal
~) CO~SENT [o3]
VIGILANT INSURANCE COMPANY
15 Mountain View Road, P. O. Box 1615 MAINTENANCE BOND
Warren, New Jersey 07061-1615
Bond No. 89031127
KNOW ALL MEN BY THESE PRESENTS that
TRI-TECH CONSTRUCTION, INC.
as Principal,
and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound
unto
CITY OF COPPELL, TEXAS
as Obligee, in the sum of
One Hundred Fifty-Six Thousand, One Hundred Two & 35/100 Dollars
($ 156,102.35. ), for the payment of which sum, well and truly to be made, the Principal and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS the Principal has entered Into a written contract dated with the Obligee for
Gateway Business Park Storm Drainage for Catellus Development Corporation
and
WHEREAS said PrincipaJ is required to post a bond to guarantee repair or replacement of faulty material or
workmanship for a pedod of ~m and alter the date of acceptance of said work.
~wo years
NOW, THEREFORE, if the said Principal shall repair or replace any and all defects in said work during the
aforesaid period, then this oUigation shall be void; othemvlse to remain in full force and effect.
Signed, sealed and dated ' E - '~ f- 9 ~
TRi- // c/c - c /CONSTRUCTION, ,,ZNC -n
VIGILANT INSURANCE COMPANY
Tamara E. Shackelford //attom~ in ~a:~
POWER OF A'I'I'ORNEY
VIGILANT INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountsln View Road, Wsrren, NJ 07059
(~0~) ;03-2000
Know ell Men by these Presents, That VIGILANT INSURANCE COMPANY, · New York Corporation, has consUtuted end appointed, end
does hereby constitute and appoint Charles D. Sweeney, D. W. Sweeney, Bobby E. Mayo and Tamara E.
Shackeiford of Fort Worth, Texas .........................................................
each its b'ue and lawful Attomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf
as surety thereon or otherwise, bonds or obligations given or executed in the course of its business, and consents for the release of retained
percentages and/or final estimates.
In Witness Whereof, said VIGILANT INSURANCE COMPANY has, pursuant to its By-Laws, caused ~ese presents to be signed by its Vice
President and Assistaqt Secretary ~ its corporate seal to be hereto affixed this 26th day of July, 1993.
,~ ,.,.~./,,,~ '~ ~,/~,/,,.~.~,,,.~/ Soren N.S. Laursen, Vice President
Kenneth C. Wended, Assistant Secre(ary
STATE OF NEW JERSEY l ss.
County of Somerset
On this 26th ~ay of July 1993, before me berconally came Kenneth C. Wendel to me known end by me known to be Assistant Secretary of VIGILANT INSURANCE
COMPANY, the coq=oretion desc~bed in and which executed the foregoing Power of Attorney, and the ssid Kenneth C. Wandol being by me duly sworn, did depose and say
that he is Assistant Secretary of VIGILANT INSURANCE COMPANY and knows the corporate seal thereof, that the seal affixed to the foregoing Power of Atlomey is such
co~orete seal and was thereto affixed by authority of the By-Laws of said Company; and thnt he signed ssid Power of Attorney as Assistant Secretary of said Company by like
authority;, and the: he ~s acquainted with Soren N. S. Laursen and knows him to be the Vice President of said Company;. and that the signature of said Soren N. S. Laursen
subscribed to said Power of Attomey is ir~ the genuine handwriting of said Soren N. S. Lau~san and was thereto subscr~ed by authoitty of said By-Laws and in deponents
presence.
Notarial Seal
~_~ Acknowiedgad and Swom to before me
~._~ on the ,'~te~hO~ wrttten.
. .." ,o:.A~( \
CERTIFICATION Jqof, ary Puq;ic. ~'~a'® of ~s~. Je;s_~y
STATE OF NEW JERSEY '] No.
County of Somerset .~' ss ~:m~'~.J~on ~.xpJ/es July 29, 1996
I, the undersigned, Assistant Secretary of VIGILANT INSURANCE COMPANY, do hereby ca~/that the following is a tree exc. eq~t from the By-Laws of the said Company as
adopted by its Board of Directors on June 13, 1974, and most recently amended June 2, 1969 end that this By-Law is in full fome and effect.
'ARTICLE XV
Section 2. All bonds, undertakings, contmcls, and other icstmments other than as above, for and on behalf of the Company which it is authorized by law or its charter
to execute, may and shall be executed in the name and en behalf of the Company either by the Chairman or the Vice Chairman or the President or S Vice President.
jointly with the Secretary or an Assistant Secretary, under their respective dosignations, except that any one or more offica~s or attorneys-in.fact designated in any
resolution of the Board of Directors or the Execubve Cornmlftas, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond,
undertaking or other obiigalfon as provided in such rseolubon or power of sltomey.
Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chaimmn or
the Vice Chairman or the President or s Vice President or an Aasisian! Vice President, joinlfy ~ the Secretary or an Assistant Sec.-e~ry. under their respective
dssignabona. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officem: Chairrnan, Vice Chairman,
President. any vice President, any Assistant Vice Preaident~ any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto ai~oinfing Assistant Senreta~se or Attorneys-in*Fact for puq~osse only of execu'Jng and attasflng bonds and
undertakings and other w~tings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company end any such power So executed and ce~fied by such facsimile signature and facsimile seal shall be valid and binding upon the
Company with respect to any bend or undertaking to whic~ it is attached.'
I further cartity that said VIGILANT INSURANCE COMPANY is duly licensed to transact fidelity and surety business in enc.~ of the States of the United States of America,
D;strict of Columbia and Puerto Rico, and is also duly licensed to become sole surety on bends, undsrmldngs, etc. permitted or required by the laws of the United States.
And I further certi~ that the foregoing Power of Attorney is in tull force and effect.
Given under my hand and seal of the said Company at Wam~n. NJ this ~ay of ,19
) CONSENT [o31
VIGILANT INSURANCE COMPANY
15 Mountain View Road, P. O. Box 1615 MAINTENANCE BOND
Warren, New Jersey 07061-1615
¢:~HUBB
Bond No. 89031127
KNOW ALL MEN BY THESE PRESENTS that
TRI-TECH CONSTRUCTION, INC.
as Principal,
and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound
unto
CITY OF COPPELL, TEXAS
as Obligee, In the sum of
One Hundred Fifty-Six Thousand, One Hundred Two & 35/100 ..... Dollars
($ 156,102.35 ), for the payment of which sum, well and truly to be made, the Principal and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS the Principal has entered Into a written contract dated with the Obligee for
Gateway Business Park Storm Drainage for Catellus Development Corporation
and
WHEREAS said Principal is required to post a bond to guarantee repair or replacement of faulty material or
workmanship for a period of~om and after the date of acceptance of said work.
two years
NOW, THEREFORE, If the said Principal shall repair or replace any and all defects in said work during the
aforesaid period, then this obligation shall be void; otherwise to remain in full force and effect.
Signed, saaledand dated ~l.9(~~byTRI-' ~~R ~' UC
VIGILANT INSURANCE COMPANY
Tamara E. Shackelford //At~mey in Fac~
Form 15-02-0341 iEd. ~-9~)
POWER OF ATTORNEY
VIGILANT INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Roed, Wormn, NJ 07059
Know ell Men by these Presents, That ViGILANT INSURANCE COMPANY, a New Yo~k Corporation, has constituted and appointed, and
does hereby constitute and appoint
S.h;~c];e'lfo~cl. of Fo~. iSo~t.b., '2e;(~$ .........................................................
each its ~'ue and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf
as surety thereon or otherwise, bonds or obligations given or executed in the course of Its business, and consents for the release of retained
percentages and/or final estimates.
In Witness Whereof, said ViGILANT INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to be signed by its Vice
President and Assistant Secretary and its ¢orporete seal to be hereto affixed this 26th day of July, 1993.
__,__. co ..NY
~ "!" ~ / -- -! Soren N. S./eursan. Vice Pmsidant
Kenneth C. Wandel, Assistant Secretary
STATE OF NEW JERSEY ~,
~sa.
County of Somerset
On this 26th day of July 1993, before ma pamonally came Kenneth C. Wends[ to me known and by me known to be Assistant Secretary of VIGILANT INSURANCE
COMPANY, the corporation d~_~c_dl:)ed in end whkih executed the foregoing Power of Attorney, end the said Kenneth C. Wendel being by me duly sworn, did depose and say
that he is Assistant Secretary of VIGILANT INSURANCE COMPANY end knows the COfTX)rete seal thereof, that the seal affixed to the foregoing Power of Attomey is such
corporate seal and was thereto affixed by authority of the By-Laws of said Coml~ny; end that he signed said Power of Attorney as Assistant Secretary of said Contpany by like
authority; end that he is acquainted with Soren N. S. Laureen and knows him to be the Vice President of said Company;. end that the signature of said Soren N. $. Laursen
subscribed to sai,~ Power of Anomey is in the genuine handwriting of said Soren N. S. Laumen and was thereto subsotibed by authority of said By-Laws and in deponents
Notahal Seal
~~,~ Acimowisdged and Swom to before meo~ the date above written.
~.......~. Notary Public
CERTIFICATION No~U'y Pu~;ic, S!a · ol ~'~e.,' Jer$-~y
STATE OF NEW JERSEY '-' No 2391332
County of Somerset .~ ss J~.o.'nmi.uion Expir~ Jal¥ 29.
I, the undersigned, Assistant Secretary of VIGILANT INSURANCE COMPANY, do hereby codify that the following is a tree exceq~t fi~m the By-Laws of the said Company as
adopted by its Bnafd of Directors on June 13, 1974. and most recenby amended June 2, 1999 ~ that this By4.~w is in fuji force and errant.
'ARTICLE XV
Section 2. All bonds, undertakings, contracts, end other inetJumenis other than as above, lot' and on behalf of the Conl~any which it is authoitzed by isw or its charter
to execute, may and shall be executed in the name and on behaff of the company either by the Chsifman or the Vice Chairm~n or the President or a Vice President,
jointly with the Secretary or an Assistant Secretary, under their re~ designations, exce~ that any one or more ctf~cers or attomeys-in-fact designated in any
resolution of the Board of Director~ or the Executive Committee, or in any power of attorney executed as pmvicled for in Sec~on 3 below, may sxenuta any such bond,
undsrtaldng or other obligalfo~ as provided in such resolution or power of attorney.
Section 3. Air powers of ettomey for and on behalf of the company may end shall be executed in the name and on behalf of the company, either by the Chain'nan or
the Vice Chetfman or the Presidem or a V'~..e President or an Asaislant V'K:S President. jointty with the Secretary Or an Assistant Secretary, under their respective
designations. The signature of such ofticem may be engraved, pdntad or li~ographed. 'l~e signature of each of the following officers: Chairman, V,ns Cneirman,
PresidenL any Vice President, any Assistant Vice President, any Secretary, any Asaistant Ssoretafy and the seal of the CofTtpany may be affixed by fassimi,e to any
power of attorney or to any cettificato relating thereto al)pointing Assistant Secretaries or Anomeys-in-Fact for burposea only of executing end attesting bonds and
undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate beanng such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed end certified by such facsimile signature and facsimile seal shall be valid and binding upon the
company with respect to any bond or undertaking to which it is attached.'
I further co~lify that said VIGILANT INSURANCE COMPANY is duty licensed to transact fidelity and surety business in each of the States of the Un,ted States of Amedca,
District of Columbia and Puerto Rico, and is also duly licensed to become sole surety on bonds, undertaldflgs, etc. permitted or required by the laws of the United States.
And I further certify that the foregoing Power of Anomey is in full force and effect.
Given under my hand and seal of the said company et Warren, NJ this day of 19
Coq3oreta Seal~ ,/ .
/)~' ~__~,//~ Assistant S~'d% tary
) CO~SENT [03]
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
COMPANIES AFFORDING COVERAGE
_E--i'ER A
COMPANv
INSURED LE-TER
COMPANv
LE-TER C
LE~ER E
THIS .~ T0 c'ER¥1FY THA:r THE POLICIES OF INSURANOE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NO'DNITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ;S SUBuECT
TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
GENERAL LIABILITY SEI*.ER.A_ AGG;:IEG~TE
.C;-AIMS ~/ADE X OCCUI= P--~SONA_ &
OWNER'S & CONTRACTOR'S PROT E.'~CH 03=JRR--~ICE
AUTOMOBILE LIABILITY
X SCHE:)L.;.ED AU-OS .Per ~ers3~,
... EXCESS LIABILITY ...........
~.SEAS.E--EAC- EMPLOVEE $ ,.:.~ (.) ~:)
DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES~SPEClAL ITEMS i"~i:i: :: [.{i(~, '"i!::b,l(:~Y ):d..j'i:~:(?-iii.:?,fi:; I':'(:':I-,. I< S"i"UI-.:i"i
:C,!:;.:[::, ]: i'-.i~::~[.)ii.:~'- ....... r'. C.J<.~"F!Ll..i...t.;~i; "'",..~l::.'""."'"':m,...[. ..... '"'"~h.'.*" ".11 .... C;C)I:;:F-',, t.. I:: I',"" "" "?, ','K.)L.~."' ' '"'l::.r~"'"" ............................ ""-:. ,, -. ,- - - T~ " ....... ''."
.i. -~;::,~.. r. I:'..~., ,"...il,i F:'d...L ~.-'[ .Ii...L L. I. [:.;'> Ii.: ;<:~:..li: F:"T i~.J(::. ,.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANV WILL ENDEAVOR TO
MAIL ,'.~(~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
-- ~.:.: i. 'i' 'Y' :""'"
;...,.'-' C.i;)F:'i-:'lii. J...i... -HE LEFT. BUT FAILURE ?0 MAIL 5UGH NOYICE 8,1ALL IMFO43E NO OBLIOATION
!':= [ 'i '..'-',["i';,: "~ "'"
........... ,--, .- o on LABILITY 01- ANY I(IUD UPOU TI IE COMI'~MIY. ITS AOEUTC on nEP-IEOENTATIVr'6.
~' !'ii:-'i.:'l.-'j , ','X '": '::" '
. ............ · ... '-.) I. ;- AUTHORIZED REPRESENTATIVE
CERTiFICATE-OF INSURANCE
PRODUCER i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
THE: :i:~[.'..il::.li:Zi'ilE'~ (E.J.)l*'il::'r::'d'-i"¢ POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
r"" 0 .E~IZ)X
F:'T bJOl:~'i I"1 ,, '¥ .x~ 7,:f, .][ ~<';:zJ¢....()?()(.) COMPAq;¥_E_TER A
LE~ER C
F:"f' b.J[.'Jl:;; f'i"l 'r¥
~ ......... ~;". . · '. ' '~:.'-~; :' _...--.~--:L'.':. - ..-:_:L '/-. ..... ~ [' ..::...- -- ' -
THIs IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISsuED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NO~ITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH TH,S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SJBJECT
TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIR~TIOfl
CO TYPE OF INSURANCE POLICY NUMBER LIMITS
GENERAL LIABILITY SEt, ERA_ AGGRESATE 5
G~RAGE LIABILITY
.,:. ,, 0 () () ~, O0 ()
,~ UMBrElLA =CRM AGGFE~&-E
WORKER'S COMPENSATION
EMFLOYER'S LIABILITf
DESCRIPTION OF OPERATIONS/LOCATIONS,~IEHICLES!SPECIAL ITEMS
I';~F:. :: ~!~')' t])l:;:l"l ;[.d:;;i¢:i]]l',i ];r'IF:IF;~O',..,'IEi'IIEI-i'i ~:~
SHOULD ANY OF THE ABOVE DESCRIBE:) POUClES BE CAKCELLED BEFORE THE
EXPIRAT.ON DATE THEREOF. THE ISSUING COMPANY Will ENDEAVOR TO
(..:]i; 'F'Y' (.)1:: (..:(.;'-'l::'!::'li:;J...I.. MAIL '[ (') DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
:;:~5',:.~ J::'i:)l-;;l(~l;¥f' ][iii...".,;:() THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION
(::: L)i'-'J:" iii:i_ i... 't :>~ ~:;; ~.". 0 :J. ? OR LIABILITY. OF ANY KIND UPON THE COMPANY. iTS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
..... , ' ~., .r , , · . '.<" ,,' "~'"%
PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
The Sweeney Company
P 0 Box 8700 COMPANIES AFFORDING COVERAGE
Port Worth, Texas 76124-0700 -- --
COMPANY
LETTER A Bituminous Casualty Corporation
COMPANY
~! INSURED .............................. LE ~'-rER a
COMPANY
CITY OF COPPELL LET"i'ER C
P 0 BOX 478 COMPANY
COPPELL TX 75019 LETTER D
COMPANY
LETTER E
COVERAGES ' :~' .. '-;~:':!~:.~i~-~'~;.':~:':,~;..,_. ' .............. : -"
*'~_..~..v::~- ~.~ . ~..:~.~.':~.~.~:.~ ' '-" ~:'"~:-:'~'~ ~'~:"~*:'-'~'
- THIS IS TO ~ERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE I~SURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
[.. TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L~MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLICY EFFECTIVE POUCY EXPIRATION LIMITS
iLTR TYPE OF INSURANCE POLICY NUMBER DATE (MM:DD/Yv) DATE (MM/DD£FY)
GENERAL LIABILITY GENERAL AGGREGATE $
.... COMMERCIAL GENERAL L.ABIL TY -P--~-~:S:~,M~P;-(~P A~G--G~-- S
CLAIMS MADE OCClJR. PERSONAl. ~. ADV f~URv
.... OWNER'S & CONTRAC-~:OR S PRCT. -~ACH OC$~RRENCE
F'PE ~,AMAGE :Ary :re firel S
D,S~ASE--I~(~I' C~' LEU''r'' -----~ ............
EMPLOYER'S LIABILITY .........
D.SEASE--EACH EMPLOYEE $
Owners and Contractors $1,000,000. Aggregate Limit
A Protective Liability CLP 2 271 215 6/27/96 4/30/97 $1,000,000. Each Occurrence
Policy Limit
Re: Gateway Business Park Storm Drainage for Catelus Development Corp. Coppell, Tx
Designation of Contractor: Tri-Tech Construction, Inc.
ICERTIFICATE HOLDER .f,:. :-':.~~-' ~,~.~.':~.~::.:.;~c,: ~,:.;.. CANCEU.:A.TiON-:,.~;~.:.~-~._~ , '~:'..':;,.~.~%'.; :;~~.~_'_':..:.
~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
] EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CIT"~ OF COPPELL :~] MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
P O BOX 478 '~ THE LEFT, BUT FAILURE TO MAIL CUGt I NOTIOE 311ALL IMP(Y3E NO ODLIGA?ION
COPPELL TX 7 6 019 ;' oR UABIUTY OF/~IY KIND UI;~)N Ti,lB COMPANY. Frs/V~ENTS OR laEI~PE~F~FrATIVE~
· ' R ..... .~-'- ,~- ~--.~ -" -- · ~'~-~','.-"-.'~. :"r?., ~ ........ ' ..........
.. respect to its completion or modification.
I
GENERAl, CONDITIONS
- OF TI-tE
-.5
- CONSTRUCTION CONTRACT "
. Prepared by
Engineers' Joint Contract Documents Committee
- and
Issued and Published Jointly By
SOCIEI'Y OF
! £NGII, IEER$
...J
-- ~ PROFESSIONAL ENGINEERS IN'PRIVATE PRACTICE
· ~ · a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated Genera ontractora of America
These General Conditions have been prepared for use with the Owner-Contractor Agreements (No.
1910-8-A-i or 1910~8-A-2, 1983 editions). Their provisions are interrelated and a change in one may
-- necessitate a change in the ot,h_ ers. Comments concerning their usage are co.n.tained in the Commentary
on Agreements for Engifleering Services and .Contract Documents, No. 1910-9, 1981 'edition. For
-- guidance in the preparation of Supplementary C~o~aitio'ng, 'see Guide to the Preparation of Supple-
.._ mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of
Instructions to Bidders (No. 1910-12, 1983 edition) may be used.
I~1983 National Society of Professional Engineers
2029 K Street, N.W., Washington. D.C. 20C~6
American Consulting Engineers Council
101.5 15th Street, N.W., Washington. D.C.
American Society of Civil Engineers
345 East 47th Street, blew York, NY 10017
~-' Construction Specifications Institute
601 bladison St., Alexandria. VA 22314
TABLE OF CONTENTS OF GENERAL CONDITIONS ,
Article
lgumber Title Page
I DEFINITIONS ..................................................... 7
2 PRELIMINARY MATTERS ........................................ -
3 CONTRACT DOCUMENTS:
INTENT, AMENDING AND REUSE 9
4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS:
REFERENCE POINTS ..............................................
6 CONTRACTOR'S RESPONSIBILITIES ............................ 14
7 OTHER WORK ' ' ' 18
8 OWNER'S RESPONSIBILITIES ....................... ,.: .......... 19
9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19
10 CHANGES IN THE WORK ......................................... 21
l I CHANGE OF CONTRACT PRICE .................................. 2
12 CHANGE OF CONTRACT TIblE ................................... 24
13 WARRANTY AND GUARANTEE; TESTS AND
INSPECTIONS; CORRECTION. RE),IOVAL OR
ACCEPTANCE OF DEFEr. t t v'E WORK ........................... 24
14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26
15 SUSPENSION OF WORK AND TERMINATION .................. 29
16 ARBITRATION ..................................................... . 31
17 MISCELLANEOUS ................................................. .32
INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance of Insurance ............................. 5.13 Contractor's Warranty of Title ........................ 14.3
Access to the Work .................................. 13.2 Contractors.~other ..: ................................... 7
Addenda--definition of (see definition of Contractual Liability Insurance ' 5.4
Specifications) ........................................ I Coordinating Contractor--definition of ................ 7.4
Agreement---definition of ................................ I Coordination ........... ': .............................. 7.4
All Risk Insurance ..................................... 5.6 Copies of Documents .................................. 2.2
Amendment, Written ............................. 1, 3.1. ! Correction or Removal of Defective Work ........... 13.1 I
Application for Payment---definition of .................. I Correction Period, One Year ........................ 13.12
Application for Payment, Final ...................... 14.12 Correction, Removal or Acceptance of Defective
Application for Progress Payment .................... 14.2 Work--in general ' ' 13;1 b-13.14
Application for Progress Payment--review of .... 14.4-14.7 Cost--net decrease ................................. I 1.6.2
Arbitration ............................................. 16 Cost of Work ......................... : .......... 11.4-11.5
Authorized Variation in Work ......................... 9.5 Costs, Supplemental ................................ 11.4.5
Availability of Lands .................................. 4. I
Award, Notice of--defined .............................. I Day~efinition of ....................................... 1
Defective---definition of ................................. I
Before Starting Construction ...................... 2.5-2.7 Defective Work, Acceptance of ...................... 13.13
Bid---definition of ....................................... I Defective Work, Correction or Removal-of- .......... 13.11
Bonds and Insurance--in general ........................ 5 Defective Work-2-iq general ............... t.5.14.7, 14. I
Bonds definition of ..................................... I Defective Work. Rejecting ............................. 9.6
.Bonds, Delivery of ............................... 2.1,5.1 Definitions .............................................. 1
Bonds, Performance and Other .................... 5.1-5.2 Delivery of Bonds ..................................... 2. I
Determination for Unit Prices ........................ 9.10
Cash Allowances ........................ -. ............ 11.8 Disputes, Decisions by Engineer ................. 9.11-9.12
Change Order---definition of ............................. I Documents, Copies of ................................. 2.2
Change Orders--to be executed ...................... 10.4 Documents, Record .................................. 6.19
Changes in the Work ................................... I0 Documemts, Reuse .................................... 3.6
Claims, Waiver of--on Final Payment ............... 14.16 Drawings~definitio.n of ................................. 1
Clarifications and Interpretations ...................... 9.4
Cleaning ............................................. 6.17 Easements ............................................ 4.
Completion ............................................. 14 Effective date of Agreement~efinition of ............... 1
Completion, Substantial =. ....................... 14.8-14.9 Emergencies ......................................... 6.22
Conference. Preconstruction .......................... 2.8 Engineer--definition of .................................. I
Conflict, Error. Discrepancy--Contractor Engineer's Decisions ............................ 9.10-9.12
to Report ...................................... 2.5, 3.3 Engineer's--Notice Work is Acceptable ............. I-L 13
Construction Machinery, Equipment, etc .............. 6.4 Engineer's Recommendation of Payment ...... N.4. Ia. 13
Continuing Work ..................................... 6.29 Engineer's Responsibilities, Limitations
Contract Documents---amending and on .................................. 6.6.9.11.9.13-9.16
supplementing .................................. 3.4-3.5 Engineer's Status I~uring Construction--in ~eneral ...... 9
Contract Documents~clefinition of ...................... I Equipment, Labor; Materials and ......... 7 ........ 6.3-6.6
Contract Documents !meat ...................... 3.1-3.3 Equivalent Materials and Equipment .................. 6.7
Contract Documents---Reuse of 3.6 Explorations of physical conditions '
Contract Price. Change of .............................. [ 1
Contract Price--definition ............................... I Fee, Contractor's--Costs Plus ........................ 11.6
Contract Time, Change of .............................. 12 Field Order~definition of ...............................
Contract Time. Commencement of .................... 2.3 Field Order--issued by Engineer ................ 3.5.1.9.5
'Contract Time--definition of ............... I Final Application for Payment .......................
Contractor--definition of ................................ I Final Inspection ..................................... 14.11
Contractor May Stop Work or Terminate ............. 15.5 Final Payment and Acceptance ...................... la. 13
Contractor's Continuing Obligation .................. 14.15 Final Payment, Recommendation of ........... 14.13-14. l'
Contractor's Duty to Report Discrepancy
in Documents .................................. 2.5.3.2 General Provisions .............................. 17.3-17.4
Contractor's Fee--Cost Plus ... I 1.4.5.6, 11.5. I. I 1.6-11.7 General Requirements~deflnition of .................... 1
Contractor's Liability Insurance ....................... 5.3 General Requirements principal '
Contractor's Responsibilities--in general ................ 6 references to ................. 2.6.4.4.6.4.6.6-6.7, 6.23
Giving Notice ........................................ 17.1 Payments to Contractor--when duc ........... 14.4, 14.
Guarantee of Work--by Contractor ................... 13.1 Payments to Contractor--withholding ................ 14.7
Performance and other Bonds ..................... 5.1-5.2
Indemnification ................................. 6.30-6.32 Permits ............................................... 6.13
Inspection, Final .................................... 14.11 Physical Conditions ................................... 4.2
Inspection. Tests and .................................. 13.3 Physical Conditions---Engineer's review .............
Insurance. Bonds and--in general ....................... 5 Physical Conditions existing structures
Insurance, Certificates of ........................... 2.7, $ Physical Condition:~ explorations and reports ....... 4.2.1
Insurance---completed operations ...................... 5.3 Physical Conditions--possible. document change ..... 4.2..5
Insurance, Contractor's Liability ...................... 5.3 Physical Conditions---price and time adjustments .... 4.2.5
Insurance, Contractual Liability ....................... $.4 Physical Conditions-report or' differing ............. 4.2.3
Insurance, Owner's Liability .......................... $.5 Physical Conditions~Underground Facilities .......... 4.3
Insurance, Property .............................. $.6-5.13 Preconstruction Conference ................ ' .... :~ ..... 2.8
Insurance--Waiver of Rights ......................... 'i.I 1 Preliminary Matters ..................................... 2
Intent of Cont,~ct Documents ................... 3.3, 9.14 Premises, Use of ................. . .............. 6.16-6.18 _ _
Interpretations and Clarifications ...................... 9.4 Price, Change of Contract .............................. ! 1
Investigations of physical conditions ................... 4.2 Price-Contract--definition or' ............................ I
Progress Payment, Applications for ................... 14.2
Labor, Materials and Equipment 6.3.6.$ Progress Pavment--retaina~,e
Laws and Regulations-definition or' ..................... 1 Progress schedule ............... 2.6, 2.9, 6.6, 6.29, I$.2.6
Laws and Regulations~general ....................... 6.14 Project-~definition of .................................... 1
Liability Insurance-Contractor's .................. ; .. $.3 Project Representation---provision for=-g-;-,-,-,- ............ 9.3
Liability In~uranc~--.Owner's ......................... :~.$ Project Representative, Resident--definition of ..........
Lien.~:definitions of ................................ 14.2 Project, Starting the ................................... 2.4
Limitations on Engineer's Property Insurahce .............................. : 5.6-5.13
Responsibilities ..................... 6.6, 9.1 I, 9.13-9.16 Property Insurance--Partial Utilization ............... 5.15
Property Insurance--Receipt and Application
Materials and equipment--t'urnished by Contractor .... 6.3 of Proceeds ................................... 5.12-5.13
Materials and equipment--not Protection, Safety and .......... ;'-. .............. -. 6.20-6.21
incorporated in Work .............................. 14.2 Punch list ........................................... - 1~. 11
Materials or equipment--equivalent 6.7
Miscellaneous Provisions ............................... 17 Recommendation of Payment ...... ;; .......... 14.4, 14.13
[ biulti-prime contracts ................................... 7 Record Documents ................................... 6.19
Reference Points : .....................................
Notice, Giving of ..................................... 17.1 Regulations, Laws and ............................... 6.14
! Notice of Acceptability of Project ................... 14.13 Rejecting Defective Work ............................. 9.6
Notice of Award--definition of .......................... I Related Work at Site .............................. 7.1-7.3
Notice to Proceed---definition or' ......................... I Remedies Not Exclusive ............................. 17.4
Notice to Proceed~giving of .......................... 2.3 Removal or Correction of Defective Work ........... 13.11
Resident Project Representative~efinition of ........... 1
"Or-Equal" Items ..................................... 6.7 Resident Project Representative--provision for ........ 9.3
Other contractors ....................................... 7 Responsibilities, Contractor's-~in general ............... 6
Other work .............................................. 7 Responsibilities, Engineer's--id general ................. 9
Overtime Work--prohibition of ........................ 6.3 Responsibilities, Owner's--in general .................... 8
Owner~definition of .................................... I Retainage ............................................ 14.2
Owner ,May Correct Defective Work ................. 13.14 Reuse of Documents ..................................
Owner May Stop Work ................................ 13.10 Rights of Way ......................................... 4.1
Owner blay Suspend Work, Terminate .......... 15.1-15.4 Royalties, Patent Fees and ........................... 6.12
Owner's Duty to Execute Change Orders ............. 11.8
Owner's Liability Insurance ........................... 5.5 Safety and Protection ............................ 6.20-6.21
Owner's Representative--Engineer to serve as ........ 9.1 Samples ......................................... 6.23-6.28
Owner's Responsibilities--in general .................... 8 Schedule of progress ........ 2.6, 2.8-2.9.6.6, 6.29, 15.2.6
Owner's Separate Representative at site ............... 9.3 Schedule of Shop Drawing
submissions ...................... 2.6.2.8-2.9.6.23, 14.1
Partial Utilization .................................. 14.10 Schedule of values ...................... 2.6, 2.8-2.9, 14.1
Par!.ial Utilization definition of ......................... I Schedules, Finalizing .................................. 2.9
Partial Utili?ation~Property Insurance ............... 5.15 Shop Drawings and Samples ..................... 6.23-6.28
Patent Fees and Royalties ............................ 6.12 Shop Drawing~ definition of ............................ I
Payments, Recommendation of ........... 14.4-14.?, 14.13 Shop Drawings, use to.approve ·
'Payments to Contractor--in general .................... 14 substitutions ...................................... 6.7.3
Site. Visits to---by Engineer ........................... 9.2 Time.'Computation or' ................................
Specification~ definition of ............................. I Time. Contract--definition of ............................
Starting Construction, Before ...................... 2.5-2.8
Stari[ng the Project .................................... 2.4 Uncovering Work ............................... 13.$-13.9
Stopping Work--by Contractor ....................... 15.5 Underground Facilities---definition of .................... I
Stopping Work--by Owner .......................... 13.10 Underground Facilities--not shown or indicated ..... 4.3.2
Subcontractor--definition of ..... 'I Underground Facilities--protectioh of ........... 4.3.6.20
Subcontractors--in general ....................... 6.8-6. I I Underground Facilities--shown or indicated ......... 4.3.1
Subcontracts--required provisions ............ 5.11. I. 6.11 Unit Price Work---definition of ..........................
11.4.3 Unit Price Work--general ................. 11.9. 14.1.14.5
"Substantial Completion--certification of .............. 14.8 Unit Prices ......................................... I 1.3.1
Substantial Completion definition of .................... I Unit Prices, Determinations for ....................... 9.10
Substitute or "Or-Equal" Items ....................... 6.7 Use of Premises .................................6.16-6.18
Subsurface Conditions ............................. 4.2-4.3 Utility owners .......................... 6.13.6.20.7.2-7.3
Supplemental costs ................................. 11.4.5
Supplementary Conditior~-definition of ................ I Values, Schedule of ......................... 2.6.2.9.14.
Supplementary Conditions--principal -= ' Variations in Work--Authorized ............ 6.25.6.27.9.5
references to .. 2.2. 4.2, 5.1. 5.3, 5.6-$.8, 6.3, 6.13, 6.23. Visits toSite--byF-ngineer ............................ 9.2
7,4.9.3
, Supplementing Contract Documents ............... 3.4-3.5 Waiver of Claim: on Final Payment ................ 14.16
Supplier---definition o[ ................................... I Waiver of Rights by insured parties ............. 5. I0.6. I I
Supplier--principal references to ... 3.6, 6.5, 6.7-6.9, 6.20. Warranty and Guarantee--by Contractor ............. 13.1
6.24, 9.13, 9.16, 11.8, 13.4, 14.12 Warranty of Title, Contractor's :.z::.~.~ .............. 14.3
Surety--consent to payment .................. 14.12. 14.14 Work, Acces~ to ..................................... 13.2
Surety--Engineer has no duty to ..................... 9.13 Work---by others ........................................ 7
Surety--notice to .......................... 10.1, 10.5, 15.2 Work Continuitig During Disputes .................... 6.29
Surety--qualification of ........................... 5.1-5.2 Work, Cost of .................................... 11.4.11.5
Suspending Work, by Owner ......................... 15.1 Work--definition of ..................................... 1
Suspension of Work and Termination---in general ....... 15
Work Directive Change--definition of ................... I
Superintendent--Contractor's ......................... 6.2 Work Directive Change--principal
Supervision and Superintendence .................. 6.1-6.2
references to ............................ 3.4.3. I0.1-10.2
Work, Neglected b.v Contractor ..................... 13.
Taxes--Payment by Contractor ....................... 6.15 Work, Stopping b.y Contractor ........................ 15.5
Termination--by Contractor .......................... 15.5 Work, Stopping by Owner ' 15.1-15.4
Terminatior~---by Owner ......................... 15.2-15.4 Written Amendment--definition of ...................... 1
Termination, Suspension of Work and~in general ...... 15
Written Amendmen~principal
Tests and Inspections ........................... 13.3-13.7 references to ..................... 3.4.1.10.1. 112. 12.1
Time, Change of Contract .............................. 12
GENERAL CONDITIONS . defecti~,~,~An adjective which when modifying the word Work
\ refers to Work that is unsatisfactory, faulty or deficient, or
-- does not conform to the Contract Documents. or does not
ARTICLE I--DEFINITIONS meet the requirements of any inspection, reference standard.
test or approval referred to in the Contract Documents. or
Wherever used in these General Conditions or in the other has been damaged prior to ENGINEER's recommendation
~ Contract Documents the following terms have the meanings of final payment (unless responsibility for the protection thereof
indicated which are applicable to both the singular and plural has been assumed by OWNER at Substantial Completion in
"~ there?f: accordance with paragraph 14.8 or 14. I0).
Addenda--Written or graphic instruments issued prior to the Drawings--The drawings which show the character and scope
opening of Bids which clarify, correct or change the bidding of the Work to be performed and which have been prepared
documents or the Contract'Documents. or approved by ENGINEER and are referred to in the Con-
~ tract Documents.
Agreement--The written agreement between OWNER and ",
CON'TRACTOR covering the Work to be performed; ~ther Effective Date of the Agreement--The date indicated in the
Contract Documents are attached to the Agreement and made Agreement on which it becomes effective, but if no such date
-- a peel. thereof as provided therein, is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
, Application for. Payment--The form accepted by ENGI- deliver. '
lqEER which is to be used by CONTRACTOR in requesting
. :' progress or final payments and wli[ch is to ioclude such sup- ENGINEER--Theperson,firmorcorp6~i~onnamedassuch
porting documentation as is required by the Contract in the Agreement.
Documents. .
-- Field Order--A'~citten order issued by ENGINEER which
~ Bid--The offer or propose! of the bidder submitted on the orders minor changes in the Work in accordance with para-
' J prescribed form setting forth the prices for the Work to be graph 9.5 but which does not involve.a change in the Contract
performed. Price or the Contract Time.
L J Bonds--Bid, performance and payment bonds and other General Requirements--Sections of Division ! of the Speci-
instruments of security, fications, ..
"] Change Order--A document recommended by ENGINEER. Laws and Regttlations: Laws or R~'gtdations--Laws. rules.
. I ' which is signed by CONTRACTOR and OWNER and autho- regulations, ordinances, codes and/or orders.
rizes an addition, deletion or revision in the Work, or an
-- adjustmentintheContractPriceortheContractTime, issued Notice of Award~The written notice by OWNER to the
on or after the Effective Date of the Aureement. apparent successful bidder stating that upon compliance by
' the apparent successful bidder with the conditions precedent
-- Contract Docaments--The Agreement, Addenda (which per- enumerated therein, within the time specified, OWNER will
.?...~ lain to the Contract Documents), CONTRACTOR's Bid sign and deliver the Agreement.
:-".'(including documentation accompanying the Bid and any post- Notice to Proceed~A written notice given by OWNER to
Bid documentation submitted prior to the lqotice of Award) CONTRACTOR (with a copy to ENGINEER) fixing the date
-- when attached as an exhibit to the Agreement. the Bonds,
on which the Contract Time will commence to run and on
these General Conditions, the Supplementary Conditions. the which CONTRACTOR shall start to perform CONTRAC-
Specifications and the Drawings as the same are more spe- TOR'S obligations under the Contract Documents.
-- cifically identified in the Agreement, together with all amend-
ments, modifications and supplements issued pursuant to OWNE. R--The public body or authority, corporation, esso-
paragraphs 3.4 and 3.5 on or after the Effective Date of the clarion, firm or person with whom CONTRACTOR has entered
Agreement. into the Agreement and for whom the Work is to be provided.
Contract Price--The moneys payable by OWNER to CON- Partial Utili:ation--Placing a portion of the Work in service
.TRAC'I'OR under the Contract Documents as stated in the for the purpose for which it is intended {or a related purpose~
Agreement (subject to the provisions of paragraph I 1.9.1 in before reachln_~ Substantial Completion for all the Work.
-- the caae of Unit Price Work).
Project--The total construction of Which the Work to be
Contract Time--The number of days (computed as provided provided under the Contract Do~:uments may be the whole.
_ in paragraph 1.7.2) or the date stated, ia the Agreement for the or a parr as indicated elsewhere in_ the Contract Documents.
- completion of the Work. - - - '..- ' . .
...... ....... ...- ..:. :.~ . ...... .- Resident ~ro. iect RepresentaJlve--The authorized represen-
CONTRACTOR-~Tl3¢ person, fum or c. orporadon with. whom . tativeofENOINEERwhoisassignedtothesiteoranypart
-- -OWNEP~. . _ . has-entered.,...- into the Agreement... . . ::: :-: .~..-... f, thereof. :" ::': '-- '.-- :"--' .' "" - ' :' '" --
Shop DrawingswAll drawings, diagrams, illustrations, ordering an addition, deletion or revision in the Work. or
schedules and other data which are specifically prepared by responding to differing or unforeseen physical conditions under
or for CONTRACTOR to illustrate some portion of the Work which the Work is to be performed as provided in paragraph
' 9'9
and all illustrations, brochures, standard schedules, perfor- 4.2 or 4.3 or to emergencies under paragraph 6 .... A Work
mance charts, instructions, diagrams and other information Directive Change may not change the Contract Price or the
prepared by a Supplier and submitted by CONTRACTOR to Contract Time, but is evidence that the parties expect that
illustrate material or equipment for some portion of the Work. the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Specifications--Those portions of the Contract Documents Order following negotiations by the parties as to its effect, if
consisting of written technical descriptions of materials, any, on the Contract Price or Contract Time as provided in
equipment, construction systems, standards and workman- paragraph 10.2.
ship as applied to the Work and certain administrative details
applicable thereto. Written Amendment--A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
Subcontractor--An individual, firm or corporation having a after the Effective Date of the Agreement and normally deal-
direct contract with CONTRACTOR or with any other Sub- hag with the nonengineering or nontechnical rather than strictly
contractor for the performance of a part of the' W~-rk at the Work-related aapects of the Contract Documents.
site.
Substantial Completion--The Work (or a specified part thereof)
has progressed to the point where, in the opinion of ENGI- ARTICLE 2--PRELIMINARY MATTERS
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion, it is sufficiently complete, in Delivery o. fB. qnds: ......
accordance with the Contract Documents, so that the Work
(or specified part) can be utilized for the purposes for which 2.1. Whefi' CON'I'RACTOR delivers the executed A_rree-
it is intended; or if there be no such certificate issued, when ments to OWNER, CONTRACTOR shall also deliver to
final pa}'ment is due in accordance with paragraph 14.13. The OWNER such Bonds aa CONT1La, CTOR may be required to
terms "substantially complete" and "substantially com- furnish in accordance with paragraph 5.1.
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
Copies of Documents:
Supplementary Conditions--The part of the Contract Docu- 2.2. OWNER shall furnish to CONTIL&CTOR up to ten
merits which amends or supplements these General Condi- copies (unless otherwise specified in the SupplementeD' Con-
tion$, ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work'. Additional copies ,.,.'ill
be furnished, upon request, at the i:ost of reproduction.
Supplier--A manufacturer, fabricator, supplier, distributor,
materialman or vendor.
Commencement of Contract Time; Notice to Proceed:
Underground Facilities--All pipelines, conduits, ducts, cables, 2.3. The Contract Time will commence to run on the
wires, manholes, vaults, tanks, tunnels or other such facilities thirtieth day after the Effective Date of the-Agreement, or. if
or attachments, and any encaaemcms containing such facil- a Notice ~o Proceed is give~ on the day indicated in the
ities which have been installed underground to furnish any of }qotiee to Proceed. A Notice to Proceed may be given at an.,.'
the following service,: or materials: electricity, gases, steam, time within thirty days after the Effective Date of the Agree-
liquid petroleum products, telephone or other communica- merit. In no event will the Contract Time commence to run
tions, cable television, sewage and drainage removal, traffic later than the seventy-fifth day after the day of Bid opening
or other control systems or water, or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
Unit Price Work--Work to be paid for on the basis of unit
prices.
Stern'nc the Project:
Work--The entire completed construction or the various sep- 2.4. CON~CTOR shall start to perform the Work on
stately identifiable parts thereof required to be furnished the date when the Contract Time commences to run, but no
under the Contract Documents. Work is the result of per- Work shall be done at the site prior to the date on which the
forming services, furnishing labor and furnishing and incor- Contract Time commences to run.
porating materials and equipment into the construction, all
as required by the Contract Documents.
Before Starting Construction:
Work Directive. Change--A written directive to CONTRAC- 2.5. Before undertaking each part of the Work, CON-
TOR., ~ssued on or after the Effective Date of the Agreement TRACTOR shall carefully study and compare the Contract
and signed by OWNER a~r~d recommended by ENGINEER, DOcuments and check and verify pertinent figures sho~vn
-'!
thereon and all applicable field measurements. CONTRAC- graph 2.6. The finalized progress schedule will be acceptable
x TOR shall promptly report in writing to ENGINEER any to ENGINEER as providing an orderly progression of the
.a,. conflict, error or discrepancy which CONTRACTOR may Work to completion within the Contract Time. but such
discover and shall obtain a written interpretation or clarifi- acceptance will neither impose on ENGINEER responsibility
cation from ENGINEER before proceeding with any Work for the progress or scheduling of the Work nor relieve CON-
_ affected thereby; however, CONTRACTOR shall not be lie- TRACTOR from full responsibility therefgr. The finalized
ble to OWNER or ENGINEER for failure to report any schedule of Shop Drawing submissions will be acceptable to
-a conflict, error or discrepancy in the Contract Documents, ENGINEER as providing a workable arrangement for pro-
unless CONTRACTOR had actual knowledge thereof or should cessing the submissions. The finalized schedule of values will
-- reasonably have known thereof.- be acceptable to ENGINEER as to form and substance.
2.6. Within ten days after the Effective Date of the Agree-
_ ment (unless otherwise specified in the General Require- ARTICLE 3--CONTRACT DOCUlvIENTS: INTENT.
ments), CONTRACTOR shall submit to ENGINEER for AbIENDING. REUSE"
review:
-- 2.6.1. an estimated progress schedule indicating the Intent:
starting and completion dates of the various stages of the 3.1. The Contract Documents comprise the entire .agree-
. Work; ment between OWNER and CONTRACTOR concerning the
-- .- Work. The Contract Documents are ~:_o..m_plementary; what is
2.6.2. a preliminary schedule of Shop Drawing sub- called for by one is as binding as if ~:i;ii~'~' for by all. The
missions; and Contract Documents will be construed in accordance with
the law of the place of the Project.
~' 2.6'.3.. a preliminary schedule of values for all of the
Work which w~ include quantities and prices of items 3.2. ItlstheintentoftheContractDocumentstodescribe
aggregating the Contract Price and will Subdivide the Work a functionally complete Project (or part thereof} to be con-
into component parts in sufficient detail to serve as the str:ucted in accordance with the Contract Documents;=Any
basis for progress payments during construction. Such Work, materials or equipment that may reasonably be inferred
'~ prices will include an appropriate amount of overhead and from the Contract Documents as being required to produce
· profit applicable to each item of'Work which will.be con- the inte'fided result will be supplied whether or not specifically
'-'~ _i~ firmed in writing by CONTRACTOR at the time of sub- called for. When words which hav'e-~ well-known technical
; j mission, or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
2.7. Before any Work at the site is started, CONTRAC- that meaning. Reference to standard specifications, manuals
-- ' 1 TOR shall deliver to OWl'qER, with a copy to ENGINEER, or codes of any technical society, organization or association.
,..} certificates (and other evidence of insurance requested by or to the Laws or Regulations of any governmental authority.
OV/NER) which CONTRACTOR is required to purchase and whether such reference be specific or by implication, shall
~ maintain in accordance with paragraphs 5.3 and 5.4, and mean the latest standard specification, manual, code or Laws
. .: OWNER shall deliver to CONTRACTOR certificates (and or Regulations in effect at the time of opening of Bids (or, on
:-".~ other evidence of insurance requested by CONTRACTOR) the Effective Date of the Agreement if there were no Bidsl.
which OWNER is required to purchase and maintain in except as may be otherwise specifically stated. However. no
-- accordance with paragraphs $.6 and .5.7. provision of any referenced standard specification, manual
or code (whether or not specifically incorporated by reference
Precon:truction Conference: in the Contract Documents) shall be effective to change the
~ duties and responsibilities of OWNER, CONTIL-~CTOR or
2.8. Within twenty days after the Effective Date of the ENGh'qEEtC or any of their consultants, agents or employ-
Agreement, but before CONTRACTOR starts the Work at ecs from those set forth in the Contract Documents, nor shall
the site, a conference attended by CON IFACTOR, ENGI- it be effective to assign to ENGINEER, or any of ENGI-
-- I'4-EER and others as appropriate will be held to discuss the NEER's consultants, agents or employees, any duty or
schedules referred to in paragraph 2.6, to discuss procedures authority to supervise or direct the furnishing or performance
-for handling Shop Drawings and other submittals and for of the Work or any duty or authority to undertake responsi-
processingApplications forPayment, andtoestablishaworking bility contrary to the provisions of paragraph 9.15 or 9.16.
m. understanding among the parties as to the Work. Clarifications and interpretations of the Contract Documents
- -- shall be issued by ENGINEER as provided in paragraph 9.4.
~. Ffnmr~fng Schedules: . 3.3. 'It-, during the performance of the WOrk, CONTRAC-
2.9..At least ten days bef6r~ sul~missio~ Of the first Appli- . TOR finds a conflict, error or discrepancy 'in the Contract
-~ k;ation for' Payment a conference attended by CONTRAC- . Documents, CONTRACTOR shall so report to ENGINEER
·
TOR, ENGINEER and others as appropriate will be held to .:. in writing_at once and before proceeding with the Work affected
--' fii~aHze the schedules $ubrhitted in accordance with para- thereby shall obtain a written interpretation or clarification
-'" = : ':-'" 9 "'"" ' '
from ENGINEER; however, CONTRACTOR shall not be such other lands which are designated for the use of CON-
liable to OWNER or ENGINEER for failure to report any TRACTOR. Easements for permanent structures or perma-
conflict, error or discrepancy in the Contract Documents nent changes in existing facilities will be obtained and paid
unless CONTRACTOR had actual knowledge thereof or should for by OWNER. unless otherwise provided in the Contract
reasonably have known thereof. Documents. If CONTRACTOR believes that an.,,' delay in
OWNER's furnishing these lands, rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
Amending and Supplementing Contract Documents: . tract Time. CONTRACTOR may make a claim therefor as
3.4. The Contract Documents may be amended to prO- provided in Article 12. CONTRACTOR shall provide for all
vide for additions, deletions and revisions in the Work or to additional lands and access thereto that may be required for
modify the terms and conditions thereof in one or rhore of temporary, construction facilities or storage of materials and
the following ways: equipment.
3.4.1. a formal Written Amendment, Physical Coniiition$:
3.4.2. a Change Order {pursuant to paragraph 10.4}, 4.2.1. ~-r'p-I;}~'ations and Reports: Reference is made
or to the Supplementary Conditions for identification of those '
reports of explorations and tests of subsurface conditi6ns
3.4.3. a Work Directive Change (pursuant to para- at the site that have been utilized by ENGINEER in prep-
graph I0.1 ). station of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
As indicated in paragraphs 11.2 and 12.1, Contract Price and such reports, but not upon nontechnical data. interprets-
Contract Time may only be changed by a Change Order or a tions or opinions contained therein or for the completeness
Written Amendment. thereof for CONTRACTOI:['~"~u-'rI~oses. Except as indi-
cated in 'the immediately preceding sentence and in para-
3..5. In addition, the requirements of'the Contract Docu- graph 4.2.6, CONTRACTOR shall have full responsibility
ments may be supplemented, and minor variations and devia- with respect to subsurface conditions at the site.
tions in the Work may be authorized, in one or more of the
following ways: 4.2.2. Existing Structures~'Reference is made to the
Supplementary. Condiriong for identification of those
3.5.1. a Field Order (pursuant to paragraph 9.§), drawings of physical conditions.in or relating to existing
surface and subsurface struct.ures (except Under.~'ound
3.5.2. ENGINEER's approval of a Shop Drawing or ..Facilities referred to in paragraph 4.3) v'h/ch are at or
sample (pursuant to paragraphs 6.26 and 6.27),' or contiguous to. the site that hak,~ been utilized by ENGI-
NEER in prepaxation of the Contract Documents. CON-
3.5.3. ENGINEER's written interpretation or clarifi- TRACTOR may rely upon the. accuracy of the technical
cation (pursuant to paragraph 9.4). data contained in such drawings, but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
Reuse of Documents: indicated in the immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have full respon-
3.6. Neither CONTRACTOR nor any Subcontractor or sibility with respect to physical conditions in or relating
Supplier or other person or organization performing or fur- to such structures.
: nishing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership 4.2.3. Report of Differing Conditions: If CONTR:kC-
rights in any of the Drawings, Specifications or other docu- TOR believes that:
merits (or copies of any thereof) prepared by or bearing the
seal of ENGINEER; and they shall not reuse any of them on 4.2.3.1. any technical data on which CONTR.-kC-
extensions of the Project or any other project without written TOR is entitled to rely as provided in paragraphs 4.2.1
consent of OWNER and ENGINEER and specific written and 4.2.2 is inaccurate, or
verification or adaptation by ENGINEER.
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from thai. indi-
ARTICLE 4 AVAILABILITY OF LANDS; PHYSICAL eared, reflected or referred to in the Contract DOCu-
CONDITIONS; REFERENCE POINTS ments,
Availability off. an&: CONTRACTOR shall, promptly after becoming aware
' - thereof'and before performing any Work in connection
4.1. OWNER. shall furnish, aa indicated in the Contract therewith (except in an emergency as permitted by para-
Documents,. the lands upon which 'the Work is to be per- graph 6.22), notify OWNER and ENGINEER in xnwiting
formed, rights-of-way and easements fo£ access thereto, and '- .' 'about the inaccuracy or difference.'
4.2.4. ENGINEER's Reriew: ENGINEER will determine the extent to which the Contract Documents
promptly review the pertinent conditions, determine the should be modified to reflect and document the conse-
necessity of obtaining additional explorations or tests with quences of the existence of the Underground Facility. and
respect thereto and advis8 OWNER in writing {with a copy the Contract Documents will be amended or supplemented
to CONTRACTOR) of ENGINEER's findings and con- to the extent necessary. During such time. CONTRAC-
clusions. TOR shall be responsible for the safety and protection of
such Underground Facility as provided in r~aragraph 6.20.
4.2.5. Possible Docnment Change: If ENGINEER CONTRACTOR shall be allowed an increase in the Con-
concludes that there is a material error in the Contract 'wact Price or an extension of the Contract Time, or both.
Documents or that because of newly discovered condi- tO the extent that they are attributable to the existence of
lions a change in the Contract Documents is required, a any Uncle?ground Facility that was not shown or indicated
Work Directive Change or a Change Order will be issued in the Contract Documents and which CONTRACTOR
as provided in Article. 10 to reflect and document the could not reasonably i~ave been expected to be aware of.
consequences of the inaccuracy or difference. If the parties are unable to agree as to the amount or length
thereof, CONTRACTOR may make' a claim therefor as
4.2.6. Possible Price and Time Adjustments: In each provided in Articles 11 and 12.
such case, an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time, or any
combination thereof, will be allowable to the extent that Reference Polnt~:
they are attributable to any such inaccuracy or difference. 4.4. OWNER shall provide engineering surveys to estab-
If OWNER and CONTRACTOR are unable to agree as to liah reference points for construction which in ENGINEER's
the amount or length thereof, a claim may be made therefor judgment are necessary to enable CONTRACTOR to proceed
as provided in Articles 11 and 1'2. with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work-.(unless otherwise specified in the General
Requirements). shall protect and preserve the established
Physical Conditions Underground Facilities: reference points and shall make no changes or relocations
4.3.1. Shown or Indicated: The information and data without the prior written approval of.OWNER. CONTRAC-
shown or indicated in the Contract Documents with respect TOR shall report to ENG1HEER whenever any reference
to existing Underground Facilities at or contiguous to the point is lost or destroyed or requires relocation because of
site is based on information and data furnished to OWNER necessary changes in grades or Iocatibns, and shall be respon-
or ENGINEER by the owners of such Underground Fac[l- s~[e for the accurate replacement or relocation of such ref-
it[es or by other~. Unless it is otherwise expressly'pro- erence points by professionally qua![fled personnel.
vided in the Supplementary ~onditions:
4.3.1.1. OWNER and ENGINEER shall not be ARTICLE 5~BONDS AND INSURANCE
responsible for the accuracy or completeness of any
such information or data; and,
Performance and Other Bond~:
4.3.1.2.' CONTRACTOR shall have full responsi- 5.1. CONTRACTOR shall fumish performance and pay-
bility for reviewing and checking all such information ment Bonds, each in an amount at least equal to th~ Contract
and data, for locating all Underground Facilities shown Price as security for the faithful performance and payment of
or indicated in the Contract Documents, for coordina- all CONTRACTOR's obligations under the Contract Docu-
tion of the Work with the owners of such Underground ments. These Bonds shall remain in effect at least until one
Facilities during construction, for the safety and pro- year after the date when final payment becomes due. except
tection thereof as provided in paragraph 6.20 and as otherwise provided by Law or Regulation or by the Con-
repairing any damage thereto resulting from the Work, tract Documents. CONTRACTOR shall also furnish such
the coat of all of which will be considered as having other Bonds as are required by the Supplementary Condi-
been included in the Contract Price. liOnS. All Bonds shall be in the forms prescribed by La,*' or
Regulation or by the Contract Documents and be executed
4.3.2. blot Shown or Indicated. If an L~ndc~siound by such sureties as are named in the current list of "Corn-
Facility is uncovered or revealed at or contiguous to the pan[es Holding Certificates of Authority as Acceptable Sure-
site which was not shown or .indicated in the Contract ties on Federal Bonds and as Acceptable Reinsuring Corn-
Documents and which CON 1 IiACTOR could not reason- panics" as published in Circular 570 (amended) by the Audit
ably have been expected to be aware of, CONTRACTOR. Staff Bureau of Accounts, U.S. Treasury Department. All
shall, promptly after becoming aware thereof and before Bonds signed by an agent must be accompanied by a certified
performing any Work affected thereby (except in an emer- copy of the authority to act.
gency as permitted by paragraph 6.22), identify the owner "'.
. ofsuchUnde&ipoundFacilityandgivewrittennoticether~0f 5:2. If thc surety on at{y B0nd furaished by CONTR.AC-
to that owner and to OWNER and ENGINEER. ENGI- ' TOR is declared..~t bankrupt or becomes insolyent or its right
NEER will pr6niptly review the Underground Facility to. - to do business is terminated in any state where any part of
the Project is located or it ceases to meet the requirements thirty: days' prior written notice has been given to OW.NER
of paragraph 5.1, CONTRACTOR shall within five days and ENGINEER by certified mail. All such insurance shall
thereafter substitute another Bond and Surety, both of which remain in effect until final payment and at all times thereafter
must be acceptable to OWNER. when CONTRACTOR may be correcting, removing or
. replacing defectire Work in accordance with paragraph 13.12.
In addition, CONTRACTOR shall maintain such completed
Contractor's Liability Insurance: operations insurance for at least two years after final paymem
5.3. CONTRACTOR shall purchase and maintain such and furnish OWNER with evidence of continuation of such
comprehensive general liability and other insurance as is insurance at final payment and one year thereafter.
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRA. CTOR's perfor- Contracmal Liabillty Insurance:
mance and furnishing of the Work and CONTRAC'fOR's 5.4. Thecomprehensivegeneralliabilityinsurancerequired
other obligations under the Contract Documents, whether it by paragraph 5.3 will include contractual liability insurance
is to be performed or furnished by CONTRACTOR, by any applicable to CONTRACTOR's obligations under paragraphs
.... Subcontractor, by anyone directly or indirectly employed by 6.30 and 6.31.
any of them to perform or furnish any of the Work, or by
anyone for whose acts any of them may be liable:
Owner's Liability l~urance: '
5.3.1. Claims under workers' or workmen's compen-
' sation, disability benefits and other similar employee ben- 5.5. OWNF..R shall be responsible for purchasing and
efitacts; maintaining OWNER's own liability insurance and. at
OWNER's option, may purchase and maintain such iasur-
5.3.2. Claims for damages because of bodily injury, ance as will protect OWNER against-claims which ma.,,' arise
occupational sickness or disease, or death of COIqTRAC- from operations under the Contract Documents.
TOR's employees;
5.3.3. Claims for damages because of bodily injury, Property Insurance:
sickness or disease, or death of any person other than 5.6. Unless otherwise provided in the Supplemental'
CONTRACTOR's employees; Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
5.3.4. Claims for damages insured by personal injury thereof (subject to such deductible amounts as may be pro-
liability coverage which are sustained (a) by any person vided in the Supplementary Conditions or required by Laws
as a result of au offense directly or indirectly related to and Regulations). This insurance shall include the interests
the employment of such person by CONTRACTOR, or of OWNER, CONTRACTOR, Subcontractors, ENGINEER
(b) by any other person for any other reason; and ENGINEER's consultants in the Work, all ofwhom sLall
be listed as insurcds or additional insured parties, shall insure
5.3.5. Claims for damages, other than to the Work against the perils of fire and extended coverage and shall
itself, because of injury to or destruction of tangible prop- include "alt risk" insurance for physical loss and damage
erty wherever located, including loss of use resulting including theft, vandalism and malicious mischief, collapse
therefrom; and water damage, and such other perils as may be provided
in the Supplementary Conditions. and shall include damages.
5.3.6. Claims arising out of operation of Laws or Reg- losses and e.ypenses arising out of or resulting from any insured
ulations for damages because of bodily injury or death of loss or incurred in the repair or replacement of any insured
' shy person or for damage to property; and property ¢including but not limited to fees and charges of
engineers, architects, attorneys and other professionaisl. If
5.3.7. Claims for damages because of bodily injury or not covered under the "all risk" insurance or otherwise pro-
death of any person or property damage arising out of the vided in the Supplementary Conditions, CONTRACTOR shall
ownership, maintenance or use of any mgtor vehicle, purchase and maintain similar property insurance on portions
of thc Work stored on and off the site or in transit when such
The insurance required by this paragraph :5.3 shall include portions of the Work are to be inclu_ded in an Application for
the specific coverages and be written for not less than the Payment.
limits of liability and coverages provided in the Supplemen-
tary Conditions, or required by law, whichever is greater. 5.7. OWNER shall purchase and maintain such boiler and
The comprehensive general liability insurance shall include machinery insurance or additional properly insurance as may
completed operations insurance. All of the policies of insur- be required by the Supplementa:y Conditions or Laws and
ance so required to be purchased and maintained {or the Regulations which will include thc intere.su of OWNER.
certificates or other evidence thereof) shall contain a provi- CONTRACTOR, Subcontractors, ENGII'4EER AND
sion or endorsement that the coverage afforded will not be ENGINEER's consultants in the Work. all of whom shall be
cancelled, materially changed or renewal refused until at least listed as insured or additional insured parties. -- - -
5.8. All the policies of insurance (or the certificates or such waiver forms are required of any Subcontractor,
other evidence thereo0 required to be purchased and main- CONTRACTOR will obtain the same.
rained by OWNER in accordance with paragraphs 5.6 and
· 5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal Receipt and. Apl~lication of Proceeds:
refused until at least thirty days' prior written notice has been 5.12. Any insured loss under the policies of insurance
given to CONTRACTOR by certified mail and will contain required by paragraphs 5.6 and 5.7 will be adjusted with
waiver provisions in accordance with paragraph 5.11.2. OWNER and made payable to OWlqER as trustee for the
insureds, as their interests may appear, subject to the require-
5.9. OWNER shall not be responsible for purchasing and ments of any applicable mortgage clause and of paragraph
maintaining any property insurance to protect the interests 5.13. OWNER shall deposit in a separate account any money
of CONTRACTOR, Subcontractors or others in the Work to so received, and shall distribute it in accordance with such
the extent of any deductible amounts that are provided in the agreement as the parties in interest may reach. If no other
.Supplementary Conditions. The risk of loss within the special agreement is reached the .damaged Work shall be
deductible amount, will be borne by CONTRACTOR, Sub- repaired or rep[aced, the moneys' so received applied on
contractoror others suffering any such loss and if any ofthem account thereof and the Work and the cost thereof covered
wishes property insurance coverage within thc limits of such by an appropriate Change Order or Written Amendment.
amounts, each may purchase and maintain it at the purchas-
er's own expense. 5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
$.10. If CONTRACTOR requests in writing that other interest shall object in writing within--fifteen days after the
special insurance be included in the property insurance poi- occurrence of loss to OWNER's exercise 9f this power. If
icy, OWNER shall, if poss~le, include such insurance, and such objection be made, OWNER as trustee shall make set-
the cost thereof will be charged to CONTRACTOR by appro- tlement with th~ insurers in accordance with such agreement
pt'iate Change Order or Written Amendment. Prior to corn- as the par~es in interest may reach. If required in writing by
mencement of thc Work at the site, OWNER shall in writing any party in interest, OWNER as trustee shaH, upon the
advise CONTRACTOR whether or not such other insurance occurrence of an insured loss, give bond for the proper per-:
has been procured by OWNER. formance of such duties.
Waiver of Right~: Acceptahce of Insurance:
5.11.1. OWNER and CONTRACTOR waive all rights 5.14. IfOWNERhasanyobjectio~6theco'verageafforded'
against each other for all losses and damages caused by by or other provisio6s of the insurance ~'eq~:ired to be pur-
any of the perils covered by the policies of insurance chased and maintained by CONTRACTOR in accordance
provided in response to paragraphs 5.6 and 5.7 and any with paragraphs 5.3 and 5.4 on the basis of ils not complying
other property insurance applicable to the Work, and also with the Contract Documents, OWNER shall notify CON-
waive all such rights against the Subcontractors, ENGI- TRACTOR in writing thereof within ten days of the date of
NEER, ENGINEER's consultants and all other parties delivery of such certificates to OWNER in accordance with
named as insureds in such policies for losses and damages paragraph 2.7. If COIqTRACTOR has any objection to the
so caused. As required by paragraph 6. I 1, each subcon- coverage afforded by or other provisions of the policies of
tract between CONTRACTOR and a Subcontractor will insurance required to be purchased and maintained by OWNER
contain similar waiver provisions by the Subcontractor in in accordance with paragraphs 5.6 and 5.7 on the basis of
favorofOWNER, CONTRACTOR, ENGINEER, ENGI- their not complying with the Contract Documents, CON-
NEER's consultants and ail other parties named as insureds. TRACTOR shall notify. OWNER in writing thereof within ten
None of the above waivers shall extend to the rights that days of the date of delivery of such certificates to CON-
any of the insured parties may have to the proceeds of TRACTOR in accordance with paragraph 2.7. OWNER and
insurance held by OWNER as trustee or otherwise p.ay- CONTRACTOR shall each provide to the uther such addi-
able under any policy so issued, tional information in respect of insurance provided by each
aa the other may reasonably request. Failure by OWNER or
5. I 1.2. OWNER and CONTRACTOR intend that any CONTRACTOR to give any such notice of objection within
policies provided in response to paragraphs 5.6 and 5.7 the time provided shall constitute acceptance of such insur-
shall protect all of the parties insured and provide primary ance purchased by the other as compiying~with the Contract
coverage for all losses and damages caused by the perils Documents.
covered thereby. A~cordingly, all such policies shall con-
tain provisions to the effect that in the event of payment
_. of any loss or damage ~he insurec will have no rights of Partial fJ'td~z~n---Property Insurance:
recovery against any of the parties named as insureds or SAS. If OWNER finds it necessary to occupy or usc a
additional insureds, and if the insurers require separate portion o~' portions of thc Work prior to Substantial Comple-
'waiver forms to be signed by :ENGINEER br ENGI- tion ct[ aH. the Work, such use or occupancy may be accom-
NEER's-~onsultant OW. NER will obtain the sam~:, and if - plished in accordance with paragraph 14.10; provided that no
such use or occupancy shall commence before the insurers 6.5. All materials and equipment shall he of good quality
providing the property insurance have acknowledged notice and new. except as otherwise provided in the Contract Doc-
thereol' and in writing effected the changes in coverage heres- uments. If required by ENGIHEER. COHTRACTOR shall
sitated thereby. The insurers providing the property insur- furnish satisfactory ev~idence (including repons o£ required
ance shall consent by endorsement on the policy or policies, tests) as to the kind and quality or' materials and equipment.
but the properly insurance shall not be cancelled or lapse on All materials and equipment shall be applied, installed, con-
account of any such partial use or occupancy, netted, erected, used, cleaned and conditioned in accordance
with the instructions of the applicable Suppliei' except as
otherwise provided in the Contract Documents; but no pro-
vision of any such instructions will be effective to assign to
ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES ENGINEER, or any of ENGINEER's consultants, agents or
employees, any duty or authority to supervise or direct the
Supervision and Superintendence: furnishing or performance of the Work or any duty or author-
ity to IJndermke responsibility contrary to the provisions of
6. I. CONTRACTOR shall supervise and direct the Work paragraph 9.15 or 9.16.
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 Doc- Adj~ting t'ragres$ 5che4,e~:
uments. CONTRACTOR shall be solely responsible for the 6.6. CONTRACTOR shall submit to ENGINEER for
means, methods, techniques, sequences and procedures of acceptance (to the extent indicated in paragraph 2.9) adjust-
construction, but CONTRACTOR shall not be responsible meats in the progress sch,;dule to reflect the impact thereon
for the negligence of others in the design or selection of a of new developments; these will conform generally to the
specific means, method, technique, sequence or procedure progress schedule then in effect aqd:_a_.ddi_tionally will comply
of construction which is indicated in and required by the with any provisions of the General Requirements applicable
Contract Documents. CONTRACTOR shall be responsible thereto.
!to see that the finished Work complies accurately with the
Contract Documents.
Substitutes or "Or-Equal" Items:
6.2. CONTRACTOR shall keep on the Work at all times
6.7.1. Whenever materials or equipment are specified
during its progress a competent resident superintendent, who or described in the Contract Documents by using the name
shall not be replaced without written notice to OWNER and -
ENGINEER except under extraordinary circumstances. The of a proprietary item or the name of a particular Supffller
superintendent will be CONTRACTOR's representative at the naming of the item is intended to establish the type.
the site and shall have authority to act on behalf of CON- fudction and quality required. Unless the name is followed
TRACTOR. All communications given to the superintendent by words indicating that no substitution is permitted.
shall be as binding as if given to CONTRACTOR. materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
labor, MateH~Lv and Equipment: the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
6..3. CONTRACTOR shall provide competent, suitably will include the following as supplemented in the General
qualified personnel to survey and lay out the Work and per- Requirements. Requests for review of substitute items of
form construction as required by the Contract Documents. material and equipment will not be accepted by ENGI-
CONTRACTOR shall at all times maintain good discipline NEER from anyone other than CONTRACTOR. if CON-
and order at the site. Except in connection with the safety or TRACTOR wishes to furnish or use a substitute item of
protection of persons or the Work or property at the site or material or equipment, CONTRACTOR shall make writ-
adjacent thereto, and except as otherwise indicated in the ten application to ENGINEER for acceptance thereof.
Contract Documents, all Work at thc site shall be performed certifying that the proposed substitute wilt perform adc-
during regular working hours, and CONTRACTOR will not quately the functions and achieve the results called for by
permit oven/me work or the performance of Work on Sat- the general desi~, be similar and of equal substance to
urday, Sunday or any legal holiday without OWNER's writ- that specified and be suited to the same use as that spec-
ten consent given after prior written notice to ENGINEER. ified. The application wit[ state that the- evaluation and
· - acceptance of the proposed substitute will nor prejudice
6.4. Unless otherwise specified in ~he General Require- CONTRACTOR's achievement of Substantial Comple-
ments, CONTRACTOR shall furnish and assume full respon- lion on time, whether or not acceptance of the- substitute
sibility for all materials, equipment, labor, transportation, for use in the Work will require a change in any of the
construction equipment and machinery, tools, appliances, Contract Documents (or in the provisions of any other
fuel, power, light, heat~ telephone, water, sanitary facilities, direct contract-with OWNER for work on the Project} to
temporary facilities and all' other facilities and incidentals adapt the design to the proposed substitute and whether
necessary' for the furnishing, performance, testing, start-up . or not incorporation or use of the substitut~ in connection
and completion of the Work. with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that OWNER and ENGINEER and if CONTIL-~CTOR has
specified will be identified in the application and available submitted a list thereof in accordance with the Supple-
maintenance, repair and replacement service will be indi- melttary Conditions. OWNER's or ENGINEER's accept-
cared. The application will also contain an itemized esti- an~e (either in writing or by failing to make written objec-
mate of all costs that will result directly or indirectly from tion thereto by the date indicated for acceptance or obje¢-
acceptance of such substitute, including costs of red. esign tion in the bidding documents or the Contract Documents)
and claims of other contractors affected by the resulting of any such Subcontractor, Supplier or'other person or
change, all of which shall be considered by ENGINEER organization so identified may be revoked on the basl.s, of
in evaluating the proposed substitute. ENGINEER may reasonable objection after due investigation, in which case
. require CONTRACTOR to furnish at CONTRACTOR's CONTRACTOR shall submit an acceptable substitute, the
expense additional data about the proposed substitute. Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
6.7.2. If a specific means, method, technique, sequence Change Order will be issued or Written Amendment signed.
or procedure of construction is indicated in or required by No acceptance by OWNER or ENGINEER of any such
the Contract Documents, CONTRACTOR may furnish or Subcontractor, Supplier or otheg person or organization
utilize a substitute means, method, sequence, technique shall constitute a waiver of any right of OWNER or ENOl-
or procedure of construction acceptable to ENGINEER, NEER to reject defective Work.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is 6.9. CONTRACTOR shall be fully resPOnsible to OWNER
' equivalent to that indicated or required by the Contract and ENGINEER for all acts and omissions of the Subcon-
Documents. The procedure for review by ENGINEER tractors, Suppliers and other persons ;Cid.organizations per-
'will be similar to that orovided in paragraph 6.7.1 asapplied forming or furnishing any of the Work under a direct or
by ENGINEER and as .may be .supplemented in the Gen- indirect contract w~h CONTRACTOR just as CONTRAC-
eral Requirements. TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing' in the Contract Documents shall create any
6.7.3. ENGINEER will be allowed a reasonable time contractual relationship between OWNER or ENGINEER
within which to evaluate each proposed substitute. ENGI- and any such Subcontractor, Supplier or other person or
i NEER will be the sole judge of acceptability, and no o~anization, nor shall it create any obligation on the part o£
, substitute will be ordered, installed or utilized without OWNER or ENGINEER to pay or to see to the payment of
ENGINEER's prior written acceptance which will be evi- any mon. eys due any such Subcontractor. Supplier or other
L~. denced by either a Change Order or an approved Shop person or organization except as may-~therwise be required
~ Drawing. OWNER may require CONTRACTOR to fur- by Laws and Regulations.
{ nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute. 6.10. The divisions and sections of the Specifications and
~'l ENGINEER will record time required by ENGINEER the identifications of any Drawings shall not control CON-
and ENGINEER's consultants in evaluating substitutions TRACTOR in dividing the Work among Subcontractors or
proposed by CONTRACTOR and in making changes in Suppliers or delineating the Work to be performed by any
the Contract Documents occasioned thereby. Whether or specific trade.
not ENGINEER accepts a proposed substitute, CON-
::.; TRACTOR shall reimburse OWNER for the charges of 6.11. All Work performed for CONTtC-~CTOR by a Sub-
ENGINEER and ENGINEER's consultants for evaluat- contractor will be pursuant, to an appropriate agreement
lng each proposed substitute, between CONTIC,~CTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms anti
conditions of the Contract Documents for the benefit of
Concerning Subcontractors, Suppliers and Others: OWNER and ENGINEER and contains waiver provisions
6.8.1. CONTRACTOR shall not employ any Subcon- as required by paragraph 5.11. CONTRACTOR shall pay
tractor, Supplierorotherpersonororganization(including each Subcontractor a just share of any insurance moneys
those acceptable to OWNER and ENGINEER as indi- received by CONTRACTOR on account of losses under poi-
cared in paragraph 6.8.2), whether initially or as a substi- icies issued pursuant to paragraphs 5.6 and 5.7.
tutu, against whom OWNER or ENGINEER may have
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor, Supplier or other person or Patent Fees and Royaltle~:
organization to furnish or perform any ofthe Work against 6.12. CONTRACTOR shall pay all license fees and roy-
whom CONTRACTOR has reasonable objection, aries and assume all costs incident to the use in the perfor-
6.8.2. If the Supplementary Conditions require the mance of the Work or the incorporation in the Work of any
identity or' cast-in Subcomr~ctors, Suppliersor other per- invention, design, process. -product or device which is the
. so~s .or..organlzati.Ons. (including those who are to furnish subject of patent rights or copyrights held by others. If a
the principal items of materials and equipment) to be sub- particular inventiofi, design, process, p'roduct or device is
mitred to OWNF_.R in advance of the specified date prior specified in the Contract Documents for use in the perfor-
. :'" to t.h? Effe~tiye. Dat~.of the. Agreement for acceptance by mance of the Work a~d if to the actual knowledge of OWNER
or ENGINEER its use is subject to patent fights or copyrights plac~ of the Project which are applicable during the peffor-
calling for the payment of any license fee or royalty to others, mance of the Work.
the existence of such Hghts shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and ENGINEER and anyone Use of Prernises:
directly or indirectly employed by either of them from and 6.16. CONTRACTOR shall confine construction equip-
against all claims, damages, losses and expenses (including merit, the storage of materials and equipment and the oper-
attorneys' fees and court and arbitration costs) arising out of ations of workers to the Project site and land and areas iden-
any infringement of patent fights or copyrights incident to tiffed in and permitted by the Contract Documents and other
the use in the perfon3~ once of the Work or resulting from the land and areas permitted by Laws and Regulations, rights-
incorporation in the Work of any invention, design, process, of-way, permits and easements, and shall not unreasonably
product or device not specified in the Contract Documents, encumber the premises with construction equipment or other
and shall defend all such claims in connection with any alleged materials or equipment. CONTRACTOR shall assume full
infringement of such rights, responsibility for any damage to. any such land or area. or to
_-- the owner or occupant thereof o/' .of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Permits: Should any claim be made against OWNER or ENGINEER
6.1'L Unless otherwise provided in the Supplementary by any such owner or occupant because of the performance
Conditions, CONTRACTOR shall obtain and pay for all con- of the Work, CONTRACTOR shall promptly attempt to settle
stmction permits and licenses. OWNER shall assist CON- with such other party by agreement or otherwise resolve the
TRACTOR, when necessary, in obtaining such permits and claim by arbitration or at law. COIq'fRACTOR shall, to the
licenses. CONTRACTOR shall pay all governmental charges . fullest extent permitted by Laws and Regulations, indemnify
and inspection fees necessary for the prosecution of the Work, and hold OWNER and ENGINEER-harness fi'om and a_~nst
which are applicable at the time ofopening of Bids, or if there all claims, d~images, losses and expenses (including, but not
are no Bids on the Effective Date of the Agreement. CON- limited to, fees of engineers, architects, attorneys and other
TRACTOR shall pay all charges of utility owners for con- professionals and court and arbitration costs) arising directly.
nections to the Work, and OWNER shall pay all charges of indirectly or consequentially out'of any action, legal or equi-
such utility owners for capital costs related thereto such as table, brought by any such other"party against OWNER or
plant investment fees. ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
Laws and Regulation.~: 6.'17. During the progress of the Work. CON~FRACTOR
6.14.1. CONTRACTOR shall give all notices and shall keep the t~rgmises free from accumulations of waste
comply with ali Laws and Regulations applicable to fur- materials, rubbish and other debris resulting from the Work.
nishing and performance of the Work. Except where oth- At the completion of the Work CONTRACTOR shall remove
erwise expressly required by applicable Laws and Regu- all waste materials, rubbish and debris from and about the
lotions, neither OWNER nor ENGINEER shall be respon- premises as well as all tools, appliances, construction equip-
sible for monitoring CONTRACTOR's compliance with ment and machinery, and surplus materials, and shall leave
any Laws or Regulations. the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all properly not
6.14.2. If CONTRACTOR observes that the Specifi- designated for alteration by the Contract Documents.
cations or Drawings are at variance with any Laws or
Regulations, CONTRACTOR shall give ENGINEER 6.18. CONTRACTOR shall not load nor permit any pan
prompt written notice thereof, and any necessary changes of any structure to be loaded in any manner that will endanger
will be authorized by one of the methods indicated in the structure, nor shall CONTRACTOR subject any pan of
paragraph 3.4. If CONTRACTOR performs any Work the Work or adjacent property to stresses or pressures that
knowing or having reason to know that it is contrary to will endanger it.
such Laws or Regulations, and without such notice to
ENGINEER, CONTRACTOR shall bear all costs arising
therefrom; however, it shall not be CONTRACTOR's pti- Record Documents:
mary responsibility to make certain that the Specifications 6.19. CONTRACTOR shall maintain in a safe place at
and Drawings are in accordance with such Laws and the site one record copy of all Drawings. Specifications.
Regulations. Addenda, Wfitten Amendments, Change Orders. Work
Directive Changes. Field Orders and wfitxen interpretations
and:clarifications (issued pursuant' to. p~ph 9.4) in geod
Taxe~: order and annotated to show all changes made during con-
- 6.15. CONTRACTOR shall pay all sales, consumer, use struction. Theserecorddocumentstogetherwithallapproved
and other similar taxes' required to be paid by CONTRAC- samples and a counterpart of all -approved Shop Drawings
TOR in accordance' with the Law~ 'and Regulations of the will be available to ENGINEER for reference. Upon corn-
! pletion of the Work, these record documents, samplc~ and E,ne,gen. cies:
~ Shop Drawings will be delivered to ENGINEER for OWNER. 6.22. In emergencies affecting the safety or protection of
· persons or the Work or property at the site or adjacent thereto.
-- CONTRACTOR, without special instruction or authorization -
from ENGINEER or OWNER, is obligated to act to prevent
Safety and Protection: threatened damage, injury or loss. CONTRACTOR shall give
6.20. COHTRACTOR ~shall be responsible for initiating, ENGINEER prompt written notice if CONTRACTOR believes
-- maintaining and supervising all safety precautions and pro- that any significant changes in the Work or variations from
grams in connection with the Work. CONTRACTOR shall the Contract Documents have been caused thereby. If ENGI-
take all necessary precautiohs for the safety of, and shall NEER determines that a change in the Contract Documents
_ pr6vide the necessary protection to prevent damage, injury is required because of the action taken in response to an
or loss to: emergency, a Work Directive Change or Change Order v-ill
-' - be issued to document the consequences of the changes or
6.20.1. all employees on the Work and other persons variations.
-- and organizations who may be affected thereby; .....
6.20.2. all the Work and materials and equipment to Shop Drawings and Samples:
_ be incorporated therein, whether in storage on or off the 6.23. After checking and verifying all field measurements
site; and and after complying with applicable procedures specified in
the General Requirements, CONTRACTOR shall submit to
' 6.20.3. other property at the site or adjacent thereto, ENGINEER for review and approval in accordance with the
-- '-~ including trees, shrubs, lawns, walks, pavements, road- accepted schedule of Shop Drawing"s~t]ymi~sions (see para-
-i ways, structures, utilities and Under~ound Facilities not graph 2.9), or for other appropriate action if so indicated in
designated for removal, relocation or replacement in the the Supplement.sty. Conditions, five copies (unless otherwise
_ -- course of construction, specified in the G.eneral Requirements) ofall Shop Drawings.
: which will bear a stamp or specific written indication that
CONTRACTOR shall comply with all applicable Laws and COHTRACTOR has satisfied CONTRACTOR's responsi-
Regulations of any public body having jurisdiction for the bilities under the Contract DocumEnts with respect to the
-- ~-i safety ofpersons or property or to protect them from damage, review of the submission. ~ submissions will be identified
injury or loss; and shall erect and maintain all necessary as ENGINEER may require. The data shown on the Shop
: safeguards for such safety and protection. CONTICt~CTOR Drawings will be complete with respe~ct to quantities, dimen-
:~_. ~3~ shall notify owners of adjacent property and of Underground siGns, specified perfocmance and design criteria, materials
Facilities and utility owners when prosecution of the Work and similar data to enable ENGINEER to review the tarot-
may affect them, and shall cooperate with them in the pro- matlon as required:
tection, removal, relocation and replacement of their prop-
- ~'] erty. Ail damage, injury or loss to any property referred to 6.24. CONTRACTOR shall also submit to ENGINEER
. I in paragraph 6.20.2 or 6.20.3 ca,,~ed, directly or indirectly, for review and a~,lnoval with such promptness as to cause
in whole or in part, by CONTRACTOR, any Subcontractor, no delay in Work, all samples required by the Contract Doc-
Supplier or any other person or organization directly or indi- uments. All samples will have been checked by and accom-
:.-'..L.'-' rectly employed by any of them to perform or furnish any of panied by a specific written indication that CONTRACTOR
-:; theWorkoranyoneforwhoseactsanyofthemmaybeliable, has satisfied COIq"I'RACTOR's responsibilities under the
shailbe remedied by CONTRACTOR(except damage orloss Contract Documents with respect to the review of the sub-
~ attributable to the fault of Drawings or Specifications or to mission and will be identified clearly as to material. Supplier.
the acts or omissions of OWNER or ENGINEER or anyone pertinent data such as catalog numbers and the use for which
employed by either of them or anyone for whose acts either intended.
of them may be liable, and not attributable, directly or indi-
~ rectly, in whole or in part, to the fault or negligence of CON- 6.25.1. Before submission of each Shop Drawing or
TRACTOR:). CONTRACTOR's duties and responsibilities sample CONTRACTOR shall have determined and yeti-
for the safety and protection of the Work shall continue until fled all quantities, dimensions, specified performance cci-
_. such time as all thc Work ia completed and ENGINEER has · turin, installation requirements, materials, catalog hum-
issued a notice to OW'N/aK and CON IKACTOR in accord- burs and similar data with respect thereto and reviewed
. ance with paragraph 14.13 that the Work is acceptable (except or coordinated each Shop Drawing or sample with other
as otherwise expressly provided in connection with Substan- Shop Drawings and samples and with the requirements of
-- tial Completion). the Work and the Contract Documents.
6.2l. CONTRACTOR shall designate a responsible rep- 6.2;5.2. At the time of each submission, CON'IT, AC-
.. resentative at.the site whose duty shall be the prevention of TOR shallgive ENGINEER specificwritten notice o~each
-) accidents. This shall be CONTRACTOR's superin- variation that the Shop Drawings or samples may have
person
tendent unless -~therwise designated in writing by CON- from the requirements of the Contract Documents, and.
i-. TRACTOR'to OWNER .... . . -..:... - ..... in addition, shall cause a specific notation to be made on -
each Shop Drawing submitted to ENGINEER for review provided that any such claim, damage, loss or expense la) is _
and approval of each such variation, attributable to bodily injury., sickness, disease or death, or to
injury to or destruction of tangible property ¢other than the
6.26. ENGINEER will review and approve with reason- Work itself) including the loss of use resulting therefrom and
able promptness Shop Drawings and samples, but ENGI- (b) is caused in whole or in pan by any negligent act or
NEER's review and approval wilt be only for conformance omission of CONTRACTOR. any Subcontractor. an)' person
with the design concept of the Project and for compliance ororganizationdirecflyorindirectlyemployedb.vanyofthem
with the information given in the Contract Documents and to perform or furnish any of the Work or anyone for whose
shall not extend to means, methods, techniques, sequences acts any of them may be liable, regardless of whether or not
or procedures of construction (except where a specific means, it is caused in part by a party indemnified hereunder or arises
method, technique, sequence or procedure of construction is by or is imposed by Laxv and Regulations regardless of the
indicated in or required by the Contract Documents) or to negligence of any such party.
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate 6.3 I. In any and all claims .against OWNER or E.NGI-
approval of the assembly in which the item functions. CON- NEER or any of their consultan~ts, agents or emplo.vees by
TRACTOR shall make corrections required by ENGINEER, any employee of CONTRACTOR. any Subcontractor. any
and shall return the required number of corrected cop[es of person or organization directly or indirectly employed b.v any
Shop Drawings and submit as required new samples for review of them to perform or furnish any of the Work or anyone for
and approval. CONTRACTOR shall direct specific attention whose acts any of them may be liable, the indemnification
in writing to revisions other than the corrections called for obligation under paragraph 6.30 shall not be limited in any
by ENGINE]E~R on previous submittals, way by any limitation on the amount or type of damages.
compensation or benefits payable by or for CONTRACTOR
6.27. ENGINEI~R's review and approval of Shop Draw- or any such Subcontractor or-other-person or organization
ings or samples shall not relieve CONTRACTOR from under work~rs' or workmen's compensation acts, disability
responsibility for any variation from the requirements of the benefit acts or other employee benefit acts.
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the 6.32. The obligations of CONTRACTOR under para-
time of submission as required by paragraph 6.25.2 and graph 6.30 shall not extend to the liability of ENGINEER.
ENGINEER has given written approval of each such varia- ENGINEER's consultants, agents or employees arising out
tion by a specific written notation thereof incorporated in or of the preparation or approval of maps. drawings, opinions.
accompanying the Shop Drawing or sample approval; nor reports, surveys, Change Orders, designs or specifications.
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw .....
ings or from responsibility for having complied with the pro- ARTICLE 7--oTHER WORK
visions of paragraph 6.25.1.
6.28. Where a Shop Drawing or sample is required by the Related Work at Site:
Specifications, any related Work performed prior to ENGI- 7.1. OWNER may perform other work related to theProj-
NEER's review and approval of the pertinent submission will oct at the site by OWNER's own forces, have other work
be the sole expense and responsibility of CONTRACTOR. performed byutilityownersorlet otherdirectcontmcts therefor
which shall contain General Conditions similar to these. If
Continuing the Work: the fact that such other work is to be performed was not noted
in the Contract Documents, written notice thereof will be
6.29. CON'TRACTOR shall carry on the Work and adhere given to CONTRACTOR prior to starting any such other
to the progress schedule during all disputes or disagreements work; and, if CONTRACTOR believes that such perfor-
with OWN'ER. No Work shall be delayed or postponed pond- mance will involve additional expense tO CONTRACTOR or
lng resolution of any disputes or disagreements, except as re~.uires additional time and the parties are unable to agree
permitted by paragraph 15.5 or as CONTRACTOR and as to the extent thereof, CONTRACTOR may make a claim
OWNER may otherwise agree in writing, therefor as'provided in Articles I I and 12.
7.2. CONTRACTOR shall afford each utility owner and
Indemnification: other contractor who is a party to such a direct contract Ior
6.30. To the fullest extent permitted by Laws and Regu- OWNER, if OWNER is performing the additional work with
latioas CONTRACTOR shall indemnify and hold harmless OWNER's employees) proper and safe access to the site and
OWNER and ENGINEER and their consultants, agents and a reasonable opportunity for the introduction and storage o.f
employees from and against all claims, damages, losses and materials and e~luipment and the execution of such work. and
expenses, direct, indirect or consequential (including but not shall properly connect and coordinate the Work with theirs.
limited t6 fees and charges of engineers, architects, attorneys 'CONTRACTOR shall do all cutting, fitting and patching of
. and other professionals and court and arbiu'atlon costs) aris- the Work that may be required to make its seveza[paxzs come
lng out of or resulting from the performance of the Work, together property and integrate with such other work. CON-
18 "':
TIC-kCTOR shall not endanger any work of others by cutting, turns which have been utilized by ENGINEER in preparing
excavating or otherwise altering their work and will only cut the Drawings and Specifications.
-- or alter their work with the written consent of ENGINEER
and the others whose work will be affected. The duties and 8.5. OWNER's responsibilities in respect of purchasing
responsibilities of CONTRACTOR under this. paragraph are and maintaining liability and property insurance are set forth
for the benefit of such utility owners and other contractors in paragraphs $.5 through .5.8.
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between 8.6. OWNER is obligated to execute Change Orders as
OWNER and such utility owners and other contractors, indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other inspections, tests and approvals is set forth in paragraph 13.4.
~ contractor or utRity owner (or OWNER), CONTRACTOR
shall inspect and promptly reportdo ENGINEER in writing 8.8. In connection with OWNER:s right to stop Work or
any delayi, defects or deficiencies in such work that render suspend Work, see pm'agraphs 13.10 and iii. ParaL'raph 15.2
it unavailable or unsuitable for such proper execution and deals with. OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
-- results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra- --
.tion with CONTRACTOR's Work except for latent or non-
_ .apparent defects and deficiencies in the other work. ARTICLE 9~ENGINEER'S STATU~D.U_~.NG
CONSTRUCt iON
Coontbum'on: - . : ..... ..
'~ ' 7.4. If OWNER contracts with others for the peri'or- Owner's Repres~'tati~e:
i mance of other work on the Project at the site, the person or 9. !. ENGINEER will be OWNER's representative dur-
organization who will have authority and respons~ility for ing the construction period. The duties and respons~ifitles
_. , coordination of the activities among the various prime con- and the limitations of authority of I~NG'INEER as OWNER's
! tractors will be identified in the Supplementary Conditions, representative during construction:are set forth in the Con-
i and the specific matters to be covered by such authority and tract Documents and shall not be ~tended without written
responsibility will be itemized, and the. ext.ent of such author- consent of OWNER and ENGINEER;.
.... ill be p
r~ ity and responsibil~ties w rovided, in the Supplementary .... t'
~ Conditions. Unless otherwise provided in the Supplementary
' ' ¥i~its to Site:
'" Conditions. neither OW'NER nut ENGINEER shall have any
authority or responsibility in respect of such coordination. 9.2. ENGINEER will make visits to the site at intervals
-- ' '1 appropriate to the various stages of construction to observe
· the progress and quality of the executed Work and to deter-
mine, in general, ii' the Work is proceeding in accordance
ARTICLE 8~OWNER'S RESPONSIBILITIES with the Contract Documents. ENGINEER will not be required
. · to make exhaustive or continuous on-site inspections to check
8.1. OWNER shall issue all communications to CON- the quality or quantity of the Work. ENGINEER's efforts
TRACTOR through ENGINEER. will be directed toward providing for OWNER a greater de~ee
-- of confidence that thc completed Work will conform to the
8.2. In case of termination of the employment of ENGI- Contract Documents. On the basis of such visits and on-site
NEER, OWNER shall appoint an engineer against whom observations as an experienced and qualified design profes-
-- CONTRACTOR makes no reasonable objection, whose sea- siGnal, ENGINEER will keep OWNER informed of the prog-
tus under the Contract Documents shall be that of the former ress of the Work and will endeavor to g,,~rd OWNER against
ENGINEER. Any dispute in connection with such appoint- defects and deficiencies in the Work.
meat shall be subject to arbitration.
8.3. OWNER shall furnish the data required.of OWNER Proj, ct Representation: . .
. under the Contract Documents promptly and shall make pay- 9.3. If OWNER and ENGINEER a~ee, ENGINEER
meats to CONTRACTOR promptly after they are due as will furnish a Resident Project Representative to assist
-- provided in paragra_ phs 14.4 and 14.13. ENGINEER in observing the performance 9fthe Work. The
.... duties, respons~ifitlas and limitations of authority of any
8.4. OWHER's duties in respect of providing lands and such Re}talent Project Representative and assistants will be
~ casements and providing ~ngineering surveys -to- establish as provided.in.the SupplementalT Conditions. If OWNER
~eferenc~. points are set forth in paragraphs 4.1 and 4.4. Para-" designates another agent to represent 0VtrNER at the site
graph 4.2 refers to oIRrNER's identifying and making ~yai.'l-'".~. who .is noel EI'~GINEER's agent or'employee, thc duties.
able to COHTR~CTOR copie~ ofreports bfe~ploratlons and" responsibilities ..and limitations of a'uthorky'~of such other '
--. tests of subsurface conditions at the site and in existinl} struc::"' pers6~will b~ ~s provided in thc Supplementary Conditions.
- -.'" · '.:--'.?:." ?'-' "" i' '"!' -' : '":'- ':
Cladficationsandlnterpretations: to ENGINEER written notice of intention to appeal from
such a decision.
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings Deci~ion$ on Di:putes:
or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the 9.11. ENGINEER will be the initia~ interpreter of the
overall intent of the Contract Documents. If CONTRACTOR requirements of the Contract Documents and judge of the
believes that a written clarification or interpretation justifies acceptability of the Work thereunder. Claims, disputes and
an increase in the Contract Price or an extension of the other matters relating to the acceptability of the Work or the
Contract Time and the parties are unable to agree to the interpretation oftherequirements of the Contract Documehts
pertaining to the performance and furnishing of the Work and
amount or extent thereof, CONTRACTOR may make a claim
therefor as provided in Article 1 ! or Article 12. claims under Articles 1 ! and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with ~ reqUest'for a formal decision
Authorized Variations in Work: in accordance with this paragraph, which .ENGINEER will
9.5. ENGINEER may authorize minor variations in the render in writing within a reasonable time. Written notice of
Work from the requirements of the Contract Documents which each such claim, dispute and other matter will be delivered
do not involve an adjustment in the Contract Price or the by the claimant to ENGINEER and the other party to the
Contract Time and are consistent with the overall intent of Agreement promptly (but in no event later than thirty days)
the Contract Documents. These may be accomplished by a after the occurrence of the event giving rise thereto, and
Field Order and will be binding on OWNER, and also on written supporting data will be-submitted to ENGINEER and
CONTRACTOR who shall perform the Work involved theotherpartywithinsixtydaysaftersuchoccurranceunless
promptly. If CONTRACTOR believes that a Field Order ENGINEER allows an additionai.p_e._._rio...d.of time to ascertain
justifies an increase in the Contract Price or an extension of more accurate..data in support of the claim.
the Contract Time and the parties ate unable to agree as to
the amount or extent thereof, CONTRACTOR may make a 9.12. When functioning as interpreter and judge under
claim therefor as provided in Article 11 or 12. paragraphs 9.10 and 9.11, ENGIIqEER will not show par-
tiality to OWNER or CONTRAC'[OR and will not be liable
in connection with any interpretati6n or decision rendered in
Rejecting Defective Work: good faith in such capacity. The refidering of a decision by
9.6. ENGINEER will have authority to disapprove or ENGiNEER pursuant to paragraph~ 9.10 and g.l l with respect
reject Work which ENGINEER believes to be defectire, and to any such claim, dispute or other matter (except any which
will also have authority to require specialinspection or testing have been waived by the making o[ acceptance of final pay-
of the Work as provided in paragraph 13.9, whether or not merit as provided' in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
the Work is fabricated, installed or completed, o,%uch rights or remedies aa either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
Shop Drawings, Change Orders and Payments: of any such claim, dispute or other matter.
9.7 In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through
6.28 inclusive. Limitations on ENGINEF, R's Responsibilides:
9.13. Neither ENGINEER's authority to act under this
9.8. In connection with ENGINEER's respo'nsibilities as Article 9 or elsewhere in the Contract Documents nor any
to Change Orders, see Articles 10, 11 and 12. deeisionmade byENGINEERingood faith either to exercise
or not exercise such authority shall give rise to any duty or
9.9. In connection with ENGINEER's responsibilities in responsibility of ENGINEER to CONTRACTOR, any Sub-
respect of Applications for Paymettt, etc., see Article 14. contractor, any Supplier, or any other person or organization
performing any of the Work. or to any surety for any of them.
De~rminationsfor (Inlt Prices: 9.14. Whenever in the Contract Documents the terms "as
9.10. ENGINEER will determine the actual quantities ordered", "as directed", "as required", "as allowed". "as
.and classifications of Unit Price Work performed by CON- approved" or terms of llke effect or import are used, or the
TRACTOR. ENGINEER will review with CONTRACTOR adjectives "reasonable", "suitable", "acceptable", "proper"
ENGINEER's preliminary determinations on such matters or "satisfactory" or adjectives of like effect or import are
before rendering a written decision thereon (by recommen- used to describe a requirement, direction, review or judgment
dation of an Application for Payment or otherwise). ENGb of ENGINEER as to the -Work, -it is intended that such
NEER's-written decisions thereon will be 'final and'binding requirement,.direction, review or judgment will be solely to
upon OWNER and CONTRACTOR, unless, within ten days evaluate the Work for compliance with the Contract Docu-
after the date of any such decision, either OWNER or CON-" merits {unless there is a specifi.c statement indicating other-
TRACTOR delivers to th¢-o~her party to-the Agreement and" ' wise). The use of any such term or adjective shall not be
- .' - ".:.- --';-':'-5' !'"': '"'" ";' '"''':" ';"
· . .:'.- . .:.., '-.: '20"-..._ ' ' '" ' "
-- ) effective to assign to ENGINEER any duty or authority to 10.,~.3. changes in the Contract Price or Contract Time
supervise or direct the furnishing or performance of the Work which embody the substance of any written decision ren-
.. or any duty or authority to undertake responsibility contrary dered by ENGINEER pursuant to paragraph 9.1 !;
~; to the provisions of paragraph 9.15 or9.16, provided that, in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
9.15. ENGINEER will not be responsible for CON- with the provisions ofthe Contract Document~ and applicabie
_ - TRACTOR's means, methods, techniques, sequences or pro- Laws and Regulations, but during any such appeal, CON-
: cedures of construction, or the safety precautions and pro- TRACTOR shall carry 9n the Work and adhere to the prog-
grams incident thereto, and ENGINEER will not be respon- tess schedule as provide~ in paragraph 6.29.
s~le for CONTRACTOR's failure, to perform or furnish the
-- Work in accordance with the Con. tract Documents. 10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
9.16. ENGINEER will not be responsible for the acts or (including, but not limited to, Contract Price or Contract
-- omissions of CONTRACTOR or of any Subcontractor, any Time) is required by the provisions 9f any Bond to-b~'~iven
Supplier, or of any other person or organization performing to a surety, the giving of any such notice'will be CONTRAC-
or furnishing any of the Work. TOR's responsibility, and the amount of each applicable Bond
will be adjusted accordingly.
-- ARTICLE 10~CHANGES IN THE WORK ARTICLE I I--CHANGE OF CONTR~C~PRICE
10.1. WhhoutinvalidatingtheAgreementandwithoutnotice I!.I. The (~6nt~ct Price constitutes the total compen-
~'--! to any surety, OWlqER may, at any time or from time to
- i time, order additions, deletions or revisions in the Work; sutton (subject to authorized adjustments) payable to CON-
' ~ these will be authorized by a Written Amendment, a Change TRACTOR for performing the Work. All duties, respons~il-
ities and obligations as,/igned-to 6r.'undenakea by CON-
Order, or a Work Directive Change. Upon receipt of any such
~ document, CONTRACTOR shall promptly, proceed with the TRACTOR shall be at his expen'se without change in the
Work involved which will be performed under the applicable Contract Price. - i..-- ' '
! conditions of the Contract Documents (except as otherwise -
_ ~/ si)ecifically provided). 11.2. "The Couwact Price may only ~ changed by a Change
. . Order or by a Written Amendment::Anl} claim for an increase
: or decrease in the Goritract Price-'shall be'bused on written
,_ i 10.2. If OWNER and CONTRACTOR are unable to agree notice delivered by the party making the cla/m to the other
as to the extent, ~f any, of an increase or decrease in the palXy and to ENGINEER promptly (but in no event later than
"], Contract Price or an extension or shortening of the Contract thlny days) after the occurrence of the event giving rise to
.__] Time that should be allowed as a result of a Work Directive the claim and stating the general nature of the claim. Notice
Change, a claim may be made therefor as provided in Article of the amount of the claim with supporting data shall be
~ ! 1 or Ar~lcle 12. delivered within sixty days after such occurrence (unless
.-.'::~ ENGINEER allows an additional period of time to ascertain
10.3. CONTRACTOR shall not be entitled to an increase more accurate data in suppor~ of the claim) and shall be
: in the Contract Price or an extension of the Contract Time accompanied by claimant's written statement thatth¢ amoun[
-- with respect to any Work performed that is not required by claimed covers ail known amounts (direct, indirect and con-
._. the Contract Documents as amended, modified and supple- sequential) to which the claimant is entitled as a result of the
merited as provided in paragraphs 3.4 and 3.§, except in the occurrence of said event. All claims for adjustment in the
~ case of au emergency as provided in paragraph 6.22 and Contract Price shall be determined by ENGINEER in accor-
except in the case of .uncovering Wock as provided in para- dance with paragraph 9.11 if OWNER and CONTIL~.CTOR
graph 13.9. cannot otherwise agree on the amount involved. No claim
for an adjustment in the Contract Price will be valid if not
-- 10.4. OWNER and CONTRACI'OR shall execute appro- submitted in accordance with this paragraph 11.2.
priate Change Order~ (or Written Amendments) covering:
I 1.3. The value of any Work coyered by a Change Order
10.4.1. changes in the Work which are ordered by or of any claim for an increase or decrease in the Contract
OWNER pursuant to paragraph 10. i, are requked because Price shall be determined in one of the following ways:
'-'of acceptance ofdefectlve Work under paragraph 13.13 or
correcting defective Work under l)aragraph 13.14, or are LL.3.1.' Where the Work invol-v, ed-is covered by unit
" agreed to-by the parties;..... ..- prices contained in the Contract Documents, by applica-
i :~-.-' ' tion of unit prices to. the quantities of the items involved
10.4.2. ch-;,ng~i~l{e'contr~ctPriceorContractTime (subject to the pro~;isions of paragraphs 11.9.1. through
which are a~reed to by the parties; and " I1.9.3, inclusive).
I 1.3.2. By mutual acceptance of a lump sum (which to the other provisions of the Contract Documents insofar
may include an allowance for overhead and profit not a~'applicable.
necessarily in accordance with ~aragraph 11.6.2.1).
1 I.'4.4. Costs of special consultants lincluding but not
11.3.3. On the basis of the Cost of the Work (deter- limited to engineers, architects, testing laboratories, sur-
mined as provided in paragraphs 11.4 and I 1.5} plus a veyors, attorneys and accountants) employed for services
CONTRACTOR's Fee for overhead and profi! (deter- specifically related to the Work.
mined as provided in paragraphs !1.6 and I 1.7).
11.4.5..Supplemental costs including the following:
11.4.5.1. The proportion of necessary, transports-
Cost o/the Work: tion, travel and subsistence expenses of CONTRAC-
i 1.4. The term Cost of the Work means the sum of all TOWs employees incurred in discharge of duties con-
costs necessarily incurred and paid by CONTRACTOR in netted with the Work.
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall be 11.4.5.2. Cost. includin~ transportation and main-
in amounts no higher than those prevailing in the locality of tenance, of all mater/als, supplies, equipment, machin-
the Project, shall i~:lude only the following items and shall exT. appliances, office and temporary facilities at the
not include any of the costs itemized in paragraph ! 1.5: site and hand tools not owned by the workers, which
are consumed in the performance of thc Work, and cost
I 1.4.1. Payroll costs for employees in the direct employ less market value of such items used but not consumed
of CONTRACTOR in the performance of the Work under which remain the property of CONTRACTOR.
schedules of job classifications agreed upon by OWI',IER
and CONTRACTOR. Payroll costs for employees not 11.4.5.3. Rentals of all con_s.Lcu, ilion equipment and
employed full time on the Work shall be apportioned on machinexT and the parts thereof whether rented from
the basis of their time spent on the Work. Payroll costs CONT1L~.CTOR or others in accordance with rental
shah include, but not be limited to, salaries and wages agreements approved by OWNER with the advice of
plus the cost of fringe benefits which shall include social ENGINEER, and the costs of transportation, loading.
security contributions, unemployment, excise and payroll unloading, installation, disnlantling and removal
taxes, workers' or workmen's compensation, health and thereof~al[ in accordance with..terms of said rental
retirement benefits, bonuses, sick leave, vacation and hol- agreements. The rental of any su. ch equipment, machin-
iday pay applicable thereto. Such employees shall include cry or parts shall cease when the use thereofis no longer
superintendents and foremen at the site. The expenses of necessary, for the Work.
performing Work after regular working hours, on Satur-
day, Sunday or legal holidays, shall be included in the 11.4.5.4. 'Sales, consumer, · use or similar taxes
above to the extent authorized by OWNER. related to the Work, and for which CONTRACTOR is
tia'bte-, imposed by Laws and Regulations.
! 1.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of trans- I 1.4.5.5. Deposits lost for causes other than negli-
portation and storage thereof, and Suppliers' field services genre of COI'4TRACTOR. any Subcontractor or any-
required in connection therewith. All cash discounts shall one directly or indirectly employed by any of them or
accrue to CONTRACTOR unless OWNER deposits funds for whose acts any of them may be liable, and royahy
with CONTRACTOR with which to make ~ayments, in payments and fees for permits and licenses.
which case the cash discounts shall accrue to OWHER.
All trade discounts, rebates and refunds and all returns 11.4.5.6. Losses and damages (and related
from sale of surplus materials and equipment shall accrue expenses), not compensated by insurance or otherwise.
to OWNER, and CONTRACTOR shall make provisions to the Work orotherwise sustained by COIqTRACTOR
so that they may be obtained, in connection with the performance and furnishing of
the Work (except losses and damages within the
11.4.3. Payments made by CONTRACTOR to the deductible amounts of property insurance established
Subcontractors for Work performed by Subcontractors. by OWNER in accordance with paragraph 5.9). pro-
If required by OWNER, CONTRACTOR shall obtain vided they have resulted from causes other than the
competitive bids from Subcontractors acceptable to CON- negligence of CONTRACTOR, any Subcontractor. or
TRACTOR and shall deliver such bids to OWNER who anyone directly or indirectly employed by any of them
will then determine, with the advice of ENGINEER, which or for whose acts any of' them may be liable. Such
bids will be accepted. If a subcontract provides that the losses shall include settlements made with the written
Subcontractor is to be paid on the basis of Cost of the con~ent and approval of OWNER. Ho such losses.
Work .Plus. a Fee, the Subcontractor's Cost of the Work damages and expenses shall be included in the Cost of
shall be determined in the same manner as CONTRAC- . the Work for the purpose of determining CONTRAC-
TOWs Cost of the Work. All subcontracts shall be subject TOWs Fee. If, however, any'such loss or damage
· :' '- ' .' ':" ..... _..i.i .....i... '" :'"'-" ':'
requires reconstruction and CONTRACTOR is placed CONTRACTOR's Fee:
in charge thereof', CONTRACTOR shall be paid for 11.6. The CONTRACTOR's Fee allowed toCONTRAC-
· services a fee proportionate to that stated in paragraph TOR for overhead and profit shall be determined as follows:
_ II.6.2. '
11.6.1. a mutually acceptable fix. ed fee: or if none can
11.4.$.7. Thc cost of utilities, fuel and sanitary
facilities at the site. be agreed upon,
I 1.6.2. a fee based on the following percentages of the
11.4.5.8. Minor expenses such as telegrams, tong
·. distance telephone calls, telephone service at the site. various portions of the Cost Of the Work:
expressage and similar petty cash items in connection
-- with the Work. 11.6.2.1. for costs incurred under paragraphs ! 1.4.1
and I 1.4.2, the CONTRACTOR's Fee shall be fit'teen
1 !.4.5.9.' Cost of premiums for additional 'Bonds percent;
_ and insurance required_ b__e.cause of changes in the Work
and premiums for property insurance coverage within ! 1.6.2.2. forcosts incurred, uzider para_m'a~.h ! 1~'4.~:
the limits of the deductible amounts established by the CONTRACTOR's Fee shall be five percent: and if
OW~qER in accordance with paragraph 5.9. a subcontract is on the basis of Cost of the Work Plus
~ a Fee, the maximum allowable to CONTRA ~ FOR on
i 1.5. The term Cost of.the Work shall not include any of account of overhead and profit of all Subcontractors
thc following: shall be fifteen percent;
-- --. 11.5.1. Payroll costs and other compensatio~{ofCOlq- 11.6.2.3. no fee shall be payable on thc basis of
~ TRACTOR's officers, executives, principals (of partner- costs itemized under paragraphs 1 !.4.4, I 1.4..~ and 1 ! ~:
ship and sole proprietorships), general managers, engi- .,.
ricers, architects, estimators, attorneys, auditors, accoun- 11.6.2.4. the amount of credit to be allowed by
· ! rants, purchasing and contracting agents, expeditors, CONTRACTORtoOWN~Rforanysuchchangewhich
;-1 timekeepers, clerks and other personnel employed by results in a net decrease in cost..will be the amount of
CONTRACTOR whether at the site or in CONTRAC- the actual net decrease plus a d~iiiction in CoIWrRAC-
--\~_~il TOR's principal or a branch office for general administra- TOR's Fee by an amount equal .to ten percent of the
tion of the Work and not specifically included in the agreed net decrease: and .'-
! upon schedule of job classifications referred to in para- '.'.c
graph 11.4.1 or specifically covered by paragraph I 1.4.4 11.6.2.3. when both additions and credits are
-- ~'~ all of which are to be considered administrative costs involved in any one change;: the adjustment in CON-
7'~ covered by the CONTRACTOR's Fee. TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 1 !.6.2.1
_ r.$ 11.5.2. Expenses of COI','TRACTOR.'s principal and
~: branch offices other than CONTRACTOR's office at the throdgh I 1.6.2.4, inclusive.
---; site.
11.7. Whenever the cost of any Work is to be determined
~ 11.5.3. Any part ofCONTRAcTOR's capital expenses, pursuant to para_m-aph 11.4 or 11.5, CONTRACTOR will
: including interest on CONTRACTOR'S capital employed submit in form acceptable to ENGINEER an itemized cost
"':' for the Work and charges against CONTRACTOR for breakdown together with supporting data.
delinquent payments.
Cash A 11o wance.v:
11.5.4. Coat of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by 11.8. It is understood that CONTRACTOR has included
the Contract Documents to purchase and maintain the in the Contract Price all allowances so named in the Contract
same (except for the coat of premiums covered by sub- Documents and shall ~*~ll~e the Work aocovered to be done
paragraph I 1.4.5.9 above), by such Subcontractors or Suppliers and for such sums within
the limit of the allowances as may be acceptable to ENGI-
_ I 1.5.5. Costs due to the negligence of CONTRAC- NEER. CONTRACTOR agrees that: .
TOR, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them H.8.1. The allowance~ include the cost to CON-
may be liable, including but not limited to, the correction TIC~.CTOR 0ess any applicable trade discounts) of mate-
-- of defective Work, disposal of materials or equipment rials and equipment required by the allowances to be deliv-
wrongly supplied and making good any damage 'to prop- ered at the site, and all applicable taxes; and
erty.
· ' .... I118.2. '-CONTRACTOR;s cost~ for unloading and
-- ~ 11.$.6. 'Other Overhead or general expense costs of handling ~n the site, I~bor, installa.tion costs, overhead,
t any kind and the costs of any ite~l not specifically and ' Cprofit and 6therexpenses contemplated for thc allowances
. expressly included in iaaragr~ph 11.4. - ' ' ' . ........... "'.L have been included in the Contra,L't' Price and not in the
--. -.,- '_y.: ! ..... ': ::...!.'.' ......... ; i..' ..... ~.. :--_-...-'.:,..: ..-~-~.. -:'~:'-':-.--":..' ' :' ':: , -.: ........ ' --
allowances. No demand for additional payment on account shall'be determined by ENGINEER in accordance with para-
of any thereof will be valid, graph 9. I 1 if OWNER and CONTRACTOR cannot oth¢,'~'ise
agree. No claim for an adjustment in the Contract Time will
Prior to final payment, an appropriate Change Order will be be valid if not submitted in accordance with the requirements
issued as recommended by ENGINEER to reflect actual of this paragraph 12.1.
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be correspond- 12.2. The Contract Time will be extended in an amount
ingly adjusted, equal to time lost due to delays beyond the control o[ CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include, but not be limited to,
tJnitFdce Work: acts or neglect by OWNER or others performing additional
11.9.1. Where the Contract Documents provide that work as contemplated by Article 7, or to fires, floods, labor
all or part of the Work is to be Unit Price Work, initially disputes, ep. idemics, abnormal weather conditions or acts of
the Contract Price will be deemed to include for all Unit God.
Price Work an amount equal to the sum ofthe established
unit prices for each separately identified item of Unit Price 12.3. All time limits stated 'in the Contract Documents
Work times the estimated--quantity of each item a.s indi- are of the essence of the Agreement. The provisions of this
cater in the Agreement. The estimated quantities of items Article 12 shall not exclude recovery, for damages (including
of Unit Price Work are not guaranteed and are solely for but not limited to fees and charges of engineers, architects.
the purpose of comparison of Bids and determining an attorneys and other professionals and court and arbitration
initial Contract Price. Determinations of the actual quart- costs) for delay by either party.
titles and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10. ..
I 1.9.2. Each unit price will be deemed to include an ARTICLE 13-=-WARRANTY AND GUARANTEE:
amount consid, ered by CONTRACTOR to be adequate to TESTS AND INSPECTIONS;
cover CONTRACTOR's overhead and profit for each sep- CORRECTION, REbIOVAL OR
arateiy identified item. ACCEPTANCE OF DEFECTIVE WORK
I 1.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially Warranty and Guarantee:
and significantly from the estimated quantity of such item 1-3.1. CONTRACTOR warrants and guarantees to
indicated in the Agreement and there is no corresponding OWNER and JENGINEER that._all Work will be in accor-
adjustment with respect to any other item of Work and if dance with the Contract Documents and will not be defective.
CONTRACTOR believes that CONTRACTOR has Prompt notice of all defects shall be given to CONTIL-kC-
incurred additional expense as a result thereof, CON- TOR. All defective Work, whether or not in place, may be
TRACTOR may make a claim for an increase in the Con- rejected, corrected or accepted as provided in this Artic!e 13.
u-act Price in accordance with Article 11 if the parties are
unable to agree as to the amount of any such increase.
Access to Work:
13.2. ENGINEER and ENGINEER's representatives.
ARTICLE 12---CHANGE OF CONTRACT TIME other representatives of OWNER, testing agencies and gov-
ernmental agencies with jurisdictional interests v-ill have access
to the Work at reasonable times for their observation, inspecting
12.1. The Contract Time may only be changed by a Change and testing. CONTRACTOR shall pmvlde proper and safe
Order or a Written Amendment. Any claim for an extension conditions for such access.
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than Tests and Inspections:
thirty days) after the occurrence of the event giving rise to 13.3. CONiRACTORshallgiveENGINEERtimelynotice
the claim and stating the general nature of the claim. Notice of readiness of th~ Work for all required inspections, tests or
of the extent of the claim with supporting data shall be deliv- approvals.
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time tO ascertain more 13.4. If Laws or Regulations of any public body having
accurate data in support of the claim) and shall -be accom- jurisdiction_require any Work (or pan thereof) to specifically
panied by the claimant's written statement that the adjust- be inspected, tested or approved, CONTRACTOR shall
merit claimed is the entire adjustment to which the claimant assume full responsibility therefor, pay all costs in connection
has reason to believe it is entitled as a result of the occurrence therewith and furnish ENGINEER the required certificates
of said event. All claims for adjustment in the Cofitract Time ot~nspection, testing or approval. CONTRACI'OR shall also
be responsible for and shall pay ail costs in connection with thereof,'CONTRACTOR may make a claim therefor as pro-
any inspection or testing required in connection with OWN- vided in Articles I l and 12.
ER's or ENGINEER's acceptance of a Supplier of materials
-- or equipment proposed to be incorporated in the Work, or of Owner,Way Stop the Work:
materials or equipment submitted for approval prior to C011- 13.10. If the Work is defective, or CONTRACTOR fails
TRACTOR's purchase thereof for incorporation in the Work. to supply sufficient skilled workers or suitable materials or
_ The cost of all inspections, tests and approvals in addition to equipment, or fans to furnish or peri'Grin the Work in such a
the above which are required by the Contract Documents way that the completed Work will conform to the Contract
'"' shall be paid by OW'HER (unless otherwise specified). Documents, OWNER may order CONTRACTOR to s,top the
Work, or any portion thereof, until the cause for such order
13.5. All inspections, tests or approvals other than those has been eliminated; however, this right of OWNER to stop
required by Laws or Regulations of any public body having the Work shallnot give rise to any duty on tbe part of OW'iqER
jurisdiction shall be performed by organizations acceptable to exercise this tight for the benefit of CONTRACTOR or
-- to OWNER and CONTRACTOR (or by ENGINEER if so any other party. : .
specified).
-- 13.6. If any Work (including the work of others) that is Correction or l~emoval of Defective Work:
to be inspected, tested or approved is covered without written 13.11. If required by ENGINEER, CONTRACTOR shall
concurrence of EI~IGINEER, it must, if requested by ENGI- promptly, as directed, either correct all defective Work.
._. NEER, be uncovered for observation. Such uncovering shall whether or not fabricated, installed or completed, or, if the
-- be at CONTRACTOR's expense unless CONTRACTOR has - Work has been rejected by ENGINEER', i~m~ve it from the
given ENGINEER timely notice of CONTRACTOR's inten- site and replace it with aondefective Work. COI'ITRACTOR
tion to cover the same and ENGINEER has not acted with shall bear all directs-indirect and consequential costs of such
_ ' ' reasonable promptness in response to such notice. . con'action or removal (including but not limited to fees and
i charges of engineers, architects, attorneys and other profes-
·" 13.7. Heither ob. servations by ENGINEER nor inspec- siGnals) made necessary thereby. ,.
· ~ tions, tests or approvals by others shall relieve COlqTRAC- ' ....
-- ] TOR from CONTRACTOR's obligations to perform the Work One Year Correction Period: ·
-- in accordance with the Contract Documents. '
~ 13.121 If within one year after thc date of Substantial
_ I~ Completion or such longer period 'of' time as may be pre-
. I scribed by Laws or ~,eguiations orby the terms ofany appli-
Uncovering Work: cable special guarantee required by the Contract Documents
__,--] 13.8. Ifany Work is covered conu'ary to the written request °r bY any Sl~Cific ProVisi°n °f the C°ntract D°cuments' any
of ENGINEER, it must, if requested by ENGINI:-I:R, be Work is found to bc defective. CONil<ACTORshallpromptly.
uncovered for ENGINEER's observation and replaced at without cost to OWNER and in accordance with OWNER's
COI%CI'RACTOR's expense, wrkten instructions, either correct such defective Work, or.
if it has been rejected by OWNER, remove it from the site
: -: 13.9. If ENGINEER considers it necessary or advisable and replace it with nondefective Work. If CONTRACTOR
that covered Work be observed by ENGINEER or inspected does not promptly comply with the terms of such instructions.
or tested by others, CONTRACTOR, at ENGINEER's or in an emergency where delay would cause serious risk of
-- request, shall uncover, expose or otherwise make available loss or damage, OWNER may have the defective Work cor-
for observation, inspection or testing as ENGINEER may reefed or the rejected Work removed and replaced, and all
require, that portion of the Work in question, furnishing all direct, indirect and consequential costs of such removal and
~ necessary labor, material and equipment. If it is found that replacement (including but not limited to fees and charges of
such Work is defective, CONTRACTOR shall.bear all direct, engineers, architects, attorneys and othecprofessionals) will
indirect and consequential costs of such uncovering, expo- be paid by CONTRACTOR. In special circumstances where
sure, observation, inspection and testing-and of satisfactor~ ' a particular item of equipment is placed in continuous service
-- reconstruction, (includingbur not limited to fees and charges before Substantial Completion of all the Work, the correction
of engineers, architects, attorneys and other professionals), period for that item may start to run from an earlier date if
and OWNER shall be entitled to an appropriate decrease in- .so provided in ~e Specifications or by Written Amendment.
the Contract Price, and, if the parties are unable to agree as
to the amount thereof, may make a claim thereforas.provided
'J in Article ! 1. If. however, such Work is not found to be Acceptance of Defective Work:
defective. CONTRACTOR shall be allowed an increase in -13.13.. If, instead of requiring correction or removal and
_- the Contract Price or'aT extension of the Contract Time, or replacement of defective Work, OWNER (and, prior to
: both, directly attributable to such uncovering, exposure, ENGINEER's. recommendation of-.final payment, also
~ observation, inspection, testing and reconstruction; and, if ENGINEER) prefers to accept it, OWNER may do so. CON-
the parties ar~. unable to agree 'ag to the ani~)ti'{tt or extent .TRACTOR shall bear all direct, indirect and consequential
costs attributable to OWNER's evaluation of and determi- ARTICLE I'T PAYMENTS TO CONTRACTOR AND
nation to accept such defective Work (such costs to be approved COMPLETION
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges of engineers, architects, attor- Schedule of Values:
heys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment, a 14.1. The schedule of values established as provided in
Change Order will be issued incorporating the necessary revi- paragraph 2.9 will serve as the basis for progress payments
signs in the Contract Documents with respect to 'the Work: and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
and OWNER shall be entitled to an appropriate decrease in account of Unit Price Work will be based on the number of
the Contract PHce, and, if the parties are unable to' agree as
to ~'he amount thereof, OWNER may make a claim therefor units completed.
as provided in Article 1 I. If the acceptance occurs after such
recommendation, an appropriate amount will be paid by Al~plication for Progress Payment:
CONTRACTOR to OWNER. 14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CO.X[-
TRACTOR shall submit to ENGINEER for review an Appli-
OWNER May Correct Defective Work: cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
13.14. If CONTRACTOR faRs within a reasonable time
· and accompanied by such supporting documentation as is
after written notice of ENGINEER to proceed to correct and required by the Contract DocumentsL If payment is requested
to correct defective Work or to remove and replaoe rejected on the basis of materials and equipment not incorporated in
Work as required by ENGINEER in accordance with para- the Work but delivered and so~tab_ly._st_0_red at the site or at
graph 13. I 1, or if CONTRACTOR fails to perform the Work another location agreed to in writing, the Application for
in accordance with the Contract Doc-meats, or if CON- Payment shaft also be accompanied by a b~l of sale, invoice
TRACTOR. falls to comply with any other provision of the or other documentation warranting that OWNER has received
Contract Documents, OWNER may, after seven days' writ* the materials and equipment free and clear of all Hens, charges.
ten notice to CONTRACTOR, correct and remedy any such security interests and encumbrance! (which are hereinafter
deficiency. In exercising the rights and remedies under this in these General Conditions referr~l to as "Liens") and
paragraph OWNER shall proceed expeditiously. To the extent evidence that the materials and equipment are covered by
necessary to complete corrective and remedlalaction, OWNER appropriate property insurance at~ other arrangements to
may exclude CONTRACTOR from all or part of the site. take protect OWnER's interest therein, all of which will be sat-
possession of all or part of the Work, and suspend CON- isfact6ry to OWNER. The amount of retainage with respect
TRACTOR's services related thereto, take possession of to progress payments will be as stipulated in the Agreement.
CONTRACTOR's tools, appliances, construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site orfor which OWNER CONTIOtCTOR'~ Warranty of Title:
has paid CONTRACTOR but which are stored elsewhere. 14.3. CONTRACTOR warrants and guarantees that title
CONTRACTOR shall allow OW'HER, OWNER's represen- to all Work. materials and equipment covered by any App[i-
tatives, agents and employees such access to the site as may cation for Payment, whether incorporated in the Project or
be necessary to enable OW'NER to exercise the rights and
not, will pass to OWNER no later than the time of payment
remedies under this paragraph. All direct, indirect and con- free and clear of all Liens.
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER, and a Change Review of Application~ for Progress Payment:
Order will be issued incorporating the necessary revisions in 14.4. ENGINEER will. within ten days after receipt of
the Contract Documents with respect to the Work; and each Application for Payment, either indicate in writing a
OWNER shall be entitled to an appropriate decrease in the recommendation of payment and present the Application to
Contract PHce, and, if the parties are unable to agree as to OW2,[ER, or return the Applicatiort to CObYERACTOR indi-
the amount thereof, OWNER may make a claim therefor as cating in writing ENGINEER's re~0ns for refusing to rec-
provided in Article 11. Such direct, indirect and consequen- ommend payment. In the latter cas. c, CONTRACTOR may
rial costs will include but not be limited to fees and charges make the necessary corrections an,d. rcsubmit the Applies-
of engineers, architects, attorneys and other professionals, t/on. Ten days after presentation of,?.he Application for Pay-
all court and arbitration costs and all costs of repair and meat with E2qGINEER'a recommendation, the amount fcc-
replacement of work of others destroyed or damaged by ommended will (subject to the provisions of the last sentence
correction, removal or replacement of CONTRACTOR's of paragraph 14.7) become due and when due va'Il be paid by
defective Work. CONTRACTOR shall not be allowed an OWNER to CONTRACTOR.
extension of thc Contract Time because of any delay in per-
formance of thc Work attributable to the exercise by OWNER '. 14.5. J~GINEER'~ rccom'~nda~ion 'of' any' '~ayment
of OWNER's rights and remedies hereunder. ' .... -' ' - ' requested in 'an AiJplication fo~' Payment will constitute a
-'.-
representation by ENGINEER to OWNER, based on ENGI- OWNER'to a set-off against the amount recommended, but
NEER's on-site observations of the Work in progress as an OWNER must give CONTRACTOR immediate written notice
_. experienced and qualified design professional and on ENGI- (with a copy to ENGINEER) stating the reasons for such
NEER's review of the Application for Payment and the action.
accompanying data and schedules that the Work has pro-
gressed to the point indicated: that, to the best of ENGi-
-- NEER's knowledge, information and belief, the quality of' Sufstant/aff Comple~an:
the Work is in accordance with the Contract Documents 14.8. When CONTRACTOR considers the entire Work
' - (subject to an evaluation of the Work as a functioning whole '- ready for its intended use CONTRACTOR shall notify
_. prior to or upon Substantial Completion, to the results or'any OWNER and ENGINEER in wr/ting that the entire Work is
subsequent tests called for in the Contract Documents, to a substantially complete (except for items specifically listed by
final determination of quantities and classifications for Unit CONTRACTOR as incomplete) and request that ENGI-
Price Work under paragraph 9.10, and to any other qualifi- . NEER issue a certificate of Substantial Completion. Within
-- cations stated in the recommendation); and that CONTRAC- a reasonable time thereafter~-OWNER, CONTRACTOR and
TOR is entitled to payment of the amount recommended. ENGINEER shall make an inspection Of the Work to deter-
However, by recommending any such payment ENGINEER mine the status of completion. If ENGINEER does not con-
w/Il not thereby be deemed to have represented that exhans- sider the Work substantially complete, ENGINEER will not~.'
-- live or continuous on-site inspections have been made to CONTRACTOR in writing g/ring the reasons therefor. If
check the quality or.ibc quantity of'the Work beyond the ENGINEER considers the Work substantially complete.
responsibilities specifically assigned, to ENGINEER in the ENGINEER will prepare and deliver to OWNER a tentative
.... Contract Documents or that there may not be othe~ rant_tars certificate, of Substantial Completion wh_ic__h shall fox the date
.-.: or issues between the parties that might entitle CONTRAC- of Substantial Completion. There shall-I~'~ttached to the
TOR to be paid additionally by OWNER or OWNER to certificate a tentative list of items to be completed or cor-
withhold payment to CONTRACTOR. tected before final payment. OWNER shall have seven days
-- after receipt of the tentative certificate during which to make
· ~ 14.6. ENGINEER's recommendation of final payment written objection to ENGINEER as to any provisions of the
will constitute an additional representation by ENGINEER certificate or attached list. If, after c.o. nsidering such objec-
to OWNER that the conditions precedent to CONTRAC- lions, ENGINEER concludes that~the'Work is not substan-
"-~ TOR'sbeingentitiedto finalpaymentasset forthinparagraph tinily complete. ENGINEER will ,,~ithin fourteen days after
14.13 have been fulfilled, submission of the tentative certificate to OWNER notif.v
CONTRACTOR in writing, statin~the reasons therefor. If.
~-.~ 14.7. ENGINEER may refuse to recommend the whole after consideration of OWNER's ~)bjections, ENGINEER
· i or any part of any payment if, in ENGINEER's opinion, it considers the Work substantially complete,.ENGINEER will
would be incorrect to make such representations to OWNER. within said fourteen' days execute and deliver to OWNER
~--~ ENGINEER may also refuse to recommend any such pay- and CONTRACTOR a definitive certificate of Substantial
~ ment, or, because of subsequently discovered evidence or Completion (with a revised tentative list of items to be com-
-- ~ the results ofsubsequent inspections or tests, nullify any such plated orcorrected) reflecting such changes from the tentative
payment previously recommended, to such extent as may be certificate as ENGINEER believes justified after consider-
~ necessary in ENGINEER's opinion to protect OWNER from aliGn of any objections from OWNER. At the time of deliver:,.'
loss because: of the tentative certificate of Substantial Completion ENGI-
NEER will deliver to OWN ER and CONTRACTOR a written
_ 14.7.1. the Work is de£ect~ve, or completed Work has recommendation as to division of responsibilities pending
been damaged requiring correction or replacement, final payment between OWNER and CONTRACTOR with
respect to security, operation, .safety. maintenance, heat.
14.7.2. the Contract Pr/ce has been reduced by Writ- utilities, insurance and warranties. Unless OWNER and
-- ten Amendment or Change Order, CONTRACTOR agree otherwise in writing and so inform
I:NGb.NE~F~tL prior to i~xlG~'s issuing the definitive
14.7.3. OWNER has been required to correct fief nc- certificate of Substantial Completion. ENGINEER's at'ore-
_ tivt Work or complete Work in accordance with paragraph said recommendation will be binding on OW~IER and CON-
13.14, or TRACTOR until final payment.
14.7.4. of ENGINEER's actual knowledge of .the 14.9. OWNER shall have the right to exclude CO:N-
~ occurrence of any of the events enumerated in pax'agraphs TRACTOR from the Work aRer the date of Substantial Com-
15.2. ! through 15.2.9 inclusive, pletion, but OWNER shall allow CONTRACTOR reasonable
-- access to complete or correct items on the tentative list.
OWNER may refuse to make payment of the full amount
~ recommended by ENGINEER because claims have been "
made against OWNER on account of CONTRACTOR*s per.. Partial tltflization: '
formancc or furnishing of the Work or Liens have been fried. 14.10. -Use by OWNER of any finishe.~i pan of the Work,
in connection with the.Wot~k or there are other items entitling which bas specifically been identified in the Contract Docu-
'' 27 "-
merits, or which OWNER, ENGINEER and CONTRAC- 1-4.10.3. No occupancy or separate operation of part
TOR agree constitutes a separately functioning and useable of the Work will be accomplished prior to compliance with
pan of the Work that can be used by OWNER without sig- the requirements of paragraph 5.15 in respect of property
nificant in£erference with CONTRACTOR's performance of insurance.
the remainder of the Work, may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ing: Final Inspection:
14.11. Upon written notice from COi,ITRACTOR that the
14.10.1. OWNER at any time may request CON- entire Work or an a~eed portion thereofis complete, ENGI-
TRACTOR in writing to permit OWNER to use any such NEER will make a final inspection with OWNER and CON-
part of the Work which OWNER believes to be ready for TRACTOR and will notify CONTRACTOR in writing of all
its intended use and substantially complete. If CON- particulars in which this inspection reveals that the Work is
TRACTOR agrees, CONTRACTOR will certify' to OWNER incomplete or defective. CONTRACTOR shall immediately
and ENGINEER that said part of the Work is substantially take such measures as are necessary to remedy such deft-
complete and request ENGINEER to issue a certificate of ciencies. ' '
Substantial Completion for that part of the Work. CON-
.... TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such Final Application for Payment:
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif- 14.12. After CONTRACTOR has completed all such cor-
icate of Substantial Completion for that part of the Work. rections to the satisfaction of ENGINEER and delivered all
Within areasonabletimeaftereithersuch request, OWI'IF-R, ,a~ntenance and operating instructions, schedules, guaran-
CONTRACTOR and ENGINEER shall make an [nspec- tees, Bonds, certificates of inspection, marked-up record
lion of that part of the Work to determine its status of documents (as provided in paragraph-6.ffg) and other docu-
completion. If ENGINEER does not consider that part of ments--all as required by the Contract Documents, and after
the Work to be substantially complete, ENGINEER will ENGINEER has' indicated that the Work is acceptable (sub-
notify OWNER and CONTRACTOR in writing giving the ject to the provisions o[ paragraph 14.16), CO~',FI'RACTOR
reasons therefor. If ENGINEER considers that part of the may make application igc final payment following the pro-
Work to be substantially complete, the provisions of para- cedure for progress payments. The fiflal Application for Pa)'-
graphs 14.8 and 14.9 will apply with respect to certification ment shall be accompanied by all documentation called for
of Substantial Completion of that part of the Work and the in the Contract Documents, together with complete and legally
division of responsibility in respect thereof and access effective releases or waivers (satisfactory. to OWNER) of all
Lien~ arising out of or filed in connection with the Work. In
thereto, lieu thereof and as.approved by OW'~I..ER, CONTRACTOR
14.10.2. OWlxIER may at any time request CON- may furnish receipts'or releases in fu!l;an affidavit of CON-
TRACTOR in writing to permit OWNER to take over TRACTOR that the releases and receipts include all labor.
operation of any such part of the Work although it is not secvices, material and equipment for which a Lien could be
substantially complete. A copy of such request will be filed, and that all payrolls, material and equipment b{lls, and
sent to ENGINEER and within a reasonable time there- other indebtedness connected with the Work for which
after OWNER, CONTRACTOR and ENGINEER shall OWNER or OWNER's property might in any way be respon-
make an inspection of that part of the Work to determine sible, have been paid or otherwise satisfied; and consent of
its status of completion and will prepare a list of the items the surety, if any, to final payment. If any Subcontractor or
remaining to be completed or corrected thereon before Supplier fails to furnish a release or receipt in full, CON-
final payment. If CONTRACTOR does not object in writ- TRACTOR may furnish a Bond or other collateral satisfac-
ink to OWNER and ENGINEER that such part of the tory to OWNER to indemnify OWNER against any Lien.
Work is not ready for separate operation by OWNER,
ENGINEER. will finalize the list of items to be completed
or corrected and will deliver such list to OWNEl~-and FinalPaymenttugtAccetntance:
CONTRACTOR together with a written recommendation 14.13. If, on the basis of ENGINEER's observation of
a~ to the division of respons~ilities pending final payment the Work during construction and final inspection, and
between OWNER and CONTRACTOR with respect to ENGINEER's review of the final Application for Paymen~
security, operation, safety, maintenance, utilities, insur- and accompanying documentation~all as required by thc
anco, warranties and guarantees for that part of thc Work Contract Documents. ENGINEER is satisfied that thc Work
which will become binding upon OWNER and CON- has been completed and CONTRACTOR's other obligations
T'RACTOR at the time when OWNER takes over such under the Contract Documents have been fulfilled, ENGI-
operation {unless they shall have otherwise agreed in w~it- NEER will, within ten days after receipt of the final App[i-
ink and so informed ENGINEER). During such operation cation for Payment, indicate in writing ENGINEER's fcc-
and prior to Substantial Completion of such part of the orcunendation of payment and present the Application to
Work. OWNER shall allow CONTRACTOR reasonable OWNER for payment. Thereupon ENGINEER will give
access to complete or correct items on said list and to written notice to OWNER and CONIF, ACTOR that the Work
complete other related Work. is acceptable subject to the provisions of paragraph 14.16.
28 '
Otherwise, ENGINEER will return the Application to CON- CONTRACTOR's continuing obligations under the Con-
TRACTOR, indicating in writing the reasons for refusing to tract Documents; and
_ recommend final payment, in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli- I',{.16.2. a waiver of all claims by CONTRACTOR
cation. Thirty days after presentation to OWNER of the against OWNER other than those previously made in writ-
Application and accompanying documentation, in appropri- ing and ,~till unsettled.
-- ate form and substance, and with ENGINEER's recommen-
dation and notice of acceptability, the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR. ARTICLE I~--SUSPENSION OF WORK AND
-- TERMINATION
14.14. If, through no fault of CONTRACTOR, final corn-
_ pletion of the Work is significantly delayed and if ENGI- Owner May Suspend Work:
NEER so confirms, OWNER shall, upon receipLof CO1q- . I}.1. OWNER may, at any time and without cause, sus-
TRACTOR's final Application for Payment and recommen- pend the Work or any portion there6f for a period of not more
dation of ENGINEER, and without terminating the Agree- than ninety days by notice in writing to CONTRACTOR and
-- ment, make payment of the balance due for that portion of ENGINEER which will fix the date on which Work w/Il be
the Work fully completed and accepted. If the. remaining resumed. CONTRACTOR shall resume the Work on the date
o balance to be held by OWNER for Work not fully completed so fixed. CONTRACTOR shall be allowed an increase in the
_ or corrected is less than the retainage stipulated in the Agree- Contract Price or an extension of the Contract Time, or both,
ment, and if Bonds have been furnished as required in para- directly attributable to any suspension-.if_CONTRACTOR
graph 5.1, the written consent of the surety to the payment makes au approved claim therefor ns provided in Articles 11
of the balance due for that portion of the Work fully corn- and 12..
-- pleted and accepted shall be submitted by CONTRACTOR ' '-
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov- OwnerMay Terminate:
erniog final payment, except that it shall not constitute a 15.2. Upon the occurrence of any one or more of the
'-; i waiver of claims, following events: :-~'~'-
15.2.1. ifCONTRACTORcommances a voluntary case
Contractor's Continuing Obligalion: under any chapter of the Bankniptc¥ Code ('fide [ I, United
~. 14.15. CONTRACTOR's obligation to perform and corn- States Code), as now or hereafter in effect, or if CON-
· , plete the Work in accordance with the Contract Documents TRACTOR takes any equivalent or similar action by filing
shall be absolute. Neither recommendation of any progress a petition or otherwise under any other federal or state
--' or final payment by ENGINEER, nor the issuance of acer- law in effect at such time relating to the bankruptcy or
tificate of Substantial Completion, nor any payment by insolvency;
OWNER to CONTRACTOR under the Contract Documents,
_ nor any use or occupancy of the Work or any part thereof by 15.2.2. if a petition is filed against CONTRACTOR
OWNER, nor any act of acceptance by OWNER nor any under any chapter of the Bankruptcy Code as now or
failure to do so, nor any review and approval of a Shop hereafter in effect at the time of filing, or if a petition is
Drawing or sample submission, nor the issuance of a notice filed seeking any such equivalent or similar relief against
-- ofacceptabilityby ENGINEERpursuant to paragraph 14.13, CONTRACTOR under any other federal or state law in
nor any correction of defective Work by OWNER will con- effect at the time relating to bankruptcy or insolvency;
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli- 15.2.3. ifCONTRACTOR makes a general assignment
-- gation to perform the Work in accordance with the Contract for the benefit of creditors;
Documents (except as provided in paragzaph 14.16).
15.2.4. if a trustee, receiver, custodian or agent of
~ Waiyer of Clairm: CONTRACTOR ia appointed under applicable law or under
contract, whose appointment or authority to take charge
14.16. The making and acceptance of final payment will of property of CONTRACTOR is for the purpose of
constitute: enforcing a Lien against such property or for the purpose
~ of general administration of such property for the benefit
14.16.1. a waiver of all claims by OWNER against of CONTRAcTOR'$creditor~;
CONTRACTOR, except claims arising from unsettled
Liens, from defective Work appearing after final inspec- 15.2.$. if CONT_R. AC~OR admits in writing an inabil-
tion pursuant to paragraph 14. I i or from failure to comply ity to pay its debts generally as they become due;
· with the Contract Documents or the terms of any special
guarantees specified therein; however, it will not consti- . 15.2.6. ifCO1WrRACTOR persistently fails to perform
tute a waiver by .OVv~IER of any rights in 'respect of 'the Work-in accordance with the Contract Documents
(including. but not limited to, failure to supply sufficient 15.3.- Where CONTRACTOR's services have been so
skilled workers or suitable materials or equipment or terminated by OWNER. the termination will not affect any
failure to adhere to the progress schedule established under rights or remedies of OWNER against CONTRACTOR then
paragraph 2.9 as revised from time to time); existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
15.2.7. if CONTRACTOR disregards Laxvs or Regu- not release CONTIL*CTOR from liability.
let{oas of any public body having jurisdiction;
15.4. Upon seven days' written noti:e io CONTRAC-
15.2.8. if CONTRACTOR disregards the authority of TOR and ENGINEER, OWNER may. without cause and
ENGINEER; or without prejudice to any other right or remedy,',~lect to aban-
don the Work and terminate the A.m'eement. In such case.
15.2.9. if CONTRACTOR otherwise violates in any CONTRACTOR shall be paid for all Work executed and any
substantial way any provisions of the Contract Docu- expense sustained plus reazonable termination expenses, which
menu; will include, but not be limited to, direct, indirect and con-
sequential costs {including. but not lira. {ted to, fees and charges
OWNER may, after giving CONTRACTOR (and the su. rety, of engineers, architects, attorneys ~'nd other professionals
if there be one} seven days' written notice and to the extent and court and arbitration costs). ' '
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR's Contractor Ma)' Stap Work or Terminate:
tools, appliances, construction equipment and machinery at 15.5. If, through no act or fault of CONTRACTOR. the
the site and use the same to the full extent they could be used Work is suspended for a period of more than ninety days by
by CONTRACTOR (without liability to COIWI'RACTOR fpr OWNER or under an order of court_oL_oJhgr public authority.
trespazs or conversion), incorporate in the Work all materials or ENGIlqEER fans to act on any Application for Payment
and equipment stored at the site or for which OWq'qER has within thirty day~' after it is submitted, or OWN.F_R.fails for
paid CONTRACTOR but which are stored elsewhere, and thirty days to pay CONTRACTOR any sum finally deter-
finish the Work as OWNER may deem expedient. In such mined to be due, then CONTRACTOR may, upon seven
case CONTRACTOR shall not be entitled to receive any days' written notice to OWNER and ENGINEER, terminate
further payment until the Work is finished. If the unpaid the Agreement and recover from OWNER payment for all
balance of the Contract Price exceeds the direct, indirect and Work executed and any expense sustained plus reasonable
consequential costs of completing the Work (including but termination expenses. In addition and in lleu of terminating
not limited to f{~es and charges of engineers, architects, attor- the Agreement, if ENGINEER has failed to act on an Appli-
heys and other professionals and court and arbitration costs) cation for Payment or OWNER has failed to make any pay°
such excess will be paid to CONTRACTOR. If such costs meat az aforesaid, CONTRACTOR may:upon seven days'
exceed such unpaid balance, CONTRACTOR shah pay the written notice to OWNER and ENGI.t.N'EER stop the Work
difference to OWNER. Such costs incurred by OWNER will until payment of ail amounts then due. The provisions of this
be approved az to reasonableness by ENGINEER and incor- paragraph shall not relieve CON ! FACTOR ofthe obligations
porated in a Change Order, but when exercising any fights under paragraph 6.29 to carry on the Work in accordance
or remedies under this paragraph OWNER shall not be required with the progress schedule and without delay dufing disputes
to obtain the lowest price for the Work performed, and disagreements with OWNER.
[The remainder of this page was left blank intentionally.]
-i
]. ARTICLE 16--ARBITRATION American Arbitration Association, and a copy will be sent to
ENGINEER for information. The demand for arbitration will
be made within the thirty-day or ten-day period specified in
16.1. All claims, disputes and other matters in question
paragraph 16.2 as applicable, and in all other cases within a
--: between OWNER and CONTRACTOR arising out of. or
relating to the Contract Documents or the breach thereof reasonable time after the claim, dispute or other matter in
(except for claims which have been waived by the making or question has arisen, ae.d in no event shall any such demand
be made after the date when institution of legal or equitable
acceptance of final payment as provided by paragraph 14.16)
~ will be decided by arbitration in accordance with the Con- proceedings based on such claim, dispute or other matter in
; struction Industry Arbitration Rules of thc American Arbi- question would be barred by the applicable statute of limi-
tration Association then obtaining subject to the limitations rations. '-
-- of this Article 16. This agreement so to arbitrate and any
other agreement or consent to arbitrate entered into in accor- 16.4. No arbitration arising out of or relating to the Con-
dance herewith as provided in this Article 16 will be specifi- tract Documents shall include by consolidation, joindec or in
callyenforceableunderthe prevailing lawofanycourthaving any other manner any other person or entity (including
-- jurisdiction. ENGINEER, ENGINEER's agen~s..employees or consul-
tants) who is not a party to this cofitract unless:
16.2. No demand for arbitration of any claim, dispute or . .
_ other matter that is required to be referred to ENGINEER 16.4~1. the inclusion of such other person or entit.v
; initially for decision in accordance with paragraph 9. I I will necessary if complete relief is to be afforded among those
, be made until the earlier of (a) the date on which ENGINEER who are already parties to the arbitration.
. .. has rendered a decision or (b) the tenth day after the parties
-- i have presented their evidence to ENGINEER if a written
decision has not been rendered by ENGINEER before that 16.4.2. such other person or ~;fl~it~ is substantially
date. No demand for arbitration of any such claim, dispute involved in a question of law or fact which is common to
or other matter will be made later than thirty days after the those who are already parties to the arbitration and which
~ i date on which ENGINEER has rendered a written decision will arise in such proceedings, and
] in respect thereof in accordance with paragraph 9. I 1; and the
failureshall resultt° demandin ENGINEER'sarbitrati°n within said thirty days' period 16.4.3. the written consent.of the other person or entity
'~i} decision being final and binding sought to be included and of OWNER and CONTR.,C-
upon OWNER and CONTRACTOR. If ENGINEER renders TOR has been obtained for such inclusion, which consent
a decision after arbitration proceedings have been initiated, shall, make specific reference, to this paragraph: but r.o
..... such decision may be entered as evidence but will not supersede
~ such consent shall constitute consent to arbitration of an}'
the arbitration proceedings, except where the decision is dispute not specifically described in such consent or .:o
·--] acceptable to the parties concerned. No demand for arbitra- arbitration with any party not specifically identified in such
lion of any written decision of ENGINEER rendered in '
consent.
~ accordance with paragraph 9.10 will be made later than ten
days after the party making such demand has delivered writ-
ten notice of intention to appeal as provided in paragraph 16.5. The award rendered by the arbitrators will be final.
9.10. judgment may be entered upon it in any court having juris-
diction thereof, and will not be subject to modification or
.... 16.3. Notice of the demand for arbitration will be filed in appeal e:icept to the extent permitted by Sections 10 and 11
writing with the other party to the Agreement and with the of the Federal Arbitration Act {9 U.S.C. §§
[The remainder of this page was left blank intentionally.]
[This page was left blank intentionally.] ,~.
I._ARTICLE 17--MISCELLANEOUS sion or act. of the other party or of any of the other party's
employees or agents or others for whose acts the other party
;lying Notice: is legally liable, claim will be made in writing to the other
17.1. Whenever any provision of the Contract Docu- party within a reasonable time or'the first observance of such
~ncnts requires the giving or' written notice, it will be deemed injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the pro-
o have been validly given if delivered in person to the indi-
vidual or to a member of the firm or to an officer of the visions of any applicable statute oflimitat/ons or repose.
._~orporation for whom it is intended, or if delivered at or sent
~y registered or certified mail. post~ge prepaid, to the last 17.4. The duties and obligations imposed by these Gen-
ousiness address known to the giver of the notice, er-al Conditions and the rights and remedies available here-
under to the parties hereto, and, in particular but without
--Computation of Time: limitation, tY, e warranties, guarantees and obligations imposed
17.2.1. When any period of time is referred to in the' upon CONTR~A. CTORby paragraphs 6.30, 13.1, 13.12, 13.14.
Contract Documentsbydays, it will be computed to exclude - 1~.3 and 15.2 and all of the rights and remedies available to
~ the first and include the last day of such period. If the last OWNER and ENGINEER thereunder,' are in addition to.
day of any such period falls on a Saturday or Sunday or and are not to be construed in any way as a limitation or', an.v
on a day made a legal holiday by the law of the applicable rights and remedies available to any or all of them which are
jurisdiction, such day will be omitted from the compute- otherwise imposed or available by Laws or Regulations, by
-- tion. special warranty or guarantee or by other provisions of the
Contract Documents, and the provisions of this paragraph
~..~ 17.2.2. A calendar day of twenty-four hours measured will be as effective as if repeated specifically in the Contract
'~ from midnight to the next midnight shall constitute a day. Documents in connection with each partic_u~_ar-duty, oblige-
General: lion, fight and remedy to which they apply. Ail representa-
tions, warranties and guarantees made in the Contract Doc-
17.3. Should OWNER or COI'4'~ILACTOR suffer injury uments will survive final payment and termination or corn-
- or damage to person or property because of any error, omis- pletion of the Agreement.
DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS
SUPPLEMENTARY CONDITIONS
-- THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL
CONDITIONS OF THE CONSTRUCTION CONTRACT (NO. 1910-8, 1983 ED.) AS
INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR
-- SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS
AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENI)ED.
_ ARTICLE 1 - DEFINITIONS
SC-I.
-- Bonds: Revise to read: "Bid, performance, payment, and maintenance bonds and other
instruments of security."
-- Calendar Da)' or Days: Any successive da3' or days of the xveek or month, no days being
excepted.
Engineer: The word "ENGINEER" in these contract documents and specifications shall be
understood as referring to CITY ENGINEER, Cit3' of Coppell, P.O. Box 478, Coppell, Texas
75019, Engineer of the Owner, or such other representatives as may be authorized by' said Ox~er to
act in any particular position.
Owner: The word "OWNER" in these contract documents and specifications refer to the
CITY OF COPPELL acting through its authorized representatives.
XVorking Days: Any days of the week or month, except Saturdays, Sundays, official
holidays of the appropriate jurisdiction, and days of such weather that work cannot be continued in
_ a safe maimer.
Shop Drawings: Add the following language after the second reference to
CONTRACTOR: "after his review and approval of same".
All other terms used in these Supplementary Conditions which are defined in the Standard
General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) shall have the same
-- meanings used in the General Conditions.
ARTICLE 2 - PRELIMINARY MATTERS
SC-2.2.
Amend the first sentence by changing "ten copies" to be "five copies".
SC-2.8.
-- Amend the first semence of paragraph 2.8 to delete the following: "Within t~ven~' days
after the effective date of the Agreement, but".
-- SC-2.9.
Panend the first sentence of paragraph 2.9. by adding the follo~x4ng at the beginning of the
sentence: "If requested by Ox~mer, Engineer or Contractor".
SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 1
_ SC-2.10.
Add the following new paragraph 2.10 immediately after paragraph 2.09;
Conflict of Interest
2.10 Ci~' Charter states that no officer or employee of the City shall have a financial
interest, direct or indirect, in any Contract with the Ci~', nor shall be financially interested, directly
- or indirectly, in the sale to the Ci~' of any land, or rights or interest in any land, materials,' supplies
or services. This prohibition does not apply when the interest
is represented by o~ership of stock in a corporation involved, provided such stock o~ership
-- amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition
will constitute malfeasance in office. Any officer or employee of the City found guil~; thereof
should thereby forfeit his office or position..~my violation of this prohibition with the knowledge,
_ expressed or implied, of the persons or corporations contracting with the Cit),-' shall render the
contract voidable by the Ci~' Manager or the Ci~' Council. The Contractor represents that no
employee or officer of the City has an interest in the Contractor.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REVISE
SC-3.2.
Add the follox~4ng language at the end of the paragraph 3.2.: "If there is any confiict
between the provisions of the Contract Documents and any such referenced standard specifications,
_ manuals or codes, the provisions of the Contract Documents shall take precedence over that of an5:
standard specifications, manuals or codes."
.ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS
Add the following new paragraph 4.2.1.1 immediately after paragraph 4.2.1.:
_ 4.2.1.1. In the preparation of Drax~4ngs and Specifications, ENGINEER has established
and relied upon the following reports of explorations and tests of subsurface conditions at the site of
the work:
Report dated, March 1996, prepared by Henley Johnston & Associates, Inc., Dallas, Texas,
entitled: "Geotechnical Investigation Haverty Furniture Companies, Inc., Regional Distribution
Facili~' Gateway Boulevard/Freeport Parkway, Coppell, Texas" the technical data contained in
-- such report is the log of borings provided in the Appendix of the report and it represents the
conditions only at the point of the boring at the time the boring was made and are furnished for
general information only. Variations wfill not be used as a basis for a claim of changed conditions.
_ The Contractor may- take borings at the site to satis$' himself as to subsurface conditions. A copy
of this report is included in Appendix A of this document.
SC-4.42
Add the follo~4ng after the first sentence: "The reference points have been established as
shown on Sheet SC-I". Delete: "unless othervx~se shown in the General Requirements".
_ SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE _,"
__ ARTICLE 5 - BONDS AND INSURANCE
SC-5.1.
Add the following after the second sentence as follows: "Contractor shall also furnish a
maintenance bond in an amount at least equal to 50% of the Contract Price at the time of Final
Acceptance of the work. The maintenance bond shall remain in effect until two (2) years after the
-- date of final acceptance."
Amend the fourth sentence of the first paragraph by deleting "as are named in the current
-- list of "companies holding certificates.., and substituting "holding a permit from the State of
Texas, to act as Surety and acceptable according to the latest list of companies holding certificates
of approval from the State Board of Insurance under 7.19-1 of the Texas insurance code.
SC-5.3 through SC-5.5. - -
Delete sections 5.3 through 5.5 in their entirety and substitute the following in lieu thereof:
5.3. Ins,trance Required. The Contractor shall not commence work under this contract
until he has obtained all insurance required under this paragraph and Item 1.26 of the North Central
-- Texas Standard Specifications for Public Works Construction as amended August 23. 1990, and
such insurance has been approved by the Ci~-, nor shall the Contractor allow any subcontractor to
commence work on this subcontract until all similar insurance of the subcontractor has been so
-- obtained and approved.
5.3.1. Compensation Insurance. The Contractor shall take out and maintain during the life
of this contract Worker's Compensation Insurance for all of his employees at the site of the project
and in case any work is sublet, the Contractor shall require the subcontractors similarly to provide
Worker's Compensation Insurance for all of the latter employees unless such employees are
covered by the protection afforded by the Contractor. In case any class of employee engaged in
-- hazardous work under this contract at the site of the project is not protected under the Worker's
Compensation statute, the Contractor shall provide and shall cause each subcontractor to provide
adequate and suitable insurance for the protection of his employees not otherwise protected. The
_ minimum amount of insurance shall be as follows:
Each Accidem S 100,000
m Disease Each Employee $100,000
Disease Policy Limit S500,000
5.3.2. Commercial General Liability Insurance. Contractor shall take out and maintain
-- during the life of this contract such General Liability Insurance (including explosion, collapses and
underground damage coverage) as shall protect him and an)' subcontractor performing work
covered by this contract, from claims for damages for personal inju~', including accidental death, as
-- well as from claims for property damages, xvhich may arise from operations under this Contract,
including blasting, when blasting is done on or in connection with the work of the project, whether
such operations be by himself or by any subcontractor or by any one directly or indirectly employed
_ bx-' either of them. The minimum amount of insurance shall be as follows:
General Aggregate $1,000,000
Products - Components/
-- Operations Aggregate $1,000,000
Personal and Advertising Injury S600,000
Each Occurrence 5600,000
-- Fire Damage (any one fire) $50.000
Medical Expense (any one person) $5,000
-- SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 3
5.3.3. Automobile LiabiliW Insurance. The Contractor shall take out and maintain during
the life of this contract such Automobile Liabiliv,.' Insurance for o~ed, hired and nonox~ed
vehicles as shall protect him and any subcontractor performing work covered by this contract. The
minimum amount of such insurance shall be as follows:
Combined Bodily Inju-D-'- and
Property Damage $600,000 per occurrence
-- Bodily Injm3: $250,000 per person
Bodily Injury $500,000 per accident
Property Damage $100,000
5.4. Protective Liabili~, Insurance. The contractor shall take out and maintain during the
life of this contract an o~ners protective liability insurance policy. Coverage shall be on an
"occurrence" basis and the policy shall be issued by the same insurance company that carries the
-- contractors liability, insurance. The minimum amount of such insurance shall be as follows:
Combined Bodily Injury $600,000 per occurrence
-- and Property Damage $1,000,000 aggregate
5.5. Proof of Carriage of Insurance. The Contractor shall furnish the City with satisfacto~
proof of carriage of the Insurance required as required by paragraph 5.8. of the General Conditions.
SC-5.6.
-- Amend the first sentence of paragraph 5.6. by deleting the word "OV~.~IER" in the first
sentence and substituting the word "CONTRACTOR".
-- SC-5.7.
Delete this paragraph in its entirety.
SC-5.8.
Amend the first sentence of paragraph 5.8.: (i) by deleting the word "O~¥~ER" in the
-- third line of the first sentence and substituting the word "CONTRACTOR", (ii) by deleting the
word "CONTRACTOR" in the seventh line of the first sentence and substituting the word
"OWNER", and (iii) by deleting the words "paragraphs 5.6. and 5.7." of the third line of the first
-- sentence and substituting the words "paragraph 5.6.".
SC-5.10.
Delete paragraph 5.10. in its entirety and insert the following in lieu thereof:
5.10. If O'~VNER requests in ~xiting that other special insurance be included in the
-- property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost
thereof x~511 be charged to OWNER by appropriate Change Order or Written Amendment. Prior to
commencement of the Work at the site, CONTRACTOR shall in xvxiting advise OV~ER
-- whether or not such other insurance has been procured by CONTRACTOR.
$C-5.11.1.
Arnend paragraph 5.11.1 to delete reference to paragraph 5.7 in the 4th line and delete the
word "OV*:'NER" in the next to last line and substitute the word "CON~I'RACTOR".
SC-5.11.2.
SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 4
Delete paragraph 5.11.2 in its entireD' and insert the following in lieu thereof:
5.11.2 CONTRACTOR intends that any policies provided in response to paragraphs 5.4
-- and 5.6 shall protect all of the parties insured and provide coverage for all losses and damages
caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the
effect that in the event of payment of any loss or damage the insurer will have no rights of recovely
-- against any of the parties named as insured or additional insured, and if such waiver forms are
required of any Subcontractor, CONTRACTOR will obtain the same.
SC-5.12.
.~wnend the first sentence of paragraph 5.12 to delete reference to paragraph 5.7.
-- SC-5.14.
Delete paragraph 5.14. in its entirety and insert the follox~4ng in lieu thereof:
5.14 If OWNER has any objection to the coverage afforded by or other provisions of the
insurance required to be purchased and maintained by CONTRACTOR in accordance x~4th
_ paragraphs 5.3 and 5.4 of on the basis of its not complying ~Sth the Contract Documents, OWNER
shall notify CONTRACTOR in ~xiting thereof within ten days of the date of delivery of such
certificates to OWNER in accordance x~4th paragraph 2.7. Failure by OWNER to give any such
notice of objection within the time provided shall constitute acceptance of such insurance
-- purchased by the CONTRACTOR as complying with the Contract Documents.
SC-5.15.
Amend the first sentence of paragraph 5.15 to delete the word "substantial".
_ ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
SC-6.7.1.
-- Amend the sixth sentence of paragraph 6.7.1 to delete the word "substantial".
SC-6.15.1.
Add the following new paragraph 6.15.1 immediately after paragraph 6.15.:
_ 6.15.1. Recent legislation has removed the sales tax exemption previously provided by
Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for
use in the performance of a contract for the improvement of CiD'-owned reaity.
-- It is still possible, however, for a contractor to make tax-free purchase of tangible personal
property- which will be incorporated into and. become part of a City construction project through the
use of a "separated contract" with the CID'. A "separated contract" is one which separates charges
-- for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of
those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc.
The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are
_ purchased. The contractor then receives an exemption certificate from the City for those materials.
(This procedure ma3' not be used, however, for materials which do not become a part of the
finished product. For example, equipment rentals, form materials, etc. are not considered as
_ becoming "incorporated" into the project).
SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 5
_ Utilization of this "separated contract" approach eliminates the need for bidders to figure in
sales tax for materials which are to be incorporated into the project. The successful bidder's bid
form will be used to develop the "separated contract" and will determine the extent of the tax
exemption. Upon execution of the construction contract, the contractor shall furnish a breakdox~m
-- (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and
materials not incorporated into the project.
-- SC-6.20.
Amend the last sentence of paragraph 6.20 to delete the word "substantial".
ARTICLE 7 - OTHER WORK
SC-7.1
Delete the last sentence of paragraph 7.1 and substitute the following: The ENGINEER
shall coordinate such other work x~4th the CONTRACTOR and schedule events to minimize delay
-- caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR for
such related work except as provided in paragraph 7.5 and Article 12.
_ SC-7.5.
Add the follox~4ng new paragraph immediately after paragraph 7.4.:
-- "SC-.7.5. Should CONTIL~sCTOR cause damage to the work or property of any separate
Contractor at the site, or should any claim arising out of CONTRACTOR's performance of the
Work at the site be made by any separate Contractor against CONTRACTOR, OWNER,
-- ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt
to settle x~4th such other Contractor by agreement, or to otherwise resolve the dispute by arbitration
or at law. CONTRACTOR shall, to the fullest extent permitted by La~ and Regulations,
_ indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against
all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects,
attorneys and other professionals and court and arbitration costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought by any separate Contractor against
-- OVVNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of
CONTRACTOR's performance of the Work. Should a separate Contractor cause damage to the
work or property of CONTRACTOR or should the performance of work by any separate
-- Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action,
legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action
against any of them to be maintained and continued in its name or for its benefit in any court or
_ before any arbiter which seeks to impose liabili~' on or to recover damages from OWNER,
ENGINEER or Consulting Engineer on account of any such damage or claim. If
CON'tRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of
a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of
any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an
extension of time in accordance with Article 12. An extension of the Contract Time shall be
CONTRACTOR's exclusive remedy witti respect to OWNER, ENGINEER and Consulting
-- Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor."
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
SC-9.2.
_ Amend the last sentence of paragraph 9.2. to delete the following: "as an experienced and
qualified design professional".
SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 6
SC-9.10.
Delete Paragraph 9.10 in its entireD- and insert the following in lieu thereof:
9.10. ENGINEER will have authori~r to determine the actual quantities and classifications of
items of Unit Price Work performed by CONTRACTOR, and the wxitten decisions of
-- ENGINEER on such matters will be final, binding on OWNER and CONTRACTOR and not
subject to appeal (except as modified by ENGINEER to reflect changed factual conditions).
Engineer will make determination of actual quantities in accordance xsith Measurement Methods
_ identified for Unit Price Work where such methods are so identified in the Contract Documents.
ARTICLE 11 - CHANGE OF CONTRACT PRICE
Paragraph 11.9.3 is hereby deleted in its entirety and the following, including new
-- paragraph 11.9.3.1 through I 1.9.3.4, is substituted in lieu thereof:
"The unit price of an item of Unit Price Work shall be subject to re-evaluation and
_ adjustment under the following conditions:
11.9.3.1. if the total cost of a particular item of Unit Price Work amounts to 5% or more of
the Contract Price and the variation in the quanti~, of that particular item of Unit Price Work
-- performed by Contractor differs by more than 20%, both over and under, from the estimated
quanti~~ of such item indicated in the Agreement; and
-- 11.9.3.2. if there is no corresponding adjustment with respect to an), other item of Work;
and
11.9.3.3. if CONTRACTOR can demonstrate that it has incurred additional expense as a
result thereof; or
11.9.3.4. if OWNER can demonstrate that the quantity variation entitles it to an adjustment
-- in the unit price, either OV~ER or CONTRACTOR may make a claim for an adjustment in the
Contract Price in accordance with 'Article 11 if the parties are unable to agree as to the effect of any
such variations in the quantity of Unit Price Work performed."
ARTICLE 12 - CI-L~NGES OF CONTRACT TIME
Add the following at the end of paragraph 12.2.: "No extension of the contract time shall be
allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the
-- critical path and that loss of time can not be made up by revising the sequence of the work of the
project."
- .4dilICLE 13 - WARRANTY AND GUARANTEE: TESIS AND INSPECTIONS:
Add the following new paragraph 13.4.1. immediately after paragraph 13.4.:
13.4.1. Observation of the contractor's work to determine compliance with the plans and
specifications will include testing of materials installed on the project. Testing of work performed
SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 7
_ and materials furnished shall be done by a commercial laboratory employed by the Contractor and
acceptable to the Ox, grNER. The Contractor shall furnish, at his ox~ expense, all necessary
specimens for testing of the materials. All materials not conforming to the requirements of the
specifications ~ill be rejected.
ARTICLE 14 - PAYMENTS TO CONTRACTOR .~ll) COMPLETION
Amend to delete all reference to "substantial completion" and replace ~ith "completion".
ARTICLE 16 - ARBITRATION
Delete this article in its entirety.
o0o
SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 8
DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS
SECTION 00640 - LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
_ The City of Coppell is the contracting agency for this construction project. The following statute
requires any contracting agency to specify the generally prevailing rate of wages in contracts that
are bid.
Vernon's Texas Civil Statues - Article 5159a:
-- "Construction of Public Works in State and
Municipal or Policital Subdivions; Prevailing
Wage Rate to be maintained."
Pursuant to the requirements of this statute, the Cit3r of Coppell, has ascertained the following
rates of wages are paid to various classifications of workers in the locality of this project.
Not less than the following hourly rates shall be paid for the various classifications of work
_ required by this project. Workers in classifications where rates are not identified shall be paid
not less than the general prevailing rate of "laborer" for the various classifications of work
therein listed.
Ihe hourly rate for legal holiday and overtime work shall be not less than one and one-half (1 &
1/2) times the base hourly rate.
The rates specified are journeyman rates. Apprentices may be used on the project and max, be
compensated at a rate determined mutually by the worker and employer, commensurate with the
-- experience and skill of the worker, but not at a rate not less than 60% of the journeyman's wage
as showax. At no time shall a journeyman supervise more than one (1) apprentice. All
apprentices shall be under the direct supervision of a journeyman working as a crew.
CLASSIFICATION HOURLY RAIE CLASSIFICATION HOURLY IL~TE
Air Tool Operator $7.554 Concrete Rubber 7.733
Asphalt Raker 8.565 Electrician 12.761
_ Asphalt Shoveler 8.255 Electrician Helper 8.436
Batching Plant Weigher 9.371 Flagger 5.598
Batterboard Setter 8.920 Form Builder - Structures 8.717
-- Carpenter 9.447 Form Builder Helper Structures 7.550
Carpenter Helper 7.695 Form Liner - Paving & Curb 8.913
Concrete Finisher - Paving 9.345 Fo~m Setter - Paving & Curb 8.686
-- Concrete Finisher Helper Paving 8.146 Form Setter Helper Paving
Concrete Finisher- Structures 9.058 & Curb 7.787
Concrete Finisher Helper Form Setter - Structures 8.427
-- Structures 7.494 Form Setter Helper Structures 7.356
SECTION 0640 - LABOR CLASSIFICATION AND MINIMUM PAGE 1
WAGE SCALE
CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE
Laborer - Common $6.402 Front End Loader 2 1/2 C.Y.
Laborer - Utility S7.461 & Less 8.823
Manhole Builder 11.000 Front End Loader Over 2 1/2 C.Y. 9.311
Mechanic 10.658 Hoist - Double Drum 8.917
Mechanic Helper 8.345 Milling Machine Operator 6.650
-- Oiler 8.698 Mixer (over 16 C.F.) 9.000
Servicer 8.104 Mixer (16 C.F. & Less) 7.913
Painter - Structures 10.913 Mixer - Concrete Paving 9.500
-- Painter Helper Structures 8.000 Motor Grader Operator Fine Grade 10.346
Piledriver 7.500 Motor Grade Operator 9.891
Piledriver Helper 7.000 Pavement Marking Machine 6.402
-- Pipe Layer 8.509 Roller, Steel Wheel Plant - Mix
Pipe Layer Helper 7.037 Pavements 8.339
Blaster 11.333 Roller, Steel Wheel Other Flatwheel
Blaster Helper 7.250 or Tamping 7.963
Asphalt Distributor Operator 8.404 Roller, Pneumatic, Self-Propelled 7.403
_ Asphalt Paving Machine 9.053 Scraper - 17 C.Y. & Less 8.138
Broom or Sweeper Operator 7.908 Scraper - Over 17 C.Y. 8.205
Bulldozer, 150 HP & Less 8.703 Tractor - Crawler Type 150 HP
-- Bulldozer, Over 150 HP 9.160 & Less 8.448
Concrete Paving Curing Machine 8.213 Tractor - Crawler Type Over
Concrete Paving Finishing 150 HP 8.448
-- Machine 9.453 Tractor - Pneumatic 7.735
Concrete Paving Form Grader 8.500 Traveling Mixer 7.615
Concrete Paving Joint Machine 9.042 Trenching Machine - Light 8.188
-- Concrete Paving Joint Sealer 7.350 Trenching Machine - Heavy 12.498
Concrete Paving Saw 9.290 Post Hole Driller Operator 9.000
Concrete Paving Spreader 9.750 Wagon - Drill, Boring Machine 9.000
-- Paving Sub-Grader 9.000 Reinforcing Steel Setter Paving 9.218
Slipform Machine Operator 9.000 Reinforcing Steel Setter Structures 11.548
Crane, Clamshell, Backhoe, Reinforcing Steel Setter Helper 8.665
Derrick, Dragline, Shovel Less Steel Worker - Structural 12.860
Than 1 1/2 C.Y. 9.513 Sign Erector I 1.436
_ Crane, Clamshell, Backhoe, Sign Erector Helper 6.402
Derrick, Dragline, Shovel Spreader Box Operator 6.988
1 1/2 C.Y. & Over 10.517 Barricade Servicer Zone Work 6.402
_ Fo,m Loader 12.000 Mounted Sign Installer Permanent
Foundation Drill Operator Ground 6.402
Crawler Mounted 10.000 Track Driver - Single Axle Light 7.465
-- Foundation Drill Operator Truck Driver - Single Axle Heavy 8.067
Truck Mounted 11.138 Truck Driver - Winch 8.200
Foundation Drill Operator Vibrator Operator 7.000
-- Helper Trucl~Crawer 8.688 Welder 10.459
Welder Helper 9.000
SECTION 0640 - LABOR CLASSIFICATION AND MINIMUM PAGE 2
WAGE SCALE
- DIVISION 1 - GENERAL REQUIREMENTS
_ DIVISION 1 - GENEILAL REQUIREMENTS
SECTION 01001 - GENERAL PROJECT REQUIREMENTS
-- PART I - GENERAL
1.1 General: The provisions of this section of the Specifications shall govern in the event of
-- any conflict between them and the "General Conditions of Agreement" or "Supplemental General
Conditions".
_ 1.2 Owner: The "O~xaaer" as referred to in these Specifications is the Ci~' of Coppell. 255
Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019.
1.3 Non-Compensated Project Manager: The "Project Manager" for this project shall be
-- Catellus Development Corporation, 4545 Fuller Drive, Suite 100, Irving, Texas 75038 and their
Project Engineer HalffAssociates, Inc., 8616 Northwest Plaza Drive, Dallas, Texas, 75225.
-- It is understood and agreed that City and Catellus will be working closely in connection
x~4th this project, however, to the extent this section calls, contracts or approves, any matter, such
shall be required of City only to the extent and in the manner authorized by law. Ihe following
_ shall define the scope of the non-compensated project manager.
A. Bidding Phase: In compliance with standard municipal requirements, the Ci~'
shall advertise the Project for bidding. Catellus, representing the City, will
-- distribute bid packages (including Contract Documents, Plans and Specifications)
from the offices of Halff Associates, Inc. Bids will be received in a public opening,
at Coppell CiB; Hall, by Catellus and City staff. After the public opening of bids,
-- Catellus and the City will, in closed meetings, simultaneously review the bids and
will mutually select the Contractor to whom the Project will be awarded. Catellus
will work with the successful Contractor and will review Contract Documents with
_ the successful Contractor, in compliance with all municipal requirements. Upon
final approval and award of the Contracts by the City, the Project x~511 be ready for
construction.
-- B. Construction Phase: Catellus shall employ Halff Associates, Inc. to serve as
Project Engineer for the Project, as required, for the Project. Catellus shall schedule
and' manage preconstmction and weekly construction progress meetings between
-- Project Engineer and Contractor. Catellus shall provide x~zitten progress reports to
the City on a bi-weekly basis. Catellus shall obtain all progress lien waivers from
Contractor and shall review and approve all progress pay requests submitted by the
_ Contractor and Project Engineer and shall submit these requests for payment bi' the
City. Payment checks shall be forwarded to Catellus for deliver5,' to the Project
Engineer and Contractor. Catellus shall review and approve any requested change
_ orders or field changes and shall submit them for approval and payment by the Ci~'.
Upon completion of construction of the Project, Catellus shall approve Project
construction, shall obtain final lien waivers from the Coutractor. shall obtain final
pay requests and shall submit pay requests to the City for approval and payment.
C. The City's obligations and responsibilities, as related to the Project, are as follows:
-- 1. Desien Phase: The City shall review and approve Project Design Plans and
Specifications. as submitted by Cateilus.
_ SECTION 01001 - GENE1L&L PROJECT REQUIREMENTS PAGE 1
!
2. Bidding Phase: The City shall accompany Catellus in the receiving,
I opening and recording of bids and shall review the bid submittals and select
the successful Contractors with Catellus.
I 3. Construction Phase: The City shall accept, review and file all Project
progress reports, inspection reports and testing results. The City shall
review and approve all progress payment requests and shall submit payment
I approval to NationsBank lmst Department for payment in a timely manner.
Ihe City shall review and approve change orders or field changes submitted
for approval by Catellus. Any change orders or field changes up to
i $15,000.00 will be approved by City Staff. Any change orders or field
changes exceeding $15,000.00 will require the approval of Ci~' Council.
The City shall review and approve the final pay requests and obtain, in a
timely manner, the City Councirs approval of the final payment and shall
I then submit payment approval to NationsBank for payment in a timely
manner. The City may, at any time, attend construction meetings or inspect
the work, but the City shall not without cause, delay the progress of the
I Project.
1.4 Project Engineer: The "Project Engineer" as referred to in these Specifications is Halff
i Associates, Inc., 8616 Northwest PlaT~ Drive. Dallas, Texas, 75225.
1.5 Engineer: The "Engineer" as referred to in these Specifications is the City of Coppell, 255
Parkway Boulevard, P.O. Box 478, Coppell, Iexas 75019.
1.6 Site: The Contractor shall limit his work to the area shown on the Project Drawings as
within the street right-of-way and utility easements. Entrance onto private property shall be at the
I expressed approval of the City Engineer only and the Non-Compensated Project Manager.
1.7 Project Description: This Contract consists of construction of drainage improvements and
i other miscellaneous improvements as sho~ in the construction documents.
Completion for this project will include removal of all objectionable rocks, pieces of asphalt
or concrete and other construction materials, and in general preparing the site of the work in an
I orderly manner and appearance, completion of any other work required by the Contract Documents,
and acceptance by the City of Coppell, Iexas, and the Non-Compensated Project Manager.
I 1.8 Working Day Count: Working days shall be counted by the Engineer on the basis of the
definition set out in the General Conditions of Agreement.
! · The working day count shall be suspended upon receipt by the Engineer ofa x~xitten request
!
tbr final inspection. The working da)' count shall resume upon receipt by the Contractor of a
written list of items necessary to satisfactorily complete the project. This process shall continue
until such time as the project is accepted by.- the Engineer and the Non-Compensated Project
Manager.
1.9 Failure to Complete Work on Time: Ihe time set forth in the Contract for the completion
I of work is an essential element of the Contract. A Breach of Contract as to completion time of each
working da)' count bid will cause damage to the Oxxner. but such damages cannot be measured and
the ascertainment will be difficult. Therefore, for each and eve~- calendar day any work, or any
iportion thereofi shall remain uncompleted after the expiration of the time limit set under this
contract, or as extended by the Owner, the amount of $240.00 per calendar day (unless otherwise
specified in the General Conditions) will be deducted from the money due or become due to the
Contract. not as a penalty, but as liquidated damages, and added expense including administrative
I
SECTION 01001 - GENERAE PROJECT REQUIREMENTS PAGE 2
I
/
and inspection costs.
1.10 Safety Precautions: The Contractor shall comply with all applicable laws including the
Occupational Safety and Health Act of 1970, ordinances, mles, regulations and orders of any public
authority having jurisdiction for the safety of persons or property to protect them from damage,
injuD', or loss. He shall erect and maintain, as required by existing conditions and progress of the
work, all reasonable safeguards for safety and protection, including posting danger signs and other
warnings against hazards, promulgating safe~' regulations and notify4ng o~ers and users of
adjacent utilities.
_ 1.11 Soil Investigation: A copy of the geotechnical report prepared for the project is included in
the Appendix. The Owner does not represent that the available records show completely the
existing conditions and does not guarantee any interpretations of these records. The Contractor
assumes all responsibili~: for interpretations of these records and for making conclusions as to the
nature of materials to be excavated, the difficulties of making and maintaining the required
excavations and of doing other work affected by the geology of the site.
1.12 Finished Grades: The Contractor shall be responsible for grading to plus or minus 0.10-
foot to conditions existing prior to beginning construction.
__. 1.13 Conformity with Drawings: All work shall conform to the lines, grades, cross-sections,
and dimensions shovm on the Dra~ings. zaday deviation from the Drawings which may be required
by the exigencies of construction will be determined by the Engineer and authorized by him in
x~xiting.
1.14 Stop Work Order: If the work should be stopped or suspended under any order of the
court, or other public authority, the Oxxaaer may at any time during suspension, upon seven days
x~xitten notice to the Contractor, terminate the Contract. In such an event, the O~er shall be liable
only for payment for all work completed plus a reasonable cost for any expenses resulting from the
termination of the Contract, but such expenses shall not exceed $5,000.
1.15 Warning Devices: The Contractor shall have the responsibility for providing and
maintaining all warning devices and take all precautionary measures required by law to protect
_ persons and property xvhile said persons or property are approaching, leaving or within the work
site or an5: area adjacent to said work site. No separate compensation xx411 be paid to the Contractor
for the installation or maintenance of an)' warning devices, barricades, lights, signs or any other
precautionary measures required by law for the protection of persons or property.
The Contractor shall assume all duties owed by the appropriate City to the general public in
connection with the general public's immediate approach to and travel through the work site and
-- area adjacent to said work site.
x,~nere the work is carried on, in, or adjacent to, any street, alley, sidewalk, public
_ right-of-way or public place, the Contractor shall at his o~ cost and expense provide such flagmen
and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and
other precautionary measures for the protection of persons or property as are required by law. The
Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices,
-- barricades, signs, and lights, and other precautionary measures shall not cease until the project shall
have been accepted.
SECTION 01001 - GENEtL&L PROJECT REQUIREMENTS PAGE 3
If the Engineer discovers that the Contractor has failed to comply with the applicable
-- federal and state law (by failing to fumish the necessary flagmen? warning devices, barricades,
lights, signs or other precautionary measures for the protection of persons or propem.-'), the
Engineer may order such additional precautionary measures as required by law to be taken to
-- protect persons and propem..:, and to be reimbursed by the Contractor for any expense incurred in
ordering such additional precautionary measures.
In addition, the Contractor will be held responsible for all damages to the work and other
public or private property due to the failure of waming devices, barricades, signs, lights, or other
precautionary measures in protecting said property, and whenever evidence is found of such
damage, the Engineer may order the damaged portion immediately removed and replaced by and at
the cost and expense of the Contractor. All of this work is considered incidental and shall not be a
separate pay item.
-- The Contractor and his sureties shall indemnify, defend and save harmless the Owner and
the Non-Compensated Project Manager and all of its officers, agents and employees from all suits,
actions or claims of any character, name and description brought for or on account of any injuries
-- or damages received or sustained by any person, persons or properg,,~ on account of the operations of
the Contractor, his agents, employees or subcontractors; or on account of an)' negligent act or fault
of the Contractor, his agents, employees or subcontractors in the execution of said contract; or on
account of the failure of the Contractor to provide the necessary barricades, warning lights or signs;
and shall be required to pay any judgment, with cost which may be obtained against the Owner
anWor the Non-Compensated Project Manager growing out of such injuD' or damage.
-- 1.16 Existing Utilities. Structures and Other Property:
a. Prior to any excavation, the Contractor shall determine the locations of all existing
-- water, gas, sewer, electric, telephone, telegraph, television, and other underground
utilities and structures.
b. After commencing the work, use eyeD' precaution to avoid interferences with
existing underground and surface utilities and structures, and protect them from
damage.
-- c. Where the locations of existing underground and surface utilities and structures are
indicated, these locations are generally approximate, and all items which may be
encountered during the work are not necessarily indicated. The Contractor shall
-- determine the exact locations of all items indicated, and the existence and locations
of all items not indicated.
d. The Contractor shall repair or pay for all damage caused by his operations to all
existing utilities, public property, and private property, whether it is below ground
or above ground, and he shall settle in total cost of all damage suits which may arise
as a result of his operations.
e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all
utility removals, replacements and construction with the appropriate utility'
-- company.
1.17 Drainage: The Contractor shall maintain adequate drainage at all times.
1.18 Insurance: The Contractor shall not commence work under this Contract until he has
obtained all the insurance required hereunder and such insurance has been filed with and approved
by the Non-Compensated Project Manager and the Oxsaaer. Approval of the insurance by the Non-
- Compensated Project Manager and the Owner shall not relieve or decrease the liability of the
SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 4
Contractor.
Before commencing the work, the Contractor shall furnish the Owner with a Certificate of
Insurance showing the company or companies carrying the aforesaid coverages with the effective
-- date and expiration date of said policies. Certificates shall provide that Owner be given not less
than fifteen (15) days xwitten notice of any cancellation or changes that affect the coverage. If the
expiration date of such insurance occurs during the term of the Contract. renewal Certificates shall
_ be furnished not less than fifteen (15) days before such expiration date.
1.19 Permits: The Contractor shall, at his expense, secure all permits required for the
completing of the improvement under this project, including but not limited to a NPDES permit.
Note: The 2% construction permitting, inspection fee required by the City of Coppell does not
apply to this project.
-- 1.20 Ambiguity: In case of ambiguity or lack of cleamess in-stating prices-in the Proposal, the
Oxnner reserves the right to adopt the most advantageous construction thereof to the Ox~aaer or to
reject the Proposal.
1.21 Governing Documents: This work shall conform to the requirements of these
Specifications and the details as shown on the Drawings. Ihese Contract Documents are intended
to be complementa_D:'. Requirements of any of the Contract Documents are as binding as if called
for by all. In the event of conflict between the Drawings and the Specifications, the Contractor x~'ill
be deemed to have assumed the more expensive xvay of doing the work unless, before submitting a
bid, the Contractor shall have asked for and obtained (by addendum) a decision as to which method
-- or material is intended.
All work shall conform to the Ci~' of Coppell Standards and Specifications. The North
-- Central Texas Council of Governments (N.C.T.C.O.G.) Standard Specifications for Public Works
Construction are the governing specifications for this contract and are applicable in all cases except
as noted herein and as amended by the City of Coppell, Texas, and by Halff Associates, Inc. in the
_ Special Provisions to Standard Specifications for Public Works Construction contained herein.
Where N.C.T.C.O.G. Standard Specifications do not adequately describe material methods
of construction, an&:or workmanship, the appropriate Ci~' Standard Specifications shall govern.
The Contractor shall provide a copy of N.C.T.C.O.G. Standard Specifications to be kept on
the project site at all times.
1.22 Nondiscrimination: Ihe Contractor shall not discriminate against any employee or
applicant for employment because of race, age, color, religion, sex, ancestry, national origin, or
_ place of birth. The Contractor shall take affirmative action to ensure that applicants are employed.
and that employees are treated during emplosment, without regard to their race, age, color, religion,
sex, ancestD,, national origin or place of birth. This action shall include, but not be limited to, the
following: employment, upgrading, demotion or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants, notices to be provided by the Owner
setting forth the conditions of this nondiscrimination clause.
The Contractor shall in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
_ employment without regard to race, color, religion, sex, age, ancestD', national origin, or place of
birth.
SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 5
'[he Contractor shall furnish all information and reports required by the Ox~ner or his
designee to investigate his payroll and personnel records which pertain to current construction
contracts x~fth the Ox~er for purposes of ascertaining compliance with this equal employment
opportunity clause.
Ihe Contractor shall file compliance reports with the Engineer as may be required bv the
Non-Compensated Project Manager and'or the Ox~aaer or their agents or assigns. Compliance
-- reports must be filed within the time, must contain information as to the employment practices,
policies, programs, and statistics of the Contractor, and must be in the form that the Ox~er or his
designee prescribes.
If the Contractor fails to comply with the equal employment opportunity conditions of this
contract, it is agreed that the Ox~er, at its option, may do either or both of the following:
-- a. Cancel, terminate, or suspend the contract in whole or in part; · -
b. Declare the Contractor ineligible for further contract until he is determined to be in
-- comnliance.
1.23 Subsidiary Work: Any and all work specifically governed by documentary requirements
-- for the project, such as conditions imposed by the Plans, the General Conditions, Supplemental
General Conditions, or these Special Conditions, in which no specific item for bid has been
provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which
_ shall be included in the price bid in the Proposal, for each bid item. Surface restoration and
clean-up are general items of work which fall in the category of subsidiary work.
1.24 Release of Lien: The Contractor shall be required to execute mechanics and materialmen's
-- lien releases upon receipt of payments.
1.25 Payment: Payment will be made for work completed on a monthly basis. The Contractor
-- shall submit monthly payment requests in a detailed Item by Item format satisfactory to the
Engineer (see Appendix B). Five percent (5%) will be retained until all work under the Contract is
completed and accepted by Engineer, Non-Compensated Project Manager and Ox~mer. Only after
_ final completion and acceptance will the final estimate be submitted and final payment be made.
1.26 Project Record Documents:
-- a. Description
The Contractor shall maintain at the site for the Owner's permanent records one
-- copy of:
1. Drawings
_ 2. Specifications
3. Addenda
4. Change Orders and other Modifications to the Contract
5. Shop Drawings, Product Data and Samples
-- 6. Field Test Records
7. City of Coppell Standard Details
-- b. Maintenance of Documents and Samples
1. Documents and samples shall be stored in Contractor's field office apart
_ from documents used for construction.
SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 6
2. Documents shall be maintained in a clean, dD', legible condition and in good
order. Record documents shall not be used for construction purposes.
3. Documents and samples shall be made available at all times for inspection
-- by the Owner.
c. Recording
1. Each document shall be labeled "PROJECT RECORD" in neat, large
printed letters.
2. Information shall be recorded concurrently with construction progress.
a. No work shall be concealed until required information is recorded.
3. Draxvings shall be legibly marked to record actual construction as follows:
-- a. Depths of various elements of foundation in relation to finish slab
datum.
b. Location of appurtenances concealed in the construction, referenced
_ to visible and accessible features of the structure.
c. Changes of dimensions and detail.
d. Changes made by Change Order.
e. Details not on original contract drax~Sngs.
4. Each specification and addenda section shall be legibly marked to record:
-- a. Manufacturer, trade name, catalog number and supplier of each
product and item of equipment actually installed.
b. Changes made by Field Order or by Change Order.
d. Submittals
1. At Contract close-out, Record Documents shall be delivered to Oxx~er.
2. Submittals shall be accompanied with transmittal letters in duplicate,
containing:
a. Date
b. Project title and number
c. Contractor's name and address
d. Title and number of each Record Document
e. Signature of Contractor or his authorized representative
-- 1.27 Project Field Office: The Project Field Office shall be established at a location to be
selected by the Contractor. Location of the field office shall be approved by Owner, and a permit
from the (~ity of Coppell Building Inspections must be obtained prior to move-in. A Project Field
-- Office is not required for this contract.
1.28 Utilities for Construction: All utilities required for construction will be furnished by the
_ Contractor at his ox~ expense.
1.29 Work on Saturdays, Sundavs& Holidays: When work must be performed on these days
the Contractor must request permission to work to the Engineer at least 48 hours in advance. Tire
-- Contractor shall bear the entire cost of inspection (4 hour minimum'} for this work with said amount
SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 7
to be withheld from anv monies to be due or to become due to the Contractor upon completion of
-- this contract. Any additional costs associated with working on these days shall be borne by the
Contractor. No work will be allowed on Sundays.
-- 1.30 Material Storage: Materials may be stockpiled on site at locations approved by the O~er
and the Non-Compensated Project Manager. The storage site shall be determined at the pre-
construction meeting after the award of contract.
The Contractor shall be fully and legally responsible for safeguarding materials within the
storage site. The Contractor and his sureties shall indemni$', defend and save harmless the Ox~aner
and the Non-Compensated Project Manager and all of their officers, agents and employees from all
suits, actions or claims of any character, name and description brought for or on account of any loss
at this location.
-- Before an,',' flammable liquids or fuel is-transported into the City or stored within the Cits..'
limits, the Contractor shall contact the respective City Fire Marshall for any applicable regulations.
-- If necessitated, Contractor. at his expense, shall erect a temporary fence and store materials
inside of the fenced area.
The Contractor shall maintain the storage area in a neat and orderly manner. Prior to final
acceptance of the project by.' the owner the areas used for storing petroleum products on any area
where spills may have occurred will be inspected by owners representative to determine if testing
for Total Petroleum Hydrocarbon (T.P.H.) is necessary.
T.P.H. in excess of 100 mg,'kg (ppm) shall be excavated and disposed of in accordance with
applicable state and Federal Regulations at the Contractor's expense. Soil testing to determine
-- compliance will be performed by the O~er at the Contractor's expense.
1.31 Debris Maintenance: The Contractor at all times shall keep the construction site free from
_ accumulation of waste materials, rubbish, debris, etc. caused by his operations. Waste materials,
rubbish, debris, etc. shall be cleaned up daily and removed from the project site at least once a
week. No payment will be made for this work, its cost being subsidiary to the entire project.
-- 1.32 Disposal of Waste and Surplus Excavation: All waste materials removed during
construction, including but not limited to old pavement, subgrade material, trees, shrubs and other
debris, unless otherwise noted will become the property of the Contractor and be disposed of offsite
-- by him at his ox~ expense.
1.33 Temporary Use of Materials: No material which has been used by the Contractor for any
_ temporary purpose whatever is to be incorporated in the completed work xx4thout written consent of
the O~er.
1.34 Preservation of Trees: Permission of the Engineer must be obtained for removal of trees
on the property that obstruct the grading or other improvements as outlined in this project. When
requested, the Engineer will mark the trees to be saved. Penalty for destruction of a tree without
permission shall be $500.00 each, payable to the Owxaer. If damage is continuous, tree guards shall
-- be erected when so directed by the Engineer at the Contractor's expense.
1.35 Temporary Erosion Control: A Storm Water Pollution Prevention Plan (SWP3) for this
-- construction project will be prepared by the Contractor as required under 40CFR Part 122, as
amended, under the authority of the Clean Water Act, 33 U.S.C. 1251 et seq. This section requires
a permit for construction activities including clearing, grading and excavation that disturbs five
_ acres or more of total land area or is part of a larger development plan. The Contractor will be
required to submit a Notice of Intent .0NOI) as a co-permittee with the City of Coppell at least two
SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 8
_ (2) days prior to the commencement of construction.
The Contractor shall provide on the plan measures to control soil erosion, sediment and
water pollution created by construction operations during the duration of the contract. At a
-- minimum, the Contractor shall divert off-site flows around the construction area or construct and
maintain hay bales and/or silt fences around all erodible stockpiles such as excavated material,
topsoil stockpiles, sand and embedment stockpiles. The Contractor shall not allow petroleum
-- products to be discharged onto the ground or any surface where it will eventually be washed into
the storm sewer system. Storm Water Pollution Prevention means and methods shall conform to
the requirements of the NCTCOG manual Storm Water Qualio, Best Management Practices for
-- Construction Activities, First Edition, February 1993 and the Standard Specifications.
No payment will be made for this work, its cost being subsidiaiy to the entire project.
_ Trapped silt will be removed when it reaches a depth of six inches. Maintenance of the erosion
control device includes replacement as directed by the Engineer at no additional cost to the City.
All equipment, materials and labor necessary to control soil erosion for this contract shall be
subsidiary to the entire project.
PART Il - MATERIALS
-- Not applicable
PART III - INSTALLATION
Not applicable
PART IV - PAYMENT
4.1 Payment for the work described in this section shall be made only if their is a specific item
for payment provided in the Contractor's proposal. All other work sh~l be considered incidental
-- and subsidiao-' to the various bid items and payments made under specific pa)' items shall be
considered as full compensation for these requirements.
_ o0o
__ SECTION 01001 - GENEKAL PROJECT REQUIREMENTS PAGE 9
DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01104 - PROTECTION OF THE ENVIRONMENT
PART 1 - GENERAL
-- 1.1 GENERAL:
A. The conditions of the contract, and other applicable requirements of Division I -
-- General Requirements, apply to these requirements.
B. Reference Section 01563 for erosion control and NPDES permitting requirements.
1.2 SCOPE OF WORK:
-- A. The Contractor in executing the ~vork, shall maintain all work areas on and offthe
site free from environmental pollution that would be in violation of any federal,
state, or local regulations.
1.3 PROTECTION OF STORM DRAINAGE AND SEWER SYSTEM:
A. Take adequate measures to prevent the impairmem of the operation of the existing
storm drainage and sewer systems. Prevent construction materials, concrete,
earth, or other debris from entering any storm drainage and sexver system. All
-- storm or sewage flow imerfering with construction and requiring diversion shall
be diverted by the Contractor to a point acceptable to the O~ner.
1.4 PROTECTION OF WATERWAYS:
A. The Contractor shall observe the rules and regulations of the State of Texas and
agencies of the U.S. Oovemment prohibiting the pollution of any lake, stream,
river, or wetland by the dumping of any refuse, rubbish, dredge material, or debris
therein.
B. Contractors are specifically cautioned that disposal of materials into any waters of
the State must conform with City of Coppell, State of Texas, and applicable
-- Federal requirements.
C. The Contractor shall be responsible for providing an approved method which will
handle, carry' through, or divert around his work all flows, including storm flows
and flows created by construction activity, so as to prevent erosion resulting in
silting of waterways or flooding damage to the property. Suggested methods for
erosion control are sho~aa in the Drawings. Submit a Sediment and Erosion
-- Control Plan and a Store. Water Pollution Prevention Plan (SWP3) for Owner's
approval prior to beginning work. Reference Section 01563 for erosion control
and NPDES permitting requirements.
SECTION 01104 - PROTECTION OF THE ENVIRONMENT PAGE 1
D. The Contractor shall comply with the procedures outlined in the U.S.
Environmental Protection Agency manuals entitled "Guidelines for Erosion and
_ Sedimentation Control Planning and Implementation" and "Processes, Procedures
and Methods to Control Pollution Resulting from All Construction Activity."
-- 1.5 DISPOSAL OF WASTE MATERIAL:
A. The Contractor shall make his oxx~n arrangements for disposal of waste materials
-- subject to submission of proof to the O~ner that owner(s) of the proposed site(s)
has a valid fill permit issued by the appropriate governmental agency and
submission of a haul mute plan including a map of the proposed route(s).
B. Unacceptable disposal sites include, but are not limited to, sites which have a
detrimental effect on surface water or groundwater quality.
C. Ihe Ox~mer, at his discretion, may suspend operation of the Contractor for alleged
non-compliance with Texas Natural Resources Conservation Commission
(INRCC) or the Environmental Protection Agency (EPA) regulations.
1.6 PROTECTION OF AIR QUALITY:
A. Air pollution shall be minimized by wetting do~a bare soils during windy
periods, or as requested by Owner; by requiring the use of properly operating
combustion emission control devices on construction vehicles and equipment used
-- by Contractor; and by encouraging the shutdo~ of motorized equipment not
actually in use.
-- B. Trash burning ~511 not be permitted on the construction site.
C. If tempora_D..' heating devices are necessary for protection of the work, such
_ devices shall be of a ~'pe that will not cause pollution of the air.
1.7 USE OF CHEMICALS:
A. All chemicals used during project construction or furnished for project operation,
whether herbicide, pesticide, disinfectant, reactant or of other classification, must
-- show approval of either the U.S. Environmental Protection Agency or the U.S.
Department of Agriculture, or any other applicable regulatoD~ agency. Use of all
such chemicals and disposal of residues shall be in conformance with the
_ manufacturer's instructions. Petroleum products shall be identified and stored in
safety approved containers.
-- 1.8 NOISE AND DUST CONTROL:
A. The Contractor shall so conduct all his operations that they will cause the least
-- annoyance to the residents in the vicinity of the work, and shall comply with all
applicable local ordinances. The compressors, hoists, and other apparatus shall be
equipped with such mechanical devices as may be necessary to minimize noise
_ and dust. Compressors shall be equipped with silencers on intake lines. All
__ SECTION 01104 - PROTECTION OF THE ENVIRONMENT PAGE 2
gasoline or oil operated equipment shall be equipped with silencers or mufflers on
intake and exhaust lines. Storage bins and hoppers shall be lined with material
_ that will deaden the sounds if directed by the Owner.
B. The operation of dumping materials and of carD-'ing materials away in tracks shall
be so conducted as to cause a minimum of noise and dust. Vehicles carrying
-- sands, dirt, rock, concrete, or other material shall be routed over such streets as
will cause the least annoyance to the public and shall not be operated on public
streets between the hours of 6:00 p.m and 7:00 a.m., or on Saturdays, Sundays or
-- legal holidays unless approved by the Owner and the City of Dallas.
C. All unpaved streets, roads, detours, or haul roads used in the construction area
-- shall be given an approved dust-prevention treatment or periodically watered to
prevent dust. Applicable environmental regulations for dust prevention shall be
strictly enforced.
D. Dust prevention treatment shall be performed to the satisfaction of the Owmer.
-- 1.9 MAINTENANCE AREA:
A. Concrete pad with area for oil changes and maintenance is required.
B. Fuel storage areas will be protected from external flooding and internal spillage
by berm.
-- C. If required for additional erosion control, wash area for trucks shall be maintained
in conjunction with stabilized construction entrance. Reference Section 01563
and Drawings for description of stabilized construction entrance.
PART 2 - PRODUCTS
Not applicable.
PART 3 - EXECUTION
Not applicable.
oOo
SECTION 01104 - PROTECTION OF THE ENVIRONMENT PAGE 3
DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01300 - SUBMITTALS
-- PARTI-GENERAL
1.0 General: PART A GENERAL PROVISOINS AND SUPPLEMENTARY
-- CONDITOINS and applicable requirements of PART C, DIVISION 1 GENERAL
REQUIREMENIS are hereby made a part of this section.
1.1 Scope: This section shall govem for the control and presentation of all submittals required
for review or approval by the Engineer.
1.2 References:
A. Related Contract Documents.
PARTII - PRODUCTS
Not applicable
PARTIII - EXECLrrION
-- 3.0 GENERAL: The approval or review of submittals shall not be construed as permitting
any departure from the contract requirements and shall not relieve the Contractor of the
responsibiliD~ for any errors including details, dimensions and materials.
Six copies of all submittals will be required. Each submittal shall be sent with a transmittal
letter, in duplicate, containing:
-- A. Date.
B. Project title and number.
C. Contractor's name and address.
-- D. Notification of deviations from Contract Documems.
E. Other pertinent data.
_ Drax~4ngs shall be prepared on sheets measuring 24" by 36". The martin at the left end
shall be 0.5" wide and the others 0.5". Each sheet shall have a title in the lower righthand comer.
The title shall include the sheet index data shox~m on the lower righthand comer of the project plans,
sheet numbering for the Shop Dra~fngs, name of structure, name of fabricator, subcontractor
- and/or the name of the Contractor.
Preparation and submission of Drawings may be on 12" by 18" sheets, or full-size
- Drawings may be reduced to half scale size, if they are completely clear and legible.
Design calculations shall be on 8.5" by 11" sheets identified x~4th a cover page and
_ provided a4th an index.
The Contractor shall make submittals sufficiently in advance of construction requiremems
to permit no less than 30 calendar days for checking and appropriate action by the Engineer.
-- Submittals shall be approved in ~witing by the Engineer prior to releasing work for fabrication.
SECTION 01300 - SUBMITTALS PAGE 1
3.1 WORK PLANS: The Contractor shall submit a work plan to the Engineer prior to the
-- start of the work describing construction methods and work procedures to be utilized in
construction. Details shall include, but are not limited to the following: tunneling equipment,
mining equipment, concreting equipment, hoisting plant, tunnel and underground excavation,
_ ventilation, lighting, staging operations in open cuts and tunnels, breakout methods, method of
controlling line and grade of excavation and lining.
3.2 SHOP I)RAWINGS: The Contractor shall prepare and submit detailed Shop Drax~4ngs
-- and pertinent descriptions and data for all items to be incorporated into the finished work.
Drax~Sngs and calculations shall be checked by and bear the stamp of a Professional Engineer
registered in the State of Texas.
3.3 WORKING l)RAWINGS: The Contractor shall submit working Dra~vings, reports and
descriptions showing facilities, methods, procedures and equipment designed by the Contractor to
-- be used but not incorporated into the finished work, including but not limited to tunnel formwork,
temporary enclosures and altemate constmction and/or installation procedures the Contractor
proposes to utilize or such procedures as required by the plans and specifications.
3.4 PRODUCT DATA: The Contractor shall submit manufacturer's product data modified to
delete information not applicable to the project and supplemented with additional information as
required.
3.5 DESIGN CALCULATIONS: Design calculations and procedures including but not
limited to alternate construction and/or proposed or required installation methods, design of
_ structural connections unless sho~aa on the plans, conduit hangers, fasteners and control of
groundwater systems design including flow rates and pumping rates, shall be submitted, signed and
sealed by a Professional Engineer registered in the State of Texas.
-- 3.6 SAMPLES: Samples shall be submitted to the Engineer for inspection and testing as
specified.
-- 3.7 CERTIFICATES AND REPORTS: Submit certificates and reports to demonstrate
proof of compliance ~ith requirements specified in the specifications.
_ PART IV - MEASUREMENT AND PAYMENT
4.0 MEASUREMENT AND PA¥..'MENT: No direct measurement or payment xdll be made
for ~vork to be done under this item, but shall be considered subsidiary to the particular items
required by the plans and the contract.
o0o
SECTION' 01300 - SUBMITTALS PAGE 2
DIVISION 1 - GENERAL REQUIREMENTS
_ SECTION 01401 - TESTING LABOILZ. TORY SERVICE
PART I - GENERAL
-- 1.0 THE GENEIL4.L CONDITIONS, SUPPLEMENTARY CONDITIONS, and applicable
requirements of DIVISION 1 - GENEIL4L REQUIREMENTS are hereby made a part of this
Section.
1.1 SCOPE: This section covers the furnishing of all labor, materials, and equipment required
to perform laboratoD' testing.
1.2 SELECTION, EMPLOYMENT, AND PAYMENT: An independent laboratory will be
selected by the Contractor with approval of the NON-COMPENSATED PROJECT MA.gqAGER,
the O~,¥~ER and ENGINEER. The Contractor will pay all costs of testing laboratoD' services.
1.3 REPORTS: The testing laboratory shall send copies of the reports to the following:
-- 1. PROJECT ENGINEER i cop3'
2. CONTRACTOR I cop3'
3. O x,k-"2NE R 1 copy
-- 4. RECORD 1 cop3'
1.4 RELATED DOCUMENTS: This Section is intended to be complimentary to the
_ N.C.T.C.O.G. Standard Specifications for Public Works Construction.
PART II - MATERIALS
-- 2.1 In the event certain materials of construction do not measure up to the required standards or
certain performance obligations are not met, the defective material and/or work shall be removed
and replaced and all subsequent testing and related work necessitated by the replacement shall be
-- paid by the party responsible.
2.2 The Contractor shall provide a concrete design for the Engineer's approval.
PART III - INSTALLATION
3.1 CONCRETE: The number of 6-inch test cylinders and test schedules for concrete to be
-- tested for compressive strength, shall be specified by the Standard Specifications for Public Works
Construction for North Central Texas under Item 5.8.6 and Item 7.4.5, unless otherwise directed by
ENGINEER. Cylinders shall be made and cured, as prescribed by ASTM C31-84, and broken as
-- prescribed by ASTM C39-84, or the latest revisions thereof, unless otherwise shown in the
specifications.
_ The CON'I'RACTOR ma5' have other cylinders or beams made, at his expense, to determine
concrete strength for form removal.
3.2 FILL COMPACTION: The testing laboratoD' x¥ill make tests of in-place density in
-- accordance with ASTM D2922-81, at points selected by the ENGINEER at a minimum rate of one
density test for each 10.000 square feet per lift unless otherwise directed by the ENGINEER.
SECTION 01401 - TESTING LABOIL. kTORY SERVICE PAGE 1
3.3 BACKFILL COMPACTION: The testing laboratoD' ~411 make tests of in place densi~,
in accordance with ASTM D2922-81 at a point selected by the ENGINEER. A minimum of one
_ densi~' test ~ill be made for each 100 linear feet for eyeD' other 8 inch loose lift for utility
construction unless otherwise directed by the ENGINEER. Backfill operations x~411 be monitored
continuously by the testing laboratoDr at box culverts, headwalls and other structures.
-- 3.4 NOTIFICATION: It x~ill be the responsibility of the CONTRACTOR to notify the testing
laboratory, the OWNER, the ENGINEER and the inspector two (2) working days before paving,
compaction or backfill operations begin.
PART IV - PAYMENT
-- 4.1 Unless othenvise stated else~vhere in these Specifications, the O~ER will pa>' all costs of
the testing laboratoD' services. No separate payment shall be made to the CON-tRACTOR for the
work described in this Section nor for any delay or inconvenience resulting from the testing
_ labomtox3--' exercising their duties. Payment for such work shall be made under the specific Pay
Item and shall be considered as full compensation for these requirements.
4.2 The CONTRACTOR shall be responsible for all costs of the testing laboratoD' sexMces
-- required due to failed tests.
o0o
SECTION 01401 - TESTING LABORATORY SERVICE PAGE 2
-- DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01501 - SURVEY
PART I - GENERAL
1.0 THE GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS, and applicable
requirements of Division 1 - General Requirements are hereby made a part of this Section.
1.1 SCOPE: This section covers the furnishing of all labor, materials and equipment required
-- for field staking of grading, storm sewer and pavement construction required for this project.
1.2 SELECTION, EMPLOYMENT AND PAYMENT: Survey for this project will be
-- provided by the Contractor. The Conlxactor will pay all costs of field survey required to maintain
existing control and to construct proposed facilities at the line and grade indicated on the plans. All
sm, eying, staking and layout shall be performed under the supervision ora surveyor licensed in the
_ State of Texas. Proof of registration will be required prior to any construction.
PART II - MATERL4LS
-- Not Applicable
PART III - INSTALLATION
3.1 STAKING: The Contractor shall furnish all staking as may be required for construction.
Control has been established by the OWNER. The Contractor shall be responsible for verifying the
_ relative horizontal and vertica~ relationship of the control staking as indicated on the construction
drawings. Ihe Contractor shall offset all control staking within the construction limits prior to
beginning construction and maintain such control for the duration of the project.
-- Any stakes or markings the OWNER has established either for his ox~aa use or the
Contractor's guidance shall be preserved by the Contractor until authorized by the Engineer to
remove same. Any further staking will be the responsibility of the Contractor, and any existing
-- stakes destroyed either by him or third parties w411 be replaced by and at the expense of the
Contractor. If required the OWNER will re-establish or set additional monumentation requested by
the Contractor at the Contractor's expense.
PART IV - PAYMENT
4.1 No separate payment shall be made to the Contractor for the work described in this Section.
-- Payment for such work shall be made under the specific Pax., Item and shall be considered as full
compensation for these requirements.
o0o
-- SECTION 01501 - SURVEY PAGE 1
- DIVISION 2 - SITE WORK
DIVISION 2 - SITE WORK
-- SECTION 02110 - CLEARING .4aND GRUBBING
PART 1 - GENERAL
1.0 THE GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS, and applicable
requirements of DIVISION I - GENERAL REQUIREMENTS are hereby made a part of this
-- Section.
1.1 SCOPE: This section covers the furnishing of all labor, materials and equipment to
-- remove all debris and vegetation from all areas where excavation, fill or grading will occur.
1.2 CLEARING: Remove all debris, trees, logs, brush, stumps, roots, vegetation, and other
-- objectionable matter and make disposal away from site.
PART II - MATERIALS
2.1 EQUIPMENT AaND MATERIALS RESULTING FROM CLEARING AND GRUBBING
shall become the property of CONTRACTOR and the CONTRACTOR shall remove and dispose
-- of same off-site, except as indicated otherwise on the Drawings.
PART IIl- EXECUTION
3.1 METHOD: An>, areas where excavation of filling is to take place shall be cleared of all
stumps, room, debris, and an3' above-surface grox~h. Removal of vegetation and debris from all
-- excavation areas shall be thorough and complete as it is intended to allow the existing ground to be
prepared as necessaEy to allow fill material to adhere to the existing soil. The use of burning at the
project site for the disposal of refuse and debris xvill be permitted upon approval by the appropriate
-- authorities. It shall be the CONTRACTOR'S responsibility to obtain any approval required.
3.2 Inspect the site in the presence of the ENGINEER before work begins. Any specific trees
or shrubs that are to remain shall be marked. All remaining trees and shrubs shall be cleared as
stated above, or as directed by the ENGINEER. If the CONTRACTOR removes an3' tree which
has been designated to stay by the ENGINEER, he shall be fined $500 for each such tree removed,
payable to the OWNER either in cash or as a credit.
PART IV - PAYMENT
4.1 PAYMENT: All work under this Section shall be paid for at the price established in the
pax, item for "Site Clearing and Grubbing, General" which price shall include all labor, equipment,
and supplies necessary to complete the removal of all trees, shmbbeD,, vegetation and debris from
the proposed areas.
o0o
SECTION 02110 - CLEARING AND GRUBBING PAGE I
DIVISION 2 - SITE WORK
-- SECTION 02210 - EXCAVATION, BACKFILL AND GRADING
PART I - GENERAL
1.0 THE GENERAL CONDITIONS, SPECIAL CONDITIONS, and applicable requirements
of DIVISION I - GENERAL REQUIREMENTS are hereby made a part of this Section.
-- 1.1 SCOPE: This Section covers the furnishing of all labor, materials and equipment to
complete all excavation, filling, backfilling, and compacting; to provide protection of embankments
and cuts; to remove and dispose of all surplus materials and debris; and, to provide final site
-- grading, as required.
1.2 LINES AND GRADES: Construction lines and grades shall be established at the site by a
competent surveyor or engineer in accordance with Section 01501.
1.3 SUBSURFACE DATA: Logs of borings represent only the conditions at the point of the
boring, at the time the boring was made. A copy of the log of borings is furnished for general
-- information only.
PART II - MATERIALS
2.1 SELECT FILL: The select fill material shall consist of sandy clay or clayey sand which
has a liquid limit less than 35 percent and a Plasticit3' Index of 4 to 15. Less than 50 pement by
_ ~veight shall pass the Number 200 sieve.
2.2 CLAY FILL: The clay fill shall consist of the same clay soils as found at the site, which
are classified as CH and CI according to the Unified Soil Classification System, and conforming to
-- the requirements of the plans.
2.3 ROCKFILL: Excess rock excavation larger than 6-inch in diameter shall be removed and
-- offsite disposed of rock material less than 6-inches shall be placed in fill areas with a minimum of
6-inch of clay or select material over the top of the rock to grade. Rock material to be stockpiled
shall be separated from clay material stockpile.
PART III - INSTALLATION
3.1 EXCAVATION: All excavation shall be made in such manner as to permit all surfaces to
-- be brought to final line and grade vdthin plus or minus 0.1 foot. Overbreak shall be restored by the
CONTRACTOR at his o~ expense. Per Texas House Bill 1569 as of September 1, 1989 it shall
be the responsibility of the contractor to provide and maintain a viable trench Safe~' System at all
times during construction.
In general, all excavations shall be made in open-cut from the surface of the ground and
_ shall be no greater in width or depth than is necessary to permit the proper construction of the work
in accordance with the plans and these Specifications. Excavation shall be done in accordance with
the lines indicated on the plans as established by the PROJECT ENGINEER.
The entire foundation area in the bottom of all excavation shall be firm, stable, and at
uniform densiD' as nearly as practicable, and unless necessary.-', materials shall not be disturbed
below grade. "Grade" in this instance is the base of the footing as will be called for in the plans, or
__ SECTION 02210 - EXCAVATION, BACKFILL AND GRADING PAGE 1
the minimum depth below the pipe barrel as described in the Standard Specifications. However,
any soft, spongy, disintegrated, or other unsuitable materials shall be removed to the depth below
-- grade as directed by the ENGINEER. Such materials removed shall be replaced with other material
satisfactory to the ENGINEER and thoroughly compacted in place to finish grade elevation in the
manner satisfactory to the ENGINEER.
Excess excavated material shall be disposed of as indicated on the drawings or as directed
by the ENGINEER.
-- 3.2 GRADING: All excavated areas shall be brought to final line and grade by finish grading.
Grades not othen~ise shox~a shall be uniform levels or slopes between elevation points, and
conforming to adjacent graded areas. In berm or slope areas requiring clay., fill material, the
-- material shall be placed and compacted in accordance with the requirements of these Specifications.
Areas adjacent to roads, structures, or other finished surfaces shall be graded to provide drainage
away from such areas.
3.3 TOPSOIL: Before commencing excavation, topsoil shall be removed form the areas
designated for excavation and embankment. A quantity of topsoil sufficient to cover area
designated to receive topsoil to a minimum depth of 6 inches shall be stockpiled. Objectionable
-- material and foreign materials shall be removed before placing topsoil in the stockpile. Spreading
shall not be done when ground or topsoil is frozen, excessively xvet or dry, or otherx~/se in a
condition unsuitable for working. Slopes to be covered by topsoil shall be placed concurrently w4th
-- the fill.
3.4 FILLING: All materials used for filling shall be onsite native soils, except where "Sand
_ Backfill" or other materials are called for in the clra~4ngs or in the Specifications.
Excess excavated materials resulting from street and site excavation ~ill be placed in areas
of Gateway Business Park as directed by the NON-COMPENSATED PROJECT MANAGER.
-- Fills shall be placed at locations designated by the NON-COMPENSATED PROJECT
MANAOER, not to exceed 2,000 feet. CONTRACTOR shall clear and grub offsite fill areas.
-- Equipment for compacting fills shall be sheepsfoot rollers, rubbertired rollers and other
approved equipment capable of obtaining required densit3'.
_ The combined excavation and fill placing operation shall be such that the material when
compacted in the fill will be blended sufficiently to secure the best practicable degree of
compaction. The suitability of the materials shall be subject to approval of the OWNER'S
laboratory. Dump, then spread and mix successive loads of material to give a horizontal layer of
-- not more than 8 inches in depth, loose measurement. After each layer of fill has been spread to the
proper depth, it shall be thoroughly manipulated with a disc plow or other suitable and approved
equipment until the material is uniformly mixed, pulverized and brought to a uniform approved
-- moisture coment at or up to four percent above optimum. No fill material shall be rolled until the
layer is brought to the specified moisture content.
_ Any material, whether undisturbed in-place or fill, having a moisture content too high for
proper compaction shall be dried by aeration until the moisture content is lowered to a point where
safisfactoD' compaction may be obtained. If the moisture of the fill material is too low, add water
to the material and thoroughly mix by blading and discing to produce a uniform and satisfactory
-- moisture sections.
__ SECTION 02210 - EXCAVATION, BACKFILL AND GRADING PAGE 2
Onsite naive soil shall be compacted to a minimum of 95 percent of the maximum dry
density as determined by ASTM D698. Onsite native soil shall have a moisture content between
-- the optimum and four percent above optimum. Testing of fill areas 4411 be performed by the
Testing LaboratoD'. One hundred percent of Standard Proctor Densi~' for sand backfill, and
between 95 and 98 percent of Standard Proctor Densi~' for native soil backfill. Backfill below the
_ top of x~4ngwalls shall be placed and compacted equally along both sides of the structure so as to
prevent strain in or displacement of the structure. No backfill shall be placed against the abutments,
wingwalls, or other cast-in-place structures until the structure has been in place at least seven (7)
days.
PART IV - PAYMENT
-- 4.1 No separate payment shall be made for structural or utility excavation or backfill under this
Section. No separate payment shall be made for the removal and offsite disposal of rock material
larger than 6-inches in diameter. Structural or utility excavation and backfill shall be considered
_ incidental to the project and the payments made under specific pay items shall be considered as full
completion for these requirements.
4.2 In excavation areas where grass is to be established, the CONTRACIOR shall over
-- excavate six (6) inches to allow for the placement of topsoil. This over excavaion and placement
of topsoil shall be considered incidental and shall not be measured for payment.
-- oOo
__ SECTION 02210 - EXCAVATION, BACKFILL AND GRADING PAGE 3
DIVISION 2 - SITE WORK
-- SECTION 02270 - GRASS SEEDING FOR SLOPE PROTECTION AND EROSION
CONTROL
-- PART I - GENERAL
1.1 GENERAL:
A. Thc Conditions of the Contract, and applicable requirements of Division 1 -
General Requirements apply to thc work of this section. Applicable sections of
thc North Central Texas Council of Governments (NCTCOG) Standard
-- Specifications for Public Works Construction as modified herein, also apply.
1.2 SECTION INCLUDES:
A. Items required for preparing ground, providing for sowing of seeds and fertilizing,
mulching with straw, watering, m, eed control, and other management practices
required for erosion control and to obtain a grass cover. Areas requiring seeding
for erosion control x~ll include the drainage swales and all areas disturbed by
construction.
-- 1.3 RELATED SECTIONS:
A. Temporary.' Erosion and Sediment Control During Construction - Section 01563.
1.4 QUALITY ASSURANCE:
_ A. Regulator' Requirements:
1. Seed shall comply with U.S. Department of Agriculture rules and
regulations under the Federal Seed Act.
2. Bags of fertilizer shall be fully labeled complying with applicable State
fertilizer laws and shall bear the name, trade name, trademark, warranty of
-- producer, and analysis of contents.
B. Contractor's Qualifications:
1. The work of this section shall be performed by a Contractor specializing in
seeding and landscape installations.
2. Guarantee all materials to be of quality and quantity as specified herein.
-- C. Water: For watering plantings, use water free of impurities injurious to plant
grom.-th.
SECTION 02270 - GRASS SEEDING FOR SLOPE PROTECTION PAGE 1
_ AND EROSION CONTROL
1.5 SUBMITTALS:
A. Certificates of Conformance or Compliance:
_ 1. Seed: Type, purity and gemfination rate analysis.
2. Fertilizer: Manufacturer's guaranteed analysis.
-- 3. Hydromulch fiber: Manufacturer's guaranteed analysis.
4. Tackifier: Manufacturer's guaranteed analysis.
B. Invoices:
_ 1. Fertilizer: Submit copies of invoices showing quantities and grade of each
fertilizer furnished.
2. Mulch: Submit duplicate copies of invoices showing quantities of bags
-- and total weight at deliveD' of each load.
1.6 PRODUCT HANDLING:
A. Seed:
1. Furnish seed in sealed standard containers.
2. Seed which has become wet, moldy, or otherwise damaged in transit or in
storage shall not be used.
3. Wet, moldy, or otherwise damaged seed will be rejected and removed
from site.
B. Fertilizer: Deliver to site in sealed bags.
PART II - PRODUCTS
2.1 MATERIAL:
-- A. Seed: Refer to Planting Schedule this Section.
B. Fertilizer: Complete fertilizer, for use a4th hydromulch, with minimum 50
-- percent nitrogen derived from organic sources. The d~' weight percentage shall
be 18-6-12 (N-P-K), also containing zinc and iron.
C. Wood Cellulose Fiber Mulch:
1. Specially prepared wood cellulose fiber, for use with hydraulic application
of grass seed and fertilizer, processed to contain no growxh or germination
-- inhibiting factors, and dyed appropriate color to facilitate visual metering
of application of materials. Green is preferable.
-- 2. Containing not in excess of 10 percent moisture, air dD' weight basis.
SECIION 02270 - GRASS SEEDING FOR SLOPE PROTECIION PAGE 2
_ AND EROSION CONTROL
3. Fibers become uniformly suspended in slurD' tank mixture to form
homogeneous slun}~,.
D. Tackifier: Provide a binding agent to hold mulch, fiber and seed in place.
Tackifier shall be water-soluble or shall be of remaining in suspension during the
_ application process.
1. Accepted Products. Hydro-Tack, N-Tack, or Terra-Tack.
-- E. Water: Free from oil, acid, alkali, salt and other substances harmful to growth of
grass.
-- PART III - EXECUTION
3.1 GENERAL:
A. .Accomplish seeding and mulching work and seeding and fertilizing work within
one of the planting periods specified in paragraph entitled "Planting Schedule" of
this Section.
B. If factors prevail to such an extent that satisfactory results are not likely to be
obtained, stop an)' phase of the work and resume work when desired results are
-- likely to be obtained.
C. Conduct seeding and mulching operations across slope.
D. Accomplish seeding and mulching as specified on areas indicated on the
Contractor's Erosion and Sediment Control Drawfngs, on areas disturbed during
construction, all fill areas, graded areas, 20 feet on each side of new roadways and
-- all borrow areas.
3.2 INSPECTION AND TEST:
A. Seed:
_ 1. Each lot of seed may' be resampled and retested in compliance with latest
rules and regulations under Federal Seed Act at discretion of Engineer.
2. Make resampling and retesfing by or under supervision of Engineer.
3. If these tests reveal seed to be below specified pure live seed content, plant
additional seed to compensate for deficiency at no additional cost to
-- O~aaer.
4. Seed retests to be paid for by the Contractor.
5. Make allowance for actual pure live seed content of specified grasses in
determining actual planting rate.
SECTION 02270 - GRASS SEEDING FOR SLOPE PROTECTION PAGE 3
-- AND EROSION CONTROL
B. Fertilizers:
_ 1. Retain fertilizer bags and upon completion of project, final check of total
quantities of fertilizer used 4411 be made against total area treated.
2. If minimum rates of application have not been met, distribute additional
quantities of these materials to make up minimum application specified.
C. Mulch: At least five (5) days prior to commencement of mulching operations,
-- noti~' Ovmer of sources from which mulch materials are available and quantities
thereof.
-- 3.3 SEED BED AND PREPARATION:
A. General:
1. Perform seeding after designated areas for seeding and fertilizing have
been graded and smoothed to finished lines and grades and typical cross-
sections.
2. Equipment necessary for proper preparation of ground surface and for
handling and placing required materials shall be on hand and in good
-- condition before work is started.
B. Grading:
1. Maintain grades on areas to be seeded in tree and even condition x~Sthout
rots or tracks.
-- 2. Maintenance shall include any necessaD' repairs to previously graded area
prior to planting of seed.
_ C. Tillage:
1. Accomplish in such manner as to prepare acceptable seed bed.
-- 2. Use tractors with adequate horsepower and heavy duty tillage equipment
to accomplish specified tillage operations.
-- 3. Till areas with heaw duty disk, as necessary, followed by disking x~4th
disk harrow, and smoothing with weighted spike tooth harrow, railroad
irons, or bridge timber float drag.
4. Cultivate seed bed to state of good tilth so that soil particles on surface are
small enough and lie close enough together to prevent seed from being
covered too deep for optimum germination.
5. Leave areas smooth for ease of mowing.
-- 6. Depth of tillage: 4 inches.
SECTION 02270 - GRASS SEEDING FOR SLOPE PROTECTION PAGE 4
AND EROSION CONTROL
D. Cleanup:
-- 1. Prior to seeding, clear surface of stone, stumps, or other objects larger than
2 inches in thickness or diameter and of roots, brush, wire, grade stakes,
and other objects that might be a hindrance to maintenance operations.
2. Mow, rake and remove vegetation that ma>' interfere with operations from
site.
-- 3.4 APPLICATION OF FERTILIZER:
A. Apply fertilizer simultaneously with seed and mulch in hydraulic equipment using
-- specified rate of application.
3.5 PLANTING SEED:
A. General:
1. Conduct seeding equipment calibration tests as means of determining
-- coverage per load to plant seed at specified rates.
2. If unplanted skips are noted after germination and growth of grass, seed
~ unplanted areas wSth grasses that were to have been planted at no
additional cost to Owner.
_ B. Seeding:
1. Rate of application. Refer to Planting Schedule in this section.
-- 2. Uniformly plant one-half of total amount of seed to depth of 1/4 inch to
1/2 inch by use of approved grain drills, native grass seed drills, Brillion
Cultipacker seeder or equivalent; or by broadcasting seed and harrowing
-- or raking lightly to cover seed.
3. Spray on other one-half of total amount of seed with hydraulic equipment
in combination with fertilizer and mulch.
3.6 APPLICATION OF MULCH:
-- A. Area to be seeded shall first be cultipacked x~th Brillion Cultipacker or
equivalent.
-- B. Make application of wood cellulose fiber mulch slun3--' with hydraulic equipment
and accomplish immediately upon completion of final tillage.
_ C. Hydraulically spray slurry on ground to form blotter-like ground cover uniformly
impregnated with grass seed which, after application, will allow absorption of
moisture and allow rainfall or mechanically applied watering to percolate to
underlying soil.
SECTION 02270 - GRASS SEEDING FOR SLOPE PROTECTION PAGE 5
-- AND EROSION CONTROL
D. Apply wood cellulose fiber mulch at a rate of 50 pounds per 1000 square feet in
combination with fertilizer at rate of 10 pounds per 1000 square feet and seed at
- rate prescribed in paragraph, "Planting Schedule" in this section. Repeat fertilizer
(10 pounds per 1000 square feet) in 40 to 65 days.
_ E. Use hydraulic equipment application of wood fiber mulch having built-in
agitation system with operating capacity, sufficient to agitate, suspend, and mix
homogeneously slurry containing up to 40 pounds of fiber plus combined total of
70 pounds of fertilizer solids for each 100 gallons of water.
F. Slurry lines: large enough to prevent stoppage.
-- G. Accomplish application of mulch slurry same day as completion of final tillage.
H. Keep mulch moist by daily application of water, if necessary, for minimum of ten
_ days or until seeds in mulch have germinated and rooted in soil.
3.7 MAINTENANCE OF TURF:
-- A. General:
1. Contractor is responsible for maintaining areas during planting period and
-- until other work under contract has been completed.
2. Maintenance shall consist of protection, replanting, maintaining existing
_ grades, and repair of erosion damage.
B. Protection:
-- 1. Protect seeded and mulched areas against traffic or other use immediately
after seeding is completed.
-- 2. Maintain protection of these areas until completion of work under
contract.
_ C. Replanting:
1. Prepare, reseed and remulch areas on which less than six live growing
grass plants per square foot are present ten days after planting.
2. Replant as specified for original planting.
-- 3. Perform replanting required without cost to Ox~er.
D. Maintenance of Grades and Repair of Erosion Damage:
1. Contractor is responsible for maintaining grades of slopes after
commencement of planting operations and during maintenance period.
-- 2. Promptly repair any damage to finished surface grades.
SECTION 02270 - GILa, SS SEEDING FOR SLOPE PROTECTION PAGE 6
__ AND EROSION CONTROL
3. Promptly repair damage in the evem erosion occurs from rainfall or other
causes.
4. Correct ruts, ridges, tracks, and other surface irregularities and replant
areas where required prior to acceptance.
-- 3.8 WATERING AND MAINTENANCE:
A. Apply water after compaction and seeding. Apply water using portable pipe or
-- hose lines with rotating sprinklers within 24 hours after seeding. Sprinkling may
be done with water trucks and hoses in certain locations where it is impractical to
usc portable lines or hoses. Supervise sprinkling to prevent runoff of water. Thc
_ Contractor shall furnish all pumps, hoses, pipe lines, water trucks and sprinkling
equipment required. Water with approved watering equipment in compliance
with the schedule of 14,000 gallons per acre weekly for 7 weeks, or as required to
achieve grass coverage, whichever is greater. Do not water at rates exceeding
5,000 gallons per acre per hour, to prevent runoff.
3.9 WEEDING:
A. Keep all seeded areas relatively flee from weeds and undesirable grasses, using
approved methods, materials and timing.
3.10 DISEASE AND INSECT/PEST CONTROL:
A. Upon discovery of any disease or insect pest infestation, identi$' or have
-- identified the nature or species of infestation and submit the proposed method of
control for approval prior to application of control measures.
-- 3.11 MOWING:
A. Mow the grass should the height reach 3-1/2 inches or greater on the average
_ before final acceptance. Mow to a height of 2-1/2 inches. Mow as required until
work is accepted.
3.12 PL.a2qTING SCHEDULE:
A. Minimum percentage by weight of pure live seed in each lot of seed shall be as
follows: seed planted at rate per acre indicated under pure live seed required per
-- acre. Note: Percent Pure Live Seed = Percent Purity times Percent Germination.
B. Seed shall be treated with fungicide.
C. Weed seed shall not exceed 10 percent by weight of total of pure live seed and
other material in mixture.
-- D. Johnson grass, ragweed, nutgrass or other noxious seed in mixture will be cause
for rejection of seed.
SECTION 02270 - GRASS SEEDING FOR SLOPE PROTECTION PAGE 7
AND EROSION CONTROL
PLANTING PERIODS
SCHEDULE 02270-1
Minimum
-- Percent Pure Pounds Per Live
Live Seed Seeds Required
Kind of Seed Required Per Acre
I IvIARCH THROUGH 30 MAY AND 15 AUGUST THROUGH 30 SEPTEMBER
a. Common Bermudagrass
(Unhulled) (Cynodon Dactylon) 85 10
b. Common Bermudagrass
(Hulled) (Cynodon DacWlon) 85 10
-- c. NK-37 Bemmdagrass
(Hulled) 85 5
-- d. Ermelo Love Grass 85 10
(Total a + b + c ~- d) 35
1 OCTOBER THROUGH 1 NOVEMBER
-- a. Common Bermudagrass
(Unhulled) (Cynodon Dactylon) 85 45
-- b. Annual Ryegrass
(Lolium Multiflorum) 82 50
_ (Total a + b) 95
o0o
SECTION 02270 - GIL/kSS SEEDING FOR SLOPE PROTECTION PAGE 8
AND EROSION CONTROL
DIVISION 2 - SITE WORK
SECTION 02720 - STORM SEWER
PART I - GENERAL
-- 1.1 GENERAL:
A. The Conditions of the Contract, and applicable requirements of Division 1 -
-- General Requirements apply to thc work of this section. Applicable sections of
the North Central Texas Council of Governments (NCTCOG) Specifications for
Public Works Construction and Dallas Public Works and Transportation
_ Department Specifications and Standard Details as modified herein also apply.
1.2 SECTION INCLUDES:
-- A. The furnishing of all labor, material and equipment required for the construction
of the storm sewer, complete in place, including, but not limited to prestressed
reinforced concrete box, reinforced concrete pipe, pipe fittings, connections,
-- manholes, inlets, headwalls, excavation, embedment and backfill.
1.3 REFERENCES:
A. Reference Publications:
1. NCTCOG Standard Specifications for Public Works Construction, latest
-- edition, as modified in the Contract Documents.
2. Texas Department of Transportation, 1993 Standard Specifications for
-- Construction of Highways, Streets and Bridges.
3. City of Coppell Standard Construction Details.
PART II - PRODUCTS
2.1 GENERAL:
A. This part shall include the furnishing of all materials of the dimensions and types
as shown on the Drawings or as specified.
2.2 MATERIALS:
A. Materials shall be in accordance with the NCTCOG Standard Specifications Item
2.12.3.1, REINFORCED CONCRETE CULVERT, STORM DRAIN AND PIPE;
Item 2.1.7, PIPE BEDDING MATERIAL FOR STORM SEWERS; item 2.2,
PORTLAND CEMENT CONCRETE AND RELATED MATERIALS; and item
-- 7.4, CONCRETE FOR STRUCTURES, as amended herein.
PART III - EXECUTION
3.1 GENERAL:
_ A. This part shall include the placing of all specified materials at the locations and
SECTION 2720 - STORIvl SEWER PAGE 1
elevations as shox~m on the Drawings.
_ B. The work performed hereunder shall conform in eve~, respect to the Contract
Documents, applicable City requirements, applicable local ordinances and
sanitaD.' codes, regulations of the State Health Department, and regulations of the
Occupational Safety and Health Administration (OSHA). In the event that the
-- Contract Documents do not adequately specie' materials, methods of
construction, or workmanship of any portion of the proposed work, the NCTCOG
Standard Specifications for Public Works Construction and City of Coppell
-- Standard Construction Details, as amended in the Contract Documents, shall
apply.
_ 3.2 INSTALLATION:
A. Construction methods shall be in accordance with the NCTCOG Standard
Specifications Item 6.7.4, STORM DRAIN CONDUIT INSTALLATION, as
-- amended by these specifications.
B. Excavation and backfill shall be in accordance with the NCTCOG Standard
-- Specifications Item 6.2, EXCAVATION AND BACKFILL, as amended by these
specifications.
_ C. Inlets and headwalls - The inlets and headwalls shall be constructed to the lines
and grades shox~ on the drawings. If bottoms and tops are constructed
separately, rebar shall be extended from bottom to allow tie in with the top.
o0o
SECTION 2720 - STORIVI SEWER PAGE 2
- DIVISION 3 -TRENCH EXCAVATION PROTECTION
DIVISION 3 - TRENCH EXCAVATION PROTECTION
-- SECTION 03001 - TRENCH SAFETY SYSTEMS
PART I - GENERAL
1.0 THE GENERAL CONDITIONS, SUPPLEMENTARY CONDITION, and applicable
requirements of DIVISION I - GENERAL REQUIREMENTS are hereby made a part of this
-- Section.
1.1 WORK INCLUDED: This section covers excavation and supporting systems for trenches
-- necessaD' to protect the safe~' of workers. This specification shall govern for construction of all
types of trenches except where the requirements of this section are explicitly revised or superseded
by another section. Additional requirements as set forth by federal, state, and local government
-- regulations will be applicable and must be followed. The Contractor shall be responsible for the
design, placement, and inspection of all trench safety systems in conformance ~x4th the
Occupational SafeB: and Health Administration (OSHA) standards as contained in Subpart P, Part
-- 1926, Title 29 of the Code of Federal Regulations (29 CFR 1926). Other OSHA construction
standards shall also apply.
1.2 Copies of the specific Logs of Borings, by Henley Johnston & Associates Engineering
Geoscience Consultants, are included in Appendix A. Subsurface conditions between the locations
shoxx~n on the logs will vary, and it is the Contractor's responsibilit3' to detect vary'ing conditions
which may be hazardous and take appropriate action. The information included in Appendix A is
for the Contractors information only and is not for the Contractor's or third parties' use in the design
_ of trench safe~' systems. The Contractor, at his expense, shall be responsible for obtaining any
geological data required for his design of the trench safety system.
_ 1.3 APPLICABILITY: These specifications apply to any trench excavation which is over five
(5) feet in depth from the ground surface, or trench excavations that are less than five (5) feet in
depth located in areas where unstable soil condition are present (Ref. OSHA SafeB' and Health
_ Regulations, Part 1926, Subpart P, Paragraph 29 CFR 1926.652, Subparagraph (a)).
1.4 LIABILITY: It is the Contractor's responsibility that all excavation work and site
_ conditions are within the regulations as established by OSHA. Any property damage or bodily
injur.' (including death) that arises from use of the trench safeR- systems, from the Contractor's
negligence in performance of the contract work, shall remain the sole responsibility and liability of
_ the Contractor.
1.5 EXISTING L.~DERGROUND INSTALLATIONS: Known underground installations
-- are sho~ on the Drawings. It is the Contractor's responsibili~ to yetiS' the size, locations and
elevations of all existing utilities in the construction area prior to commencement of excavation
operations.
SECTION 03001 - TRENCH SAFETY SYSTEMS PAGE 1
PART II - MATERIALS
-- Not applicable.
PART III - INSTALLATION
Not applicable.
-- PART IV - MATERIALS
Not applicable.
PART IV - PAYMENT
-- 4.1 MEASUREMENT: Trench Excavation Protection shall be measured by the linear foot along
the centerline of trench.
-- 4.2 PAYMENT: Payment for Trench Excavation Protection, measured as prescribed above,
shall be made at the unit price bid per linear foot of "Trench Excavation Protection".
-- Payment shall include all components for design and construction of the Trench Protection
System which can include, but not be limited to, sloping, sheeting, trench boxes or trench shields,
sheet piling, cribbing, bracing, shoring, dewatering or diversion of x~nater to provide adequate
-- drainage. Pa3xnent shall also include the additional excavation and backfill required, any jacking,
jack removal, and removal of the trench supports after completion.
-- Payment of all work prescribed under this item shall be full compensation for all additional
excavation and backfill; for furnishing, placing and removing all shoring, sheeting, or bracing; for
dewatering or diversion of water; for all jacking and jack removal; and for all other labor, materials,
-- tools, equipment and incidentals necessaL' to complete the work.
o0o
SECTION 03001 - TRENCH SAFETY SYSTEMS PAGE 2
DIVISION 4 - SPECIAl, PROVISIONS TO STANDARD
SPECIFICATIONS FOR CONSTRUCTION
ALBERT H. HALFF ASSOCIATES, INC.
-- SPECIAL PROVISIONS
TO
STANDARD SPECIFICATIONS
-- FOR
PUBLIC WORKS CONSTRUCTION
These Special Provisions, modify, or supplement the Standard Construction Specifications
of the North Central lexas Standard Specifications. All provisions which are not so modified or
supplemented remain in full force and effect, except payment shall be as established in the Section
-- 00140 - Bid Form.
PART 1: Delete entirely'.
PART 1I: MATERIALS - DIVISION 2
_ ITEM 2.1.5. TRENCH BACKFILL:
(b) Types "B" and "C"
-- (4) Additional Requirements
(B) Additional Requirements for T~e "C" backfill when used in sweets: Insert
-- the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted
to betxveen 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698
at, or up to five (5) percentage points above, optimum moisture content, using mechanical
-- compaction methods unless othem~se specified in the Plans. Water jetting max., be used only with
specific x~tten permission of the Engineer."
ITEM 2.1.6. RIPRAP OR SIONE MASONRY:
(b) Materials and Dimensions
-- (4) Mortar Riprap. Add the sentence: Mortar or concrete type shall be
approved by the Engineer and shall conform to A.S.T.M. C 387-83.
-- ITEM 2.1.7. PIPE BEDDING MATERIAL FOR STORM SE%qERS:
(a) General: .4anend the first sentence, by striking the words "requirements for
earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be
approved by the Engineer."
(b) Earth Bedding: Add the follow4.ng sentence at the beginning of this
-- paragraph: "Earth bedding xs411 not be permitted without written approval of the Engineer."
ITEM 2.2.2. CHEMICAL ADMIXTURES:
(a) Fly Ash. Delete the three paragraphs under this subsection from the
specifications. Tile use of Fly Ash as an admixture in any Class of concrete is specifically
_ prohibited without written approval of the Engineer.
SPECIAL PROVISIONS PAGE 1
ITEM 2.2.10. JOINT SEALING:
-- Joint Sealer shall be silicone as approved by the Ci~' of Coppell and installed per Ci~' of
Coppell requirements and manufacturers recommendations.
-- PART III: DIVISION 3 - SITE PREPARATION
ITEk{ 3.1.2. CONSTRUCTION METHODS:
Add the following sentence a~er the second sentence: The method of protection shall be 2
inch by 4 inch wood railing unless otherx~4se shox~ on the Plans or directed by the
_ Engineer.
ITEM 3.7.3. DENSITY:
-- Slfike the first sentence and replace with the following: "Earth embedment and select
material shall be compacted to between 95 percent and 100 percent of Standard Proctor
Densi~' as determined by ASTM D-698 at, or up to five (5) percentage points above,
-- optimum moisture content, using mechanical compaction methods, unless other~4se
specified in the Plans or Specifications."
PART IV: DIVISION 4 - SUBBASE AND BASE COURSES
ITEM 4.8.4. CONSTRUCTION METHODS:
-- (b) Compaction
Amend the last sentence of the first paragraph, by striking the words: "90 percent of the
-- maximum dr), densitT of such material." and replace with the words "95 percent of the maximum
dD' densiW of such material, or as directed by Engineer.
PART V: DIVISION 5 - PAVEMENT AND SURFACE COURSES
ITEM 5.8.2. CONSTRUCTION METHODS
-- (e) Joints
(1) Expansion Joints: Delete the first paragraph and replace with the follo~nfing:
-- "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement.
Expansion Joint material shall be redwood boards, 3/4-inch in ~4dth, and extended through curbs.
Expansion joints are to be installed at each end of radius at street intersections. Expansion joints
_ shall be equally spaced between intersections with not less than one ever3.' 1,000 linear feet of'
pavement, unless otherwise specified on the Plans or directed by the Engineer.
(C) Proximi~, to Existing Structures: Add to end of sentence, "or as directed by the
-- Engineer".
· (2) Contraction Joints. Delete the first sentence of the first paragraph and insert
-- the follo~fng: "Contraction or dummy joints shall be sawed to 1-1/4 inches in
depth, and 1/4 inch in width, and installed ever5.' 12 linear feet of pavement, and
extend through curb, unless other~ise directed by the Engineer."
(h) Finishing.
SPECIAL PROVISIONS PAGE 2
(1) Machine. Add the following paragraph at the end of this subsection: "Fog
sprays powered by pressure pumps, and capable of coveting the entire area of
-- freshly placed concrete with a fine mist, shall be used if water is needed for
finishing operations."
-- (2) Hand. Add a new paragraph after first paragraph which reads as follows:
"Fog sprays powered by pressure pumps, and capable of covering the entire area of
freshly placed concrete ~th a fine mist, shall be used if water is needed for
_ finishing operations."
PART VI: DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION
-- ITEM 6.2.8. EXCAVATION:
Add the following:
"(c)" Alternate Methods of Excavation, (4) Shoring and Sheeting shall be revised
to include the following provisions:
The Contractor shall provide a separate unit price, noted in the schedule of
values in the Contract Documents, for work and materials required for
trench excavation protection. The unit price shall include all labor,
materials, studies, reports, designs or any other work required to provide
Ixench excavation protection."
-- ITEM 6.2.9. BACKFILL:
(b) Compaction.
(2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic.
Amend the second sentence by striking the words "to a density comparable with
_ adjacent undisturbed material" and replacing with "to a densi~ between 95 percent
and 100 percent Standard Proctor Density as determined by ASTM D-698 at, or up
to five (5) percentage points above, optimum moisture content, unless other~4se
specified in the Plans or directed by the Engineer.
ITEM 6.2.12. MEASUREMENT AND PAYMENT:
-- Delete this item and replace ~fith the following:
"Embedment and backfill shall not be measured separately for payment but shall be
considered subsidiary to the various bid items required by the Plans and
Specifications."
"Trench safeD' protection systems for trenches greater than 5 feet in depth shall be
-- measured for payment by the linear foot. Payment under these items shall be fully
compensated for all additional excavation and backfill, and installationand removal
of sheeting, shoring and barricading."
o0o
SPECIAL PROVISIONS PAGE 3
- APPENDIX A - SOIL INVESTIGATION DATA
__ GEOTECHNICAL INVESTIGATION
HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACILITY
-- GATEWAY BLVD/FREEPORT PKWY
COPPELL, TEXAS
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geosclence consul£ants
(214) 941-3808 f~x(214) 943-7645 ~
235 Morgan Ave.. Da;I.~. Texas 75203-1088
-- GEOTECHNICAL INVESTIGATION
HAVERTY FURNITURE COMPANIES, INC.
-- REGIONAL DISTRIBUTION FACILITY
GATEWAY BLVD/FREEPORT PI(Wn/'
-- COPPELL, TEXAS
Havedy Furniture Companies, Inc.
Atlanta, Georgia "'
INTRODUCTION
In accordance with your recent request following site relocation, we have completed a
Geotechnical Investigation for the captioned project. The project site is located on
Gateway Boulevard, west of Freeport Parkway in Coppell, Texas. Plans provide for a
proposed warehouse/office/showroom facility, as shown on Plate 1. Typical column
loads are expected to be about 150 kips.
PURPOSE AND SCOPE
_ The purpose of this investigation was to develop specific geotechnical data at the site
of the proposed project by means of subsurface exploration and laboratory testing. This
_ report presents the results of the basic field and laboratory data and provides
recommendations to guide design and construction of foundations and paving for the
_ proposed warehouse/office/showroom facility. Recommendations to facilitate design and
construction were made based on the geological conditions and geotechnical
_ parameters obtained from the investigation. The interpretation of these data is
considered appropriate to the extent that the investigated locations are typical of
-- conditions present at the project site.
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geoscience cortsu|£ants
FIELD INVESTIGATION
-- The field or subsurface investigation conducted for this study consisted of advancir~g
eighteen (18) Nx-size core borings to depths ranging from 31 to 46 feet and five (5) soil
-- borings to a depth of about 8 feet below the existing ground surface. Seventeen (17'.)
of the core borings were advanced by means of a truck-mounted rotary drilling rig which '
-- employs dry augering techniques to advance borings to the top of the rock and emplo~,s
water as a drilling fluid in wash-rotary coring of the rock materials. One core borinc:j,
-- (Boring No. 18) was drilled dry and the unweathered shale materials present were tested_
insitu by means of a cone penetrometer. All of the soil borings for pavement were drilled
-- using dry augering techniques. The drilling was performed by a Henley-Johnston &
Associates, Inc. drill crew. The approximate locations of the borings drilled for this stuc3y
are indicated on the attached Plate 1. The borings were located-on' the site amd
elevations at boring locations were determined by Halff Associates. Inc. Ground surface
elevations are indicated on the attached "Log of Boring" illustrations.
The sampling techniques were dependent upon the type of material encounter~.::l.
Samples of cohesive soil and severely weathered shale encountered in the borings were
obtained utilizing a thin-walled, seamless, Shelby-tube sampler advanced into tt~e
soil/severely weathered shale by a rapid, continuous thrust from a hydraulic ram on tt~e
drilling rig. This technique generally conforms with ASTM D 1587.
Samples from the granular strata were obtained utilizing procedures of the Standard
Penetration Test (ASTM D 1586). This sampling technique employs a 140-poured
hammer, dropped 30 inches to drive a 2-inch O.D. sampler into the soil. The samF,ler
is initially seated six inches and then driven in two additional six-inch increments willie
recording the number of blows in each increment. The total number of blows in the '-~,~s~*
two six-inch increments, the "N" value, is recorded on the enclosed individual boring Io~_=s.
Refusal is defined as 50 blows in any one increment with 6 inches or less advancem~=-nt
_ of the sampler, 100 total blows or 10 blows with no advancement of the sampler.
HENL.EY
JOH NS'I'~)N
ASSOCIATES, IhqC.
englneerLng geoscience consu!t~.-.:s
The unweathered primary rock formation encountered in the borings was sampled with
-- a double-tube core barrel fitted with an appropriate cutting bit.
-- The Cone Penetration Tests performed in Boring No. 18 utilized procedures of the Texas
Highway Department Cone Penetration Test. This test consists of driving a 3-inch
-- diameter cone with a 170-pound hammer that drops a free vertical distance of 2 feet. The
test is conducted in two increments. The penetrometer is driven into the material being
-- tested 6 inches or 50 blows per each i_ncrement, depending upon which occurs first. The
resulting penetration is recorded in inches at the appropriate elevation on the "Log of
Boring" illustration.
All soil samples and selected rock samples obtained from the borings-were encased in
polyethylene plastic to prevent changes in moisture content and to preserve in situ
physical properties. All samples were classified as to basic type and texture in the field,
labeled as to appropriate boring number and depth, and placed in core boxes for
transport to the laboratory.
LABORATORY TESTING
Samples received in the laboratory were visually classified by an experienced
engineering geologist. All soil samples were classified in accordance with the Unified
Soil Classification System; rock core was classified using standard geologic
terminology. Terms and symbols used on the boring logs are described on the
enclosed sheet entitled "Legend, Lithology, Soil Consistency & Relative Rock Hardness."
To aid in the classification process, Atterberg Limits, Moisture Content, and Unit Dry
Weight were determined for representative samples. All of the above test data are
_ summarized on Plates 2 through 6. Atterberg Limits also are presented graphically on
the plasticity chart on Plate 7.
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geosc~ence consultants
The strength of each cohesive sample was estimated using a hand penetrometer. The
- results of these estimates are recorded graphically on the "Log of Boring" illustrations.
The strength properties of selected soil and shale samples were investigated by
- Unconfined Compression tests. In this test, axial load is applied to a laterally
unsupported cylindrical sample until failure occurs within the sample. These test data are
-- summarized on Plates 8 through 10 and stress-strain curves for the tests on severely
weathered shale are presented on Plates 11 through 25. Tangent Modulus values
computed from these tests are noted on the stress-strain plots and are summarized on
Plates 8 through 10.
The volume change characteristics of the near-surface deposits were investigated in the
laboratory by conducting four Absorption Pressure and Swell tests-on" selected soil
specimens. This test type provides a measure of the maximum pressure that may be
expected to be generated when the soil sample is exposed to water and restrained from
movement and a measure of the free swell when vertical restraint is reduced to 200 psf.
The results of these tests are summarized on Plate 26 and presented graphically on
Plates 27 through 30.
Resistivity and pH tests were determined for selected soil samples to provide information
on corrosion potential. The method used for pH determination was in general
accordance with the procedures of ASTM D 4972. Resistivity was determined using a
Miller Soil Box and Nilsson 400 Resistivity Meter in general accordance with the
_ laboratory method in ASTM G57. The results of these tests are presented on Plate 31.
SUBSURFACE CONDITIONS
Warehouse/Office/Showroom Area
_ The site of this investigation is in the Coppell, Texas, area and primary sediments at the
site have been identified as strata of the Eagle Ford Shale Formation. The specific
_ types, depths, and thicknesses of materials penetrated by the borings are reflected on
the individual "Log of Boring" illustrations. In general, from the ground surface down to
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geoscience consul£anrs
a depth of about 12 to 13 feet, the overburden soils present at the site are alluvial soil
-- units deposited during past geologic processes of Grapevine Creek. These materials are
silty clays, slightly sandy with a few scattered small gravel, brown in color and hard in
- consistency. The Atterberg Limits show these soils to be high plasticity clays which are
potentially subject to moderate to high volume changes with variations in soil moisture
-- content, in their current moisture condition, the soils have a high potential for expansion.
.~,~ the location of Boring No. 16, severely weathered strata of the Eagle Ford-Shale
Formation were encountered at the ground surface. Four other borings, Borings No. 4,
5, 6 and 13, encountered granular materials at the 18 to 24 foot depth range, overlying
the shale strata.
Below the silty clay soils, the primary formation, shale of the Eagle Ford Shale Formation
of Cretaceous Age, was encountered. The upper portion of the shale is severely
weathered, jointed, thinly laminated, calcareous, silty, slightly sandy, with traces of
gypsum, dark brown, light brown and brown and tan in color and firm in rock hardness.
This severely weathered zone was encountered to depths of 30 to 35 feet (except for
Boring No. 16). These severely weathered shale strata are high plasticity materials which
are subject to high volume changes with variations in moisture content. Weathered shale
extends below the severely weathered strata to depths of about 20 to 35 feet. The
unweathered portion of the shale is thinly laminated, calcareous, silty, slightly sandy, gray
in color and moderately hard in rock hardness. The shale extends to the maximum 46.5-
foot depth explored.
Parking Area
At the soil boring locations, Boring Nos. 19 through 23, surface soil consisting of silty
_ clay, slightly sandy with a few scattered small gravel, brown in color and hard in
consistency is present to the 8-foot depth investigated. The Atterberg Limits show that
_ these soils are high plasticity materials and potentially subject to moderate to high
volume changes with variations in soil moisture content. In their current moisture
_ condition, the soils have a high potential for expansion.
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geoscience consultants
'5-
Water Levels
_ Water levels in the open boreholes are noted on the appropriate "Log of Boring"
illustrations and indicate that water level presently is about 19 to 30 feet below existing
_ grade. Water is probably present in fissures and joints in the weathered shale. The
groundwater level should be expected to fluctuate with seasonal variations in rainfall.
FOUNDATION DESIGN CONSIDERATIONS
- Based on the information obtained from this investigation, we recommend that structural
loads for the warehouse/office/showroom structures be supported on straight-walled,
- auger-excavated, cast-in-place concrete piers based in the unweathered, firm to
moderately hard, gray shale below about 31 to 36-foot depth below existing grade.
-- These depths correspond approximatelyto Elev. 486 to 492. We recommend that these
piers extend at least two feet into the gray unweathered shale. Alternatively, structural
-- loads may be supported on drilled-and-underreamed piers based at least 15 feet below
existing or final grade, whichever is deeper. This depth will correspond approximately
- to El. 506.
-- Allowable loading intensities for end bearing stress transfer and side shear stress transfer
on straight-shaft piers in the unweathered shale have been developed utilizing equations
derived from the Theory of Elasticity; average strength values from the Unconfined
Compression tests; a factor of safety of 3; and may be summarized as follows:
End Bearing Stress Transfer = 14.5 tsf
Side Shear Stress Transfer, Compression = 4.6 tsf
Side Shear Stress Transfer, Tension = 2.3 tsf
Side-shear stress transfer is limited to the perimeter portion of the pier shaft in intimate
contact with the unweathered shale formation, below the base of any temporary casing
required to install the shafts. For design purposes, the upper two feet of the gray shale
should be neglected in capacity computations.
HENLEY
JOHNSTON
& ASSOCIATES, INC,
__ [ engtnee.~n.2 geoscience cons',,dtant$
The side shear values provided are directly applicable only for isolated dr-;,;ed shaft
- foundations separated in plan by a clear distance of at least two shaft diamet~;s. If this
spacing cannot be maintained, this office should be contacted so that additic, -~I studies
can be accomplished and reduced design values developed.
Drilled-and-underreamed piers based at the depths previously mentionec may be
proportioned using an allowable net bearing pressure of ,!.,!.00 psf. We recom ',,end that
the bell to shaft ratio not exceed 2.5 to 1 and-.that the underreams not exce~-: 8 feet in
diameter.
The near surface clays and severely weathered shale to be penetrated by the ~iers have
a potential for expansion and could subject the shafts to uplift forces ~ :-~used by
expansion of the adjacent materials. We recommend that the piers be design~---d to allow
for uplift from the expansive clays of 1500 psf on the shaft area above 12-fo~-' depth.
We estimate that total and differential settlements of piers in the Eagle F-~rd Shale
Formation designed and constructed in accordance with these recommendati(:~ns will be
small fractions of an inch. For drilled-and-underreamed piers based in the s~--'~, ng clays
_ or severely weathered shale, we estimate that total settlement will be less thc---r,. 1/2 inch
and that differential settlement will be approximately one-half of the total se~ment.
CONSTRUCTION PROCEDURES
_ Each pier installation should be vertical (within acceptable tolerances), place:_ in proper
plan location and cleaned prior to concrete placement. Reinforcing steel ca_~-s should
_ be prefabricated in a rigid manner to allow expedient placement of both -~teel and
concrete into the excavation. It is essential that drilling and the placement cr ~oth steel
- and concrete be completed in a continuous operation. In all cases, no pcr'~..:9n of the
stratum being counted on to provide structural support should be ~:,~osed to
- atmospheric conditions for more than four (4) hours following the completicr- of drillin~c
prior to the placement of the concrete.
HENLEY
-'DHNSTON
_ & ASSO~J. ATES, INC.
[ engineering geoscie~-~c~ consultants
-7-
Based on the boring information, we anticipate that, in at least the eastern portion of the
-- site, temporary casing will be required to control groundwater seepage or caving in the
severely weathered shale and overburden soils for straight-shaft piers extending into the
-- unweathered shale. Casing should be available on site in case it is needed. The casing
should be installed a sufficient distance into the bearing stratum to insure a watertight
-- seal. After the satisfactory installation of any temporary casing, the required shaft
penetration may be excavated by machine auger within the casing in a conventional
manner.
If the groundwater level is above the base of any temporary casing being utilized,
extreme care should be maintained at all times to insure that the head of the plastic
concrete is higher than the static groundwater level outside the c~i~g. In actual
practice, it is desirable that the head of the plastic concrete be appreciably above
the static groundwater level prior to breaking of the seal between the temporary casing
and the bearing stratum. Once the seal is broken, the temporary casing may be slowly
removed in a vertical direction only (no rotation permitted) while additional concrete is
elevated to the top of the casing and placed through a tremie in order to connect with
the existing concrete contained within the lower portion of the shaft.
We believe that casing will not be required for installation of drilled-and-underreamed
piers based at the recommended depths.
_ In order to verify compliance with specifications and acceptability of the bearing stratum,
a qualified and experienced geotechnical observer familiar with design details should be
_ present at all times during each pier installation.
FLOOR SLAB AND GRADE BEAMS
Structural elements in direct contact with the natural clay soils or severely weathered
_ shale strata will be potentially subject to movement associated with soil moisture
variations. Based on the data developed by this study, the structure will be underlain by
HENLEY
JOHNSTON
__ & ASSOCIATES, INC.
{. engineering geoscience consultants
silty clay soils and severely weathered shale of high plasticity and high volume change
_ potential. The magnitude of movement will vary depending on sustained pressure, soil
moisture levels at the time of construction, and moisture variations actually experienced
_ following construction.
-- Potential Vertical Rise (PVR), computed by Texas Highway Department Method
TEX-124-E, for ground supported slabs indicate potential heave on the order of about 0.6
-- to 1.6 inches for the wet condition and 1.6 to 4.1 inches for the dry condition. The
results of heave computations using the Absorption Pressure and Swell tests indicate
-- potential heave estimated to be 8 inches or more. These results indicate that the surficial
clays have a high potential for heave if good drainage is not established or if a leak from
-- a broken sewer or water pipe occurs. We estimate the present moisture content of
surficial soils at the site to be between the dry and average moisture conditions, and
-- estimate that the PVR is about 1.4 to 3.5 inches if these conditions are maintained prior
to construction.
We recommend that grade beams and/or wall panels spanning between foundation piers
-- be structurally separated from the underlying soil surface by a physical void of at least
12 inches. The void may be formed using cardboard carton forms. The forms should
- be trapezoidal in shape to provide protection along the sides of the void or protection
boards must be placed to keep the void open after the carton forms deteriorate. Backfill
along the outside of exterior grade beams or panels should be on-site clay soil
compacted as recommended in the "Earthwork" section of this report.
The high swell potential of the soils and weathered shales at this site indicate that any
soil-supported floor system will experience differential movements related to swell or
shrinkage of these foundation materials as their moisture contents vary. Because of this,
only a structural floor system separated from the ground surface by a physical void will
preclude movements of the floor. We recommend that such a floor system be separated
from the ground surface by a void of at least 12 inches. If a crawl space is created
HENLEY
JOHNSTON
& ASSOCIATES, INC.
~ ~ engineering geoscience consvllan~s
-9-
between the floor and soil surface, the soil surface should be sloped to drain to sumps
or other outlets for water.
_ If a soil-supported floor system is considered, we recommend an extensive soil
management program to lessen the effects of potential heave. We recommend that soii ,
_ replacement or a combination of soil replacement and added fill be used to reduce th~
potential heave. The replacement fill or added fill should be select fill consisting of sandy
-- clay with a Liquid Limit less than 35 and a Plasticity Index between 6 and 15. We
recommend that the surface below any select fill be sloped to drain to points at least 1 ¢
-- feet outside the building footprint. To enhance the performance of the near-surface soils.
water injection of the subgrade may be considered. The effects of select fill and water
- injection at the site are indicated on Plate 32. These data indicate that to limit th~
potential movement to less than I inch, water injection to 10-foot depth and 4 feet cf
-- select fill over the site will be required.
-- We recommend that the site be graded so that the thickness of select fill remains
relatively uniform across the site. However, we also recommend that the top of the
-- water-injected subgrade be slightly sloped across the site (approximately 0.25 inch in 1 ~
feet) so that any excess moisture accumulating in the select fill will migrate to a Iow are-~.
- to be collected and removed from beneath the structure.
-- All earthwork should be carried out in accordance with the recommendations in the
"Earthwork" section of the report. Good positive drainage must be established to move_
surface water away from the structure and the risk of heave or settlement from brokc-~
pipes or other water sources must be considered.
UNDERGROUND UTILITY INSTALLATIONS
We recommend that all utility trenches be sloped to drain to points at least 10 fe~;
outside the building footprint. Utilities installed in select fill may be bedded in ar,-I
backfilled with layer-compacted select fill; utilities installed in on site soils or severe;,y
HENLE'"
JOHNSTO~
& ASSOCIATES, INC-.
engineering geoscience consuha,-tF_~
-10-
weathered shales should be bedded in impermeable materials and backfilled with
_ processed and layer-compacted on site materials.
PAVEMENT AND SIDEWALKS
After the soil surface in areas to be paved has been brought to grade, the performance
_ of pavement can be enhanced by treating the clay soils exposed at grade to a depth of
about six (6) to eight (8) inches with hydrated lime for use as sub-base. Subject to
_ modification during construction, a hydrated lime content of~six (6) percent_by dry soil
weight (approximately 6 pounds of lime per cubic foot of soil treated) would be expected
_ to effectively treat the subgrade soil.
-- Soils treated with hydrated lime for use as sub-base should be compacted.to a minimum
~'_,. value of 95 percent of the maximum density as defined by Texas Highway Department
- Test Method TEX-113E and at a moisture content at least two (2) percentage p_oin_t_s
above the Optimum Moisture Content. ~'his requirement is important in minimizing
- post construction movement and in assuring complete hydration of the lime treated soils.
-- In pavement areas to receive lime treatment, it should be noted that sulfate content of
the soil is indicative of the potential for sulfate-induced heave. When the site is at grade,
- samples of materials to be lime treated should be tested to estimate sulfate content.
Current information is that sulfate contents greater than 0.2 percent may indicate the
-- potential for lime-induced heave. Plans should be made prior to construction for the
direction that will be taken if significant amounts of sulfate are found in the lime-treated
-- soil section.
- --We recommend that a bond breaker, such as a thin polyethylene sheet, be placed
between the pavement and the prepared soil surface. We recommend that a sand
leveling layer n.._ot be used. The ground surface should be shaped to drain away from all
paved areas so that surface water will move rapidly away from the pavement. Pavement
grades should be established in anticipation of some vertical movement associated with
expansion or shrinkage of the near surface clay soils.
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geoscience consu/~artts
The following minimum pavement sections have been developed for y~.~_.Jr considera.~on:
ASPHALTIC CONCRETE
Light Vehicular Traffic (Parking Lots. Drives. Etc.)
1-1/2 inch HMAC Surface Wearing Course
3 1/2 inch HMAC Base Course
6 inch Compacted Lime-treated Subgrade
Heavy Vehicular Traffic (Service Drives. Trucks. Etc.
1-1/2 inch HMAC Surface Wearing Course
5 inch HMAC Base Course
8 inch Compacted Lime-treated Subgrade -- .
---REINFORCED CONCRETE
Light Vehicular Traffic (Parking Lots. Drives. Etc.)
_ 5 inch Reinforced Concrete Paving (Re-Steeh #3 -~:
18 inches on center)
_ ~ 6 inch Compacted Lime-treated Subgrade
_ Heavy Vehicular Traffic (Trucks, Service Drives. Etc.
7 inch Reinforced Concrete Paving (Re-Steeh #3 a:
-- 18 inches on center)
6 inch Compacted Lime-treated Subgrade
In the event reinforced concrete paving is used, it is essential that any ~' ,d all reinfcr~--r~g
-- be placed so as to insure a minimum of 11/2-inches of cover. It is b~;i~ved that c~---- or
more of the above suggested pavement sections may be entirely suits--:.~ for use c~ ~'~is
-- project. Selection of the proper section should be based on anticic~_[=_d traffic
frequency, and long term maintenance, as well as project econor---_~s. In gs~--_-~, al,
-- asphaltic concrete sections have a lower initial cost, but requir~ more frec'.-~-nt
maintenance than the concrete surface.
HEN,, =-y
J OH NS'-'~N
& -~SSOCIATES. /~;.
-12-
EARTHWORK
Other earthwork recommendations are as follow:
1. Excavate and waste, or store for future use, organic top soil
deleterious materials.
2. Scarify soils and severely weathered shale exposed in fill areas
transitional areas (cut to fill and fill to cut) to a depth
approximately six (6) inches, add moisture (if required), mix
_ recompact to a density of 95 to 98 percent of the maximum densi.-..
obtained by the Standard Proctor Compaction Test (ASTM
_ 698). The moisture content of the compacted.soils should
maintained between optimum and plus four percent of the optim~r-
_ value (determined from ASTM D 698) until covered by fill or flocr
slabs.
3. Place fill soils in loose lifts not exceeding eight (8) inches arc
- compact to the moisture/density values specified in No. 2 above.
-- 4. If it is necessary to import material, the soils should be inorgar-lc
sandy clays, having a Liquid Limit less than 35 and a Plasticity Ind~.~
-- between 6 and 15.
-- CORROSION
The results of pH and resistivity tests to provide guidance on potential corrosicc
- problems with the soils at this site are presented on Plate 31. It is recommended t;'~_
the American Concrete Institute (ACI) Building Code serve as a general guide regard!.'-c_
-- the potential corrosive effects of on site soils on concrete. The potential corrosive effe...~
as applicable to underground piping should be addressed by a Corrosion Engineer.
-- general, the resistivity and pH results do not indicate the need for special corrosic,'-
protection of underground metal piping.
HENLE'o
JOHNSTON
& ASSOCIATES, IN(::.
engineering geoscience co:'.sui~.r_-~
In the event that any changes in the nature, design or location of the proposed structL~-.-re
_ are planned, the conclusions and recommendations contained in this report shall not :~e
considered valid unless the changes are reviewed and conclusions of this repc-:~
- modified or verified in writing.
-- The analyses and recommendations submitted in this report are based in part upon t..'-~...e
data obtained from twenty-three borings. The nature and extent of subsurface variation_
-- at the site may not become evident until construction. If variations then appear evide:
it will be necessary to reevaluate the recommendations of this report.
It is recommended that the soil and foundation engineer be provided the opportunity
-- general review of final design drawings and specifications in order that-earthwork arid
foundation recommendations may be properly interpreted and implemented in the desi,_~n
-- drawings and specifications.
-- We appreciate the opportunity to work with you on this phase of the project. Ples=_se
call us when we can be of further service during later stages of design or dunr-.~g
-- construction.
Respectfully submitted,
_ ~- ~ ...... :-....-.~ ~,
_ ...... .....
't,~-..~&~_,~,.~i'~2 John W. Johnston, P.E.
-- A.D. Henley, R.G.
Henley-Johnston & Associates, Inc.
_ LTS/JWJ:Its
HJA No. 6574 HENL~?
13 Mamh 1996 JOH NSTC~)~,
& ASSOCIATES, IN~.
__ ~ e~g~e~ geoscience co~u!~a~:
-14-
N H^VERTY FURNITURE COMPANIES, INC.
-- REGIONAL DISTRIBUTION FACILITY
BORING LOCATION PLAN
0 loo 200 400 HENLEY-JOHNSTON & ASSOCIATES. iNC.
~IBIiIiI I engineering geoscience consultonts
_ s~ PEE'"f ~,t,¢. No.: ~57~ ) PLATE 1
DATE: MARCH 1996
-- HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACIUTY
COPPELL~ TEXAS
SUMMARY OF INDEX PROPERTIES
_ BORING DEPTH LL PI MC DUW -200 UNIFIED SOIL
NUMBER (ft.) (%) (%) (pcf) (% finer) CLASSIFICATION
1 0.0-1.5 25.0
I 1.5-3.0 51 23 21.4 105.9 CH
I 3.0-4.5 19.0
I 4.5-6.0 50 26 18.1 CH
I 6.0-7.5 16.7
-- I 7.5-9.0 17.1
I 9.0-10.0 18.5
-- 1 14.0-15.0 31.3 93.9
2 1.5-3.0 20.1
2 9.0-10.0 23.0
2 19.0-20.0 32.5 91.0
3 3.0-4.5 21.3
-- 3 7.5-9.0 25.2
3 14.0-15.0 30.7 91.7
4 0.0-1.5 21.0
4 1.5-3.0 62 36 20.1 CH
4 3.0-4.5 19.5
4 4.5-6.0 28.3
-- 4 6.0-7.5 62 38 23.8 CH
4 7.5-9.0 24.8
-- 4 9.0-10.0 50 28 22.0 CH
4 14.0-15.0 25.9 99.8
-- 4 24.0-24.9 30.2 63.7
5 3.0-4.5 23.3
5 6.0-7.5 25.6
5 9.0-10.0 24.8
HENLEY
JOHNSTON
~ ASSOCIATES, INC.
engir~ee.~.~-~.g_'. geoscience consu!~a~
PLATE 2
-- HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACIUTY
COPPEI I, TEXAS
SUMMARY OF INDEX PROPERTIES
-- BORING DEPTH LL Pi MC DUW -200 UNIFIED SOIL
NUMBER (ft.) (%} (%) (pcf) (% finer) CLASSIFICATION
6 0.0-1.5 27.7
6 1.5-3.0 20.4
6 3.0-4.5 65 38 24.6 CH
6 4.5-6.0 26.7
6 6.0-7.5 25.0
6 7.5-9.0 55 32 24.5 CH
6 9.0-10.0 25.7
6 14.0-15.0 61 38 26.6 CH
6 29.0-30.0 19.1 7.1
7 1.5-3.0 19.1
7 9.0-10.0 23.7
8 0.0-1.5 18.6
-- 8 1.5-3.0 15.7
8 3.0-4.5 20.2
-- 8 4.5-6.0 65 34 21.7 104.5 CH
8 6.0-7.5 23.3
_ 8 7.5-9.0 23.4
8 9.0-10.0 58 32 23.4 100.7 CH
8 19.0-2. 0.0 32.0 91.4
9 3.0-4.5 16.9
-- 9 9.0-10.0 16.9
9 14.0-15.0 26.8 99.9
10 1.5-3.0 19.4 111.5
10 4.5-6.0 20.4
10 9.0-10.0 25.1
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geoscience cortsu!~ants
PLATE 3
-- HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACIUTY
COPPELL, TEXAS
SUMMARY OF INDEX PROPERTIES
-- BORING DEPTH LL PI MC DM -200 UNIFIED SOIL
NUMBER (ft.) (%) (%) (pc0 (% finer) CLASSlFICATIC.~N
11 0.0-1.5 22.9
11 1.5-3.0 16.2
11 3.0-4.5 55 33 17.1 CH
11 4.5-6.0 19.7
11 6.0-7.5 20.4
11 7.5-9.0 50 27 20.5 CH
11 9.0-10.0 18.9
12 3.0-4.5 20.3
12 6.0-7.5 22.5 109.2
12 9.0-10.0 19.6
12 14.0-15.0 27.2 96.8
12 24.0-25.0 32.8 89.9
-- 13 1.5-3.0 28.8
13 6.0-7.5 20.9
-- 13 9.0-10.0 23.0
13 14.0-15.0 19.3 111.1
14 3.0-4.5 19.5
14 7.5-9.0 25.6
14 14.0-15.0 35.6 88.0
_ 15 0.0-1.5 22.0
15 1.5-3.0 20.4
15 3.0-4.5 63 32 19.5 106.7 CH
15 4.5-6.0 21.2
15 6.0-7.5 25.2
15 7.5-9.0 24.9
HENLEY
JOHNS ,';TDN
& ASSOCIATES, II, NC.
engineering geoscience cortsu~t~'~nls
PLA\-I'E 4
-- HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACIUTY
COPPEU-, TEXAS
SUMMARY OF INDEX PROPERTIES
-- BORING DEPTH LL PI MC DUW -200 UNIFIED SOIL
NUMBER (ft.) (%) (%) (pcf) (% finer) CLASSIFICATION
15 9.0-10.0 23.2
15 19.0-20.0 29.1 92.9
-- 16 1.5-3.0 29.6
16 3.0-4.5 29.7 94.9
-- 16 4.5-6.0 68 40 27.7 CH (SHALE, wea.)
16 7.5-9.0 28.7
-- 16 19.0-20.0 29.9 93.3
17 1.5-3.0 51 28 18.1 CH
17 3.0-4.5 21.3 107.8
17 6.0-7.5 20.3
17 7.5-9.0 51 31 21.4 CH
17 9.0-10.0 20.3 109.7
-- 17 14.0-15.0 30.6 94.7
18 4.5-6.0 20.2
18 7.5-9.0 18.2
18 14.0-15.0 29.3 98.0
19 0.0-1.5 23.2
_ 19 1.5-3.0 50 26 22.1 CL
19 3.0-4.5 16.9
19 4.5-6.0 18.6
19 6.0-8.0 25.1
-- 20 0.0-1.5 22.0
20 1.5-3.0 18.8
HENLEY
JOHNSTON
& ASSOCIATES, INC.
__ [ engineering geosc~ertce constiltan~s
PLATE 5
-- HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACIUTY
COPPELL, TEXAS
SUMMARY OF INDEX PROPERTIES
-- BORING DEPTH LL Pi MC DUW -200 UNIFIED SOIL
NUMBER (ft.) (%) (%) (pcf) (% finer) CLASSIFICATION
20 3.0-4.5 57 32 17.4 CH
20 4.5-6.0 18.5 112.9
20 6.0-8,0 20.6
21 0,0-1.5 24.1
-- 21 1.5-3.0 19.4
21 3.0-4.5 62 36 19.8 CH
-- 21 4.5-6.0 21.3
21 6.0-8.0 22.9
22 0.0-1.5 20.3
22 1.5-3.0 18.9
22 3.0-4.5 18.1
22 4.5-6.0 46 26 16.4 CL
-- 22 6.0-8.0 17.7
23 0.0-1.5 24.0
23 1.5-3.0 62 37 22.5 CH
23 3.0-4.5 23.8
23 4.5-6.0 23.8
23 6.0-8.0 23.3
HENLEY
JOHNSTON
ASSOCIATES, INC.
engmeenng geoscience consul~.anrs
PLATE 6
- SUMMARY OF A-I"-I'ERBERG LIMITS
NOTE: FOR TABULATION OF DATA
REFER TO PLATES 2 THRU 6
HAVERTY FURNITURE .COMPANIES, INC.
REGIONAL DISTRIBUTION FACILITY
_ SUMMARY OF
A'n'ERBERC LIMITS
HENLEY-JOHNSTON &: ASSOCIATES,INC.
~ engineering geom:~ence conaultant=
ILIA NO,: 6.574
DATE ~,-~u: 03/03/95I PLATE 7
HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACIUTY
COPPELL, TEXAS
SUMMARY OF LABORATORY STRENGTH TESTS
PEAK FAILURE TANGENT
BORING DEPTH STRESS STRAIN MODULUS MATERIAL
NUMBER (ft.) (ps~ (%) (ksi) TYPE
I 14.0-15.0 19.6 3.1 1.84 SHALE, severely weathered, light
brown and tan
I 30.1-31.3 486.8 SHAI E, gray
I 34.0-34.7 289.3 SHALE, gray
I 38.0-39.0 425.4 SHAI F, gray
2 19.0-20.0 20.0 1.9 2.02 SHALE, severely weathered, light
tan and light gray
2 35.0-36.0 753.6 SHALE, gray
14.0-15.0 19.8 2.8 1.16 SHALE, severely weathered, light
tan and light gray
32.7-33.7 632.1 SHALE, gray
38.0-39.0 366.0 SHALE, gray
14.0-15.0 17.3 2.5 1.56 CLAY, silty, slightly sandy, tan and
gray
-- 4 35.6-36.5 390.0 SHALE, gray
4 43.0-44.0 165.6 SHALE, gray
5 39.6-40.4 582.8 SHALE, gray
5 44.9-46.0 318.6 SHALE, gray
6 36.2-37.5 361.3 SHALE, gray
-- 6 41.7-42.7 376.2 SHALE, gray
7 42.3-43.4 217.9 SHAI I=~ gray
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geoscience consulto.,~:s
PLATE 8
-- HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACIUTY
COPPELL, TEXAS
SUMMARY OF LABORATORY STRENGTH TESTS
-- PEAK FAILURE TANGENT
BORING DEPTH STRESS STRAIN MODULUS MATEF,[AL
NUMBER (ft.) (ps~ (%) (ks~ TYP:-
8 19.0-20.0 30.7 2.6 2.06 SHAI F, severely we~athered, tan
and light gray
_ 8 31.6-32.5 644.4 SHALE, gray
8 35.6-36.5 428.9 SHALE, gray
_ 8 41.7-42.8 126.9 SHALE, gray
9 14.0-15.0 26.5 5.6 1.20 SHALE, severely we~athered, tan
-- and light gray
9 32.6-33.6 267.6 SHALE, gray
10 32.2-33.0 364.2 SHALE, gray
10 37.4-38.4 379.9 SHALE, gray
11 31.0-32.0 548.0 SHALE, gray
_ 11 36.0-37.1 361.7 SHAI F, gray
12 14.0-15.0 17.7 5.4 0.87 SHAI 1=, severely weathered, tan
_ and light gray
12 24.0-25.0 13.0 3.5 0.67 SHALE, severely w,eathered, tan
and light gray
12 34.2-35.3 197.0 SHALE, gray
12 41.1 -42.0 250.7 SHALE, gray
13 14.0-15.0 38.0 14.4 1.19 CLAY, silty, slightly sandy, tan
13 31.3-32.0 277.6 SHALE, gray
13 37.0-38.0 158.1 SHALE, g ray
HENLEY
JOH NS ..'T~-~N
& ASSOCIATES, I1~.~.
engineering _.'~eoscience cor~: :---'~.~
PL"-'-~- 9
-- HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACIUTY
COPPELL, TEXAS
SUMMARY OF LABORATORY STRENGTH TESTS
_ PEAK FAILURE TANGENT
BORING DEPTH STRESS STRAIN MODULUS MATERIAL
NUMBER (ft.) (psi) (%) (ks~ TYPE
-- 14 14.0-15.0 16.9 4.8 0.85 CLAY, silty, slightly sandy, tan and
gray
14 32.5-33.5 279.8 SHALE, gray
14 41.2-42.6 239.5 SHALE, gray
-- 15 19.0-20.0 24.7 2.8 2.40 SHALE, severely weathered, tan
and light gray
15 35.7-36.6 487.0 SHALE, gray
15 38.4-40.0 655.2 SHALE, gray
-- 16 19.0-20.0 14.8 5.0 0.29 SHALE, severely weathered, tan
and brown to brown and gray
16 21.6-22.5 312.5 SHAI F~ gray
16 28.1-29.5 536.9 SHALE, gray
16 29.5-30.6 454.3 SHALE, gray
17 14.0-15.0 26.5 2.2 2.50 SHALE, severely weathered, tan
and brown to tan and light gray
17 32.0-32.9 583.8 SHALE, gray
17 37.0-38.0 190.1 SHALE, gray
18 14.0-15.0 38.9 5.7 1.79 SHALE, severely weathered, tan,
light brown, and gray
20 4.5-6.0 60.4 7.0 3.56 CLAY, silty, slightly sandy, dark
brown
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geoscience consultants
PLATE 10
- BORING NO.: 1
DEPTH (FI-): 14.0-15.0
_ SHALE, severely weothered,
light brown ond ton
25.0
_ 20.0
15.0
-
_ ~ 10.0
5.0
-- TANGENT MODULUS AT 50~
ULTIMATE STRESS:
1.84- KSI
-- 0.0 [ ~ I ] I [ [ [ [ I [ I [ [ [
0,0 1.0 2.0 3,0 4.0 5.0
AXIAL STRAIN
HAVERTY FURNITURE COMPANIES, INC.
TEST 'IYPE: UNCONFINED COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(ASTM D 2166)
_ UNCONFINED COMPRESSION TEST
STRESS-STRAIN PLOT
MOISTURE CONTENT ('~): ,31.3 HENLEY-JOHNSTON &: ASSOCIATES,INC.
DRY UNIT WEIGHT (P~: 9,3.9 eng;ne~,riflg geua~=~en~e ~naull:un~
HJA NO.: 6574 I
DATE It~u:J.J: 0;~/10/96 I PLATE 1 1
- BORING NO.: 2
DEPTH (IT): 19.0-20.0
_ SHALE, severely weathered.,~
light tan and light gray
i
25.0
-- O0 I ] ] [ I I I [ I
0.0 1.0 2.0 5.0
AXIAL STRAIN
HAVERTY FURNITURE COMPANIES, INC-.
TEST TYPE: UNCONFINE~ COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(AST~ D 2~ SS)
_ UNCONFINED COMPRESSION
STRESS-STRAIN PLOT
MOISTURE CONTENT C~}: 32.5 HENLEY-JOHNSTON x. ASSOClATES,INC-2.~
DRY UNIT WEIGHT (P~): 91.0 .ngin~rln~ g~=ien~
DATE [,-~.-.~. o~/lo/9~ PLATE 12
BORING NO.: 3
_ BEPTH (Fi-): 14.0-15.0
SHALE, severely weathered,
light tan and light gray
25.0
20,0 --
-- 15.0
~ 10.0
5.0
TANGENT MODULUS AT 50~
ULTIMATE STRESS:
_ 1.16 KSI
o.o ~ .o 2.o 3.0 4.0 5.0
- AXIAL STRAIN (~)
HAVERTY FURNITURE COMPANIES, INC
TEST 'fYPE: UNCONFINED COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
-- (ASTM D 2166)
UNCONFINED COMPRESSION TES-
STRESS-STRAIN PLOT
-- MOISTURE CONTENT ¢~): 30.7 HENLEY-JOHNSTON &: ASSOCIATES,INC
DRY UNIT WEIGHT (P{~I~: 91.7 .nglne~r{n,~ geoeo~,,,,... ~x~naul~'unt~
H,JA NO.-' 6574 I
-- DATE: It'~ll'~: 0;~/10/96 I PLATE 13
- BORING NO.: 4-
DEPTH (IRT): 14.0-15.0
_ CLAY, silty, slightly sondy,
f. an and gray
-- 20.0
15.0
LU 10.0
._1
-
_ _ NT MODULUS AT 50~
ULTIMATE STRESS:
- 1.56 KSI
_ 0.0 I J I I I I I I I I I I I I I
0.0 1.0 2.0 ,3.0 4.0 5.0
AXIAL STRAIN
HAVERTY FURNITURE COMPANIES, INC.
TEST 'fYPE: UNCONFINE]) COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(ASTM D 2166)
UNCONFINED COMPRESSION TEST
STRESS-STRAIN PLOT
MOISTURE CONTENT (~): 25.9 HENLEY-JOHNSTON ~ ASSOCIATES,INC.
DRY UNIT WEIGHT (P~I¢): gg.8 engine~Hng g~a=~n~e ~x~naultonfls
H~A NO,: 6574 J
DATE il:~l~"lJ= 03/10/96 J PLATE 14
- BORING NO.: 8
DEPTH (FT): 19.0--'0.0
_ SHALE, severely we-~thered,
ten end light gr?y
-- 40,0
~o.o - ~
20.0
_
10.0
-- - ULUS AT 50~
/ ULTIMATE STRESS:
-/ 2.06 KSI
0.0
-- ~ ~ ~ ~ I ~ ~ ~ ~ I ~ ~ ~ ~
0.0 1.0 2.0 = ~
AXIAL STRAIN (~)
HAVERTY FURNITURE COt~ANIE$, INC.
TEST 'iYPE: UNCONFINED COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(AS~ D
UNCONFINED COMPRF--'~-SION TEST
STRESS-STRAIN =LOT
MOISTURE CONTENT (s): 32.0 HENLEY-JOHNSTON ~ AE~OCIATES,INC.
DRY UNIT WEIGHT (P~: 91.4. engineering geoe=ien=~
HJA NO.: 6574 I
DATE 'll:~,~; 02/10/96
- BORING NO.: 9
DEPTH (FT): 1~.0-15.0
SHALE, severely weathered,
- ten end light grey
-- 30.0
-- ~' 20,0 ..
-
_
_ <~ 10.0
TANOENT MOOULUS AT 50~
-- ULTIMATE STRESS:
1.20 KSI
0.0 ~ ~ ' I i i i I I
0.0 2.0 4.0 6.0 8.0
AXIAL STRAIN
-- HAVERTY FURNrrURE COMPANIES, INC.
TEST TYPE: UNCONFINED COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(ASTM D 21 66)
UNCONFINED COMPRESSION TEST
- STRESS-STRAIN PLOT
MOISTURE CONTENT (~'): 26.8 HENLEY-JOHNSTON &: ASSOCIATES,INC.
DRY UNIT WEIGHT (P~le): g9.9 cng|near,n;
-- HJA NO.: 6,574
DATE ~,-~,',,: 0,~/10/96I PLATE 16
- BORING NO.: 12
DEPTH (FT): 14.0-15.0
SHALE, severely weathered,
- tan and light gray
-- 20,0
15.0
-
~_ 10.0
_ g
5.0
- MODULUS AT 50~
-- ! ULTIMATE STRESS:
-/ 0.87 KSI
0.0. , I I I ~ ' ~ I ~ ' I I ' ' ~
0.0 2.0 4.0 6.0 8.0
AXIAL STRAIN (~)
-- HAVERTY FURNITURE COMPANIES, INC.
TEST 'TYPE: UNCONFINED COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(,~s~ D 21 SS)
UNCONFINED COMPRESSION TEST
- STRESS-STRAIN PLOT
MOISTURE CONTENT (~3:27.2 HENLEY-JOHNSTON ,~ ASSOCIATES,INC.
DRY UNIT WEIGHT (P~F'): g6.B mngine~rin~ g~c'mnce mnaultenta
-- I-UA NO,: 6574 I
D~TE TESTF~: 0~/10/9G I PLATE 17
BORING NO.: 12
DEPTH (F-F): 24.0-25.0
SHALE, severely weathered,
- t. an and light gray
_ 15.0
_ ~ 10.0 _.
-
- GENT MODULUS AT 50~
-- _ / ULTIMATE STRESS:
- 0,67 KSI
- o.o .1.o 2.0 ~.o 4.o 5.0
AXIAL STRAIN
HAVERTY FURNITURE COMPANIES, INC.
-- TEST 'IYPE' UNCONFINi~ COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(ASTId D 21§6)
UNCONFINED COMPRESSION TEST
_ STRESS-STRAIN PLOT
MOISTURE CONTENT (~): 32.8 HENLEY-JOHNSTON & ASSOCIATES,INC.
DRY UNIT WEIGHT (P{~F~: 8g.9 engineering geoac~erme c~nsurconta
_ PUA NO.: 6574
ok'rE ~r.:)JP,J: 03/10/96
- BORING NO.: 15
DEPTH .(Fl'): ~4,0-~5,0
_ CLAY, silty, slightly sandy,
tan
-- 40.0
,30.0
-
~: 20.0
10.0 -
_ _ TANGENT MODULUS AT
ULTIMATE STRESS:
- 1.19 KSl
-- 0.0 ' ' ' ' I I ~ ~ ~ I ' I I I I ' ' I i
o.o 5.0 ~ o.o 15.0 zo.o
AXIAL STRAIN
HAVERTY FURNITURE COMPANIES, INC.
TEST ~YPE: UNCONFINED COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(ASTM D 21ss)
UNCONFINED COMPRESSION TEST
- STRESS-STRAIN PLOT
MOISTURE CONTENT (~): 19.3 HENLEY-JOHNSTON ~ ASSOCIATES,INC.
DRY UNIT WEIGHT (P{;F~): 11 1.1 eng|neeHng
I-UA NO,: 6574 I
- BORING NO.: 14
DEPTH (FI'): 14.0-1 2..0
_ CLAY, silty, slightly s.m_ ndy,
t(]n (]nd gr(]y
- 20.0
15.0
-'
~ 10.0
_
5.0
_ TANGENT MODULUS AT 50~
ULTIMATE STRESS:
0.8.5 KSI
_ 0.0 [ [ [ I [ I I I [ I [ I I [
^X[^L STR^[N (~)
HAVERTY FURNITURE COMP~,"d~EES, INC.
TEST 'IYPE: UNCONFINED COMPRESSION TEST REGIONAL DISTRIBUTION --':'..--.'"~'~ILITY
(ASTM D 2166)
UNCONFINED COMPRES$;:~--NN TEST
- STRESS-STRAIN P',
MOISTURE CONTENT ('5): .35.6 HENLEY-JOHNSTON ,',,' ASSC~.,,.mATES,INC.
DRY UNIT WEIGHT (Pb~: 88.0
HJA NO.: 6574 [
DATE ~: 0;~/10/96 I PLA~ 20
- BORING NO.: 15
DEPTH (FT): 19,0-20.0
_ SHALE, severely weathere6.,i
tan and light gray
25.0
_ 20.0
~ 15.0
-
- ~ 10.0
-
5.0
-- - MODULUS AT
- ,/ ULTIMATE STRESS:
_/ 2.40 KSI
_ 0,0 , I I , I ' I ~ , I ~ ' ' ~ I ' I , , I ~ '
0.0 1.0 2.0 ~.0 4.0 5.0
AXIAL STRAIN
HAVERTY FURNITURE COMPANIES, INr__.!
TEST 'PFPE: UNCONFINED COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(ASTM D 2166) .
_ UNCONFINED COMPRESSION TE5
STRESS-STRAIN PLOT !
MOISTURE CONTENT ('~): 29.1 HENLEY-JOHNSTON &: ASSOCIATES,INF':!
DRY UNIT WEIGHT (P~: g2.9 engineering gma~mJenc~ oonaurmnta
DATE lr.~lr.u: 03/10/96 PLATE 2.1
- BORING NO.: 16
BEPTH (F-r): 19.0-20.0
_ SHALE, severely weathers--',
tan and brown to
brown and gray
-- 2.0.0
~S.O
10.0
§.0
_ _ MODULUS AT 50~
/ ULTIMATE STRESS:
-/ 0.29 KSI
_ 0.0 ' ~ ' I ' ' ~ I ' ~ ' I ~ I ,
0.0 2.0 4.0 6.0 8.0
AXIAL STRAIN (~)
-- HAVERTY FURNITURE COMPANIES,
TEST TfPE: UNCONFINED COMPRESSION TEST REGIONAL DISTRIBUTION FACII.r~"
(ASTM D 2166)
UNCONFINED COMPRESSION '--',~
- STRESS-STRAIN PLOT
MOISTURE CONTENT ('~): 29.9 HENLEY-JOHNSTON ~ ASSOClA'r~...~'<3.
HJA NO,: 6574 J
DATE I~,m~,n 0;~/10/96 J PLATE
- BORING NO.: 17
BEPTH (FT): 14.0-15.0
_ SHALE, severely weathered,
tan and brown to tan
and light gray
30.0
25.0
-- --~- 20.0
'" 15.0
-- ~ 10.0
5.0
- / ULTIMATE STRESS:
- 2.50 KSl
-- 0.0 ~ , I I I I I , I I ~ ~ I ,
0.0 1.0 2.0 5.0
AXIAL STRAIN (~)
HAVERTY FURNITURE COMPANIES, INC.
TEST '[YPE; UNCONFINED COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(ASTM D 2166)
_ UNCONFINED COMPRESSION TEST
STRESS-STRAIN PLOT
MOISTURE CONTENT (~): ;50.6 HENLEY-JOHNSTON &: ASSOCIATES,INC.
DRY UNIT WEIGHT (P{::I~: 94.7 engJrmerln9 9~oac~enc~ oon~uEanta
HJA NO.: 6574 J
DATE I~.=~,]: 0.3/10/96 I PLATE 23
- BORING NO.: 18
DEPTH (FT): 1 4.0-15.0
_ SHALE, severely weathered,
tan, light brown, and
gray
-- 40.0
~5.0
30.0
~ 25.0
LU 20.0
__. 15.0
_
10.0 i
5.0 GENT MODULUS AT 50~
ULTIMATE STRESS:
1.79 KSI
0.0 , , i I ~ ' ~ I ~ ' ' I '
0.0 2.0 4.0 6,0 8.0
AXIAL STRAIN
-- HAVERTY FURNITURE COMPANIES, INC.
TEST 'WPE: UNCONFINED COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(ASTM D 2.166)
UNCONFINED COMPRESSION TEST
- STRESS-STRAIN PLOT
MOISTURE CONTENT {~: 29.3 HENLEY-JOHNSTON &: ASSOCIATES,INC.
DRY UNIT WEIGHT (P{3~: g8.O engineering gec~c=~ence
-- HJA NO.: 6574
DATE '~c~m~,]: 0;~/10/96~ PLATE 24
- BORING NO.: 20
DEPTH (IT): 4.5-6.0
_ CLAY, silty, slightly sondy,
dork brown
- 80.0
60.0 --
0._ -
w 40.0 --
_
20.0 --
-- TANGENT MODULUS AT 50~
ULTIMATE STRESS:
- .3.56 KSI
0.0 i i i i I ' i , ~ I m a ~ i I ~ I i i I I ' ~ I ''
0.0 2.5 5.0 7.5 10.0 12.5
AXIAL STRAIN (~)
HAVERTY FURNITURE COMPANIES, INC.
TEST 'IYPE: UNCONF1NI:'n COMPRESSION TEST REGIONAL DISTRIBUTION FACILITY
(ASTM D 2186)
UNCONFINED COMPRESSION TEST
STRESS--STRAIN PLOT
MOISTURE CONTENT [~): 18.5 HENLEY-JOHNSTON &: ASSOCIATES,INC.
DITI' UNIT WEIGHT (PCF): 112.9 mng|rmerin~ ~eoao~ence
~ NO.: 6574 I
DATE Ic,~leu: 0;~/I0/96 I PLATE.
HAVERT~ FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACIUTY
COPPELL, TEXAS
SUMMARY OF PRESSURE - SWELL TESTS
_ SWELL
BORING DEPTH SWELL PRESSURE MATERIAL
NUMBER (ft.) (%) (psf) DESCRIPTION
-- I 1.5-3.0 7.28 9442.2 CLAY, sitty, slightly sandy, with
scattered small gravel, very stiff to
hard, dark brown
8 4.5-6.0 6.99 7890.0 CLAY, silty, slightly sandy, with
scattered small gravel, hard, dark
-- brown
8 9.0-10.0 3.08 2328.2 CLAY, silty, slightly sandy, with
-- scattered small gravel, very stiff,
tan and light brown
-- 15 3.0-4.5 9.14 11123.7 CLAY, silty, slightly sandy, with
scattered small gravel, hard, dark
gray
HENLEY
JOHNSTON
ASSOCIATES, INC.
engineertng geoscience cor~sul~an~
PLATE 26
- BORING NO.: 1
DEPTH (FI-): 1.5-5.0
CLAY, sdty, slightly san:dy,
MOISTURE CONTENT: dark brown
BEFORE (~): 21..4 .AFTER (~): 27.6
UNIT DRY WEIGHT ~,pcf~): 105.9
-- UQUID LIMIT (~): 51
PLASTIClT¢ INDEX: 25
-- 10.0
-r- 6.0
~ 4.0
Z
<~ _
0 _
2.0
0.0
1 O0 1000 10000
VERTICAL PRESSURE (psf)
-- HAVERTY FURNITURE COMPANIES---, INC.
REGIONAL DISTRIBUTION FACILLITY
_ PRESSURE-SWELL T---ST
HENLEY-JOHNSTON z- ASSOCIATe,INC.
-- HJA NO,: 6574 I
DATE Ir_:~l~,J: 0;~/05/96 PLATE Z7
- BORING NO.: 8
DEPTH (FT): 4.5-6.0
_ CLAY, s~lty, slightly sandy,
MOISTURE CONTENT: dark brown
BEFORE (~): 21:7 .AFT'ER (~): 27.4
UNIT DRY WEIG.HT (,pcf): 104.5
-- LIQUID LIMIT (~): 65
PLASTICITY INDEX: 34-
- 10,0
8.0
_ ,~ -
· -r 6.0
~ 4.0
z
~ _
_
2.0
6LO
1 O0 1000 10000
VERTICAL PRESSURE (psf)
HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACILITY
- PRESSURE-SWELL TEST
HENLEY-JOHNSTON &: ASSOCIATES,INC.
engineering ge, o,~ien~,e ,~onmul'Lor'd:~
i"kJA NO.: 6574 I
DATE: II:.:blPIJ: 02/05/96 I PLATE 28
- BORING NO.: 8
DEPTH (FT): 9.0-'" O.O
- CLAY, silty, .slightly- sondy,
MOISTURE CONTENT: tan and light bp'own
BEFORE(x): 23:4 .AFl'ER (~): 27,5
-- UNIT DRY WEI.G.HT ~pcf~: 100,7
UQUID LIMIT (~): 58
PLASTICITY INDEX: 32
T _
z -
W
~ 2.0
Z
1 O0 1000 1 CO00
VERTICAL PRESSURE (psf)
HAVERTY FURNITURE CC~,tPANIES, lNG.
REGIONAL DISTRIBUTiCh,, FACIUTY
- PRESSURE-SW--_-L TES-
H,-,r~LEY-JOHNSTON & ,a,~SOClATES,I~.C...
I-IJA NO.: 6574
DATE lC~H',]: 0;~/05/96
- BORING NO.: 15
DEPTH .(FT): 3.0-4.5
_ CLAY, s~lty, slightly sandy,
MOISTURE CONTENT: dark gray
BEFORE(z): 19:5 .AFTER (~): 28.1
UNIT DRY WEI~.IJl' (,pcf): 106.7
-- UQUID LIMIT (~): 63
PLASTICITY INDEX: 32
-- 10.0
~~ 6.0
~ 4.0
· ~ _
~ _
_ \
2.0
\
_ 0.0
1 O0 1000 10000 100000
VERTICAL PRESSURE
HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACILITY
- PRESSURE-SWELL TEST
HENLEY-JOHNSTON &: ASSOCIATES,INC.
eng~n.er~ng geo~¢|en~e ~onaul~nt~
HJA NO,: 6574 I
DI~TE l~.~ll-m~. 0~/0,.~/96 I PLATE ,:30
-- HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACIUTY
COPPELL~ TEXAS
SUMMARY OF CORROSION POTENTIAL TESTS
BORING DEPTH RESISTIVITY MATERIAL
NUMBER {ft.) pH (ohm~m) TYPE
-- I 1.5-3.0 7.2 1112.5 CLAY, silty, slightly sandy, with
scattered small gravel, very stiff to
hard, dark brown
15 3.0-4.5 7.3 1335.0 CLAY, silty, slightly sandy, with
scattered small gravel, hard, dark
-- gray
18 0.0-1.5 7.6 1223.8 CLAY, silty, slightly sandy, with
-- scattered small gravel, vehj' stiff to
hard, brown
HENLEY
JOHNSTON
& ASSOCIATES, INC.
engineering geoscience consultants
PLATE 31
o~c'co 10 FEET WATER INJECTION
~ NO WATER INJECTION
,5.0
0.0 ~ , , ,
0.0 2.0 4.0 6.0 8.0 10.0
DEPTH OF SELECT FILL (FEET)
-- HAVERTY FURNITURE COMPANIES, INC.
REGIONAL DISTRIBUTION FACILITY
- DEPTH OF SELECT FILL
NOTE: 'INJECTION' INDICATES 10 FEET
OF WATER INJECTION BELOW HENLEY-JOHNSTON ,~' ASSOCIATES,INC.
SE1 F~'"I' FILL engille~ll"ing 9~clen~e :mn=ultanb=
-- HJA NO.: 6574 I
DATE ~r.~u-,c 03/I,T/96 I PLATE 32
CLASSIFICATION CONSISTENCIES AND
SYMBOLS ABBREVIATIONS HARDNESS DESCRIPTIONS
-- abnt. abundant
SOIL eng. angular FOR SANDS, GRAVELS, & SANDY SILTS
oren. or~aceous Peck, Hanson & ~ornburn (1974)
erg. argillaceous
-- Asphalt or Lignite bdd. bedded Standard Penetration
:; .. bdg. bedding Consistency Resistance N
- ~. bent. bentonite
': ·: Concrete
· .::, bldr. boulder Very Loose Less than 4
~ ~c.~ BT Brazil Tensile Loose 4 to 10
Fill cole. calcareous Medium 10 to 30
corb. carbonaceous Dense 30 to 50
:..~'W;.. Grovel or Sandy cbl. cobble Very Dense Greater than .50
-- '~ GW Gravel cgl. conglomerate
.. o.-~ well (imded clst. cloystone
Gravel or Sandy cm~,. cemented FOR CLAYS & SANDY CLAYS
GP Gravel dia. diameter (COHESIVE SOILS)
W1" poorly oraded dk. dark
- OM Silty Groyel or DUW Dry Unit Weight p,ck. Hanzon. & Thornb~-n (1974)
Siity Sandy Gravel El. elevation
Clayey Gravel or fossil, fossiliferous Unconfined Standard Penetration
GC Clayey Sandy frae. fracture Consistency Compresslon tsf Resist. once N
-- Gravel gyp. gypsiferous
· '~, Sand or Gravelly incl. inclusion Very Soft Less than 0.25 Less than 2
-~, SW Sand intbdd, interbcdded Soft 0.25 to 0.5 2 to 4
.~'~' well qroded int. joint Medium 0.5 to 1.0 4 to 8
.'?'~;:'-~ ..,. Sand or Gravelly lam. laminated Stiff 1.0 to ~.0 - 8 to 15
-- '~¢~' SP Sand
· c.;..,j poorly qroded EL Uquid Umit Vet7 Stiff 2.0 to 4.0 t5 to $0
It. light Hard Greater than 4.0 Oreo[er than 30
· ~ ~ MC Moisture Content
· ,'-' SM Sand
Silty Gravelly Sand ME Modulus of
-' Clayey Sand or BastJcity RELATIVE HARDNESS MODIFERS (ROCK)
SC Clayey Gravelly med. medium
Sand min. minutes (RELATED TO FRESH SAMPLE)
Sits, Sandy Silts, mod. moderately Modified from SCS tWP. Tach Gulde NO. +
-- M L Gravelly SilLs, or nod. nodule
Diatomaceous Soils
~c~ Clays, Sandy acc. occasional Hardness Rule of Thumb Test
CL ' or Gravelly port., particle
Clays Pen. Penetrometer Soft Permlts denting by moderate
-- Organic Silts or phos. phosphatic finger pressure
,Il,OL Lean Organic Clays Pi Plas"~clty Index
!Il py. pyrJtized Rrm Resists denting by fingers but
M H Micaccous Oays or Qu Unconfined can be penetrated by pencil
-- Diatomaceous Sail Compression point to medium to shallow
Rec. recove~ depth (No. 2 pence)
~at Cla~s md. rounded
ROD Rock Quality Mod. Hard Very shallow penetration of
-- Dee;gnoMon pencil point, con be scratchec
OH Fat Organic Clays sat. saturated by knife and in some
sept. septorian instances cut with knife
ROCK s~. severely
_ sil. siliceous Hard No penci', penetration, can be
eft. slightly scrotche~ with knife, can be
elk. slickensided broken by light to moderate
Ls
Umestone
. T.D. Total Depth hammer blows
_ --- v. very
S h Shale wee. weathered Very Hard Cannot be scratched by knife.
can be broken by repeated
~-~.- heavy hammer blows
· I- - Mart
-- '-r-~'- HAVERTY FURNITURE COMPANIES, INC.
::::::: Ss Sandstone REGIONAL DISTRIBUTION FACILITY
::::::: LEGENB, UTHOLOGY, SOIL CONSISTENCY,
-- %'% Fracture Zone & RELATIVE ROCK HARDNESS
· HENLEY-JOHNSTON & ASSOCIATES, INC.
~ Weathered Zone engineering geoscience consultants
--
HJA No.: 6574
DATE: MARCH 1996
H[NL[Y-~(YrlNS'TON & ASSOCtKITr. S, INC. LOC Of' BORING PROJECT No.: 6574
_ "~"~"g g""~'"~ '=""~"HAVERTY FURNITURE COMPANIES, INC. BORING No.: 1
DR,'L D^~: 02/27/96 REGIONAL DISTRIBUTION FACILITY SHEET I of 2
UE'~tO0:. ~ ~J~E/SPUr SPOON LOCATION: SEE PLATE 1
~o 30.0', ,x co~E ~o ~o.~ COPPELL, TEXAS CROU,D ELEVATION: +524.8
--J L~J
.. ~_ MATERIAL DESCRIPTION <~ ~,~0~,~
¢I_~Y, silty, slightly sandy, with ~
scattered ~moll grovol, vory s~iff to
hard, dark brown ×
_ -- 2.5 X
520.6
X
-- CLAY, silty, slightly sandy, with
- 5.0 scettered small grovel, herd, ton
end light brown X
- 7.5 X
X
-- X
'-- SHAKE, severely weathered, jointed,
--Z thinly laminated, calcareous, silty,
_ slightly sandy, firm, light brown and X
-~5.o --- tan to ton and gray
T
-- -- 20.0 I ×
to
-- 22.5 --'~-~- blockage
-- '-~---i /SHALE, weathered, jointed, thinly I at 22.0'
.-~I-.' ! laminated, calcareous, silty, slightly~ 03/04/96
-:----TJ sandy, firm, tan and brown to ~ 500.3
'---- I brown X
HB~"Y-JOHN~ON & ASSOCIATES, INC. lOG OF BORING PROJECT No.: 6574
_ -¢,,,,~,~0,,~,,,~,~,"~" HAVERTY FURNITURE COMPANIES. INC. BORING No.: 1
D,~LL ~TE: 02/Z7/96 REGIONAL DISTRIBUTION FACILITY S,E~r 2 of 2
U~OD: ~ ~BE/SP~ S~ON LO~: SEE P~TE 1
~ ~o.o'. ,~ cml m ~.~ COPPELL. TEXAS GROUND E~ATION: ~524.8
~ ~ CORE
~ ~ ~ MATERIAL DESCRIPTION ~ ~ ~ oooooo
~2 S~[, weothered, jointed, thinly
_ }2~ Iomincted, colcoreous, silty, slightly
--- sondy, firm, ton ond brown to
~- brown
-5:-
-30.o -y~- SHAk[, thinly Iominoted, colcoreous, 10 30.0'
-- ~ silty, slightly sondy, moderotely hord,
~ ~roy
~ Y~ ....
-- 32.5
-=0---
~hi~h on~le frocturo
-- high ongle frocture
high ongle frocture
-- 37.5
.-- ~high ongie frocture
-
-- 40.0
TOTAL DEPTM: 40.0'
-- 42.5
-
-- 45.0 --
-- 47.5 -- I
HL'kLr~ & ASSOClk~:5. INC. L~ O~ B(~INC PROJECT No.: 6574
_ ~=~ ~'~"~=~ HAVER~ FURNITURE COUPANIES, INC. BORmNC No.: 2
~RmL~ OA~[: O~/n/~ REGIONAL DISTRIBUTION FACILI~ SHE~ ~of 2
M~D: ~ ~BE /~ S~ LO~: SEE P~TE 1
~ ~.o.. ,x cml m ~.~ COPPELL, TEXAS OROUNO ~ATION: ~523. I
-
~ CO R E ~ ~ ~+
INRL~ ~ ~
C~Y, s~l%y, sl~ghUy s~ndy, w~[h
sco%teFed smoll g~ovel, hoFd, doFk
-- brown X
_ -- 2.5 X
X
515.9
X
-- 7.5 CLAY, silty, slightly sandy, with
-- scattered small gravel, very stiff,
light brown to ton and light gray X
-- X
-- 10.0
Dry to
- 12.5 blockage
at 1 2.0'
509.6 03/04/96
-- ---!i SHALE, severely weathered, thinly
laminated, calcareous, with traces
-- - 15.0 --- of gypsum, firm, light tan and light X
.u_--~ gray
×
--22.5 --i-~q /SHALE, weathered, jointed, thinly
-_~_-- ~ laminated, calcareous, silty, slightly
-- ~'-- ~ sandy, with gypsum filled joints,
:---'TJ firm to moderately hard, brown andt
'----"~/ gray with ton seams [ 498.5
X
H~LEY-,JOHNSTO~I & ASSOOA1ES. NC. LDG OF BORING PROJECT No.: 65'74
_ ,.¢.,,~,~ ~,o,~,.~ :,.,¢~.~ HAVERTY FURNITURE COMPANIES. INC. BORING No.: 2
DRILL DATE: 02/'22/96 REGIONAL DISTRIBUTION FACILITY SHE[-r 2 of 2
METHOD: 9{ELBY 11BE /SPLFI SPOON LOCATION: SEE PLATE
To 26.0'. ,, co, E To ~.~ COPPELL. TEXAS GROUND ELEVATION: ±52~.'
~ o~ ~, MATERIAL DESCRIPTION -<:~ ~
-- SHALE. weathered, jointed, thinly SET
_ '_--,~ laminated, calcareous, silty, slightly TO 26.0'
--- sandy, with gypsum filled joints,
~-~- firm to moderotoly hard, brown and
_ --27.5 -- gray w~th tan seams
'-- SHALE, thinly laminated, calcareous,
-- i-_------.~ silty, slightly sandy, moderately hard,
-- 35.0
-- TOTAL DEPTH: 36.0'
-- 37.5 --
-- 40.0 --
I i
-- 42.5 --
-- 45.0 --
-- 47.5 --
H~[_rY-~JOHI~"'TON & A~OClAT[-S, INC. LOC ~ ~ING PROJ~ECT No.: 6574
_ ,,~,~ ~a HAVER~ FURNITURE COMPANIES, INC. BOF~N~ No.: 3
DRILL ~TB 02/21/96 REGIONAL DISTRIBUTION FACILI~ SHE=:. l of 2
a~ ~ ~E/SP~ S~N LO~Z~ON: SEE P~TE '
~ ~.~...x c~E ~ ~.~ COPPELL. TEXAS GROLUND E~ATION: ~-'- '
~ ~ CC>RE ~=~ ~ -
~ MATERIAL DESCRIPTION ~
C~Y, silty, slightly sandy, with
scattered small grovel, hard, dark
-- brown ~.
_ - 2.5 I ;~
X
-- 7.5 ,514.4
-- CLAY, silty, slightly sandy, with
scattered small grovel, very stiff, X
light brown and tan
-- X
-- 10,0 -
- 12.5
-- 508.7
SHALE, severely weathered, thinly
--~l laminated, calcareous, with traces
-- -- 15.0 ---- of gypsum, firm, light tan and light X
~_--~_- gray
-- 17.5
-- 3-] i Dry to
- - I biockc ze
'----' ~ ct i~-.-'
-- -- 20.0 ._-~_
_ [:_---:
-- 22.5 --%---
_
HBIIi'Y--JOI~ON & ASSOCIATES, IHC. LOG OF BORING PROdECT No.: 6574
_ ..¢...~.g,.o.~.~ ~..~.~ HAVERTY FURNITURE COMPANIES. INC. BORING No.:
DRILL DATE: 02/21/96 REGIONAL DISTRIBUTION FACILITY SHE~ 2 of 2
u.rrHOD: S~E].BY llJBE/SP!JI' SPOON LOCATION: SEE PLATE 1
to 30.5.. ,. co, E ~o ~.o. COPPELL. TEXAS GROUND ELEVATION: +522.2
-J bJ
.. ~_ MATERIAL DESCRIPTION <~
-- SHALE, severely weothered, thinly
~--~ Iominoted. coleoreous, with troces
-'~---__ of gypsum, firm, light ton ond light
- - gFoy
-
.-i-_ [ 492.7 SET CASING
-- 30.0 _.~_-__L_ SHALE, weothered, .jointed, thinly TO 30.O'
-- Iominoted, colcoreous, silty, slightly 491.7
~5--_:i I sondy, with gypsum filled joints. /
-- firm, brown
~-_~ SHALE, thinly Iominoted, colcoreous,
- 52.5 --- silty, slightly sondy, moderotely hord,
7.5 7.5
TOTAL DEPTH: 4-1.0'
-- 42.5 --
-- -- 45.0 --
-- 47.5 --
H~L/rY-JOHN~'OI~ & ASSOC,[S. INC. LO(; OF BORING PROJECT No.: 6574
-- ..¢"-~.~.:~'.~.,~.~ HAVER'[Y FURNITURE COMPANIES, INC. BORING No.: 4
DRILL DAT~ 02/17/96 REGIONAL DISTRIBUTION FACILI~ su~ ~of z
U~OD: ~ ~/S~ S~ LO~: SEE P~TE 1
m 3~.~', ,~ ~ m ..~' COPPELL, TEXAS GROUND E~ATDN: ~52~ .~
- ~ CORE ~~-'
~ ~ MATERIAL DESCRIPTION ~
~Y, sil~7, ali~htly sondT, with
~co~torod smoll ~rovol, hard to ve~
-- stiff, dork grey X
_ -- 2.5 X
X
-- 514.5
CLAY, silty, slightly sandy, with
- 7.5 'scattered small gravel, very stiff, X
_ light brown and ton
512.7
CLAY, silty, slightly sandy, with X
scattered small grovel, hard to very
-- stiff, tan and gray .,
-- 10.0
sand increases with depth
-- --12.5 ~
-- -- 15.0 X
- [
-- 17.5
-- -- 20.0 X
-- 22..5 408.1
-- ~ SAND, clayey, silty, very dense, ton , 50
(42,53//5
HI~I.L"Y-JOHN~ & ~OClAT[S, INC. LOG OF' BORING I PROJECT No.: 6574
_ ..¢.-~.gg...~..~=~¢~.u HAVERTY FURNITURE ^~--~--,.-UUMP, ANIEb, INC. BORING No.: 4
D.,LL D^T[: o2/w/g~ REGIONAL DISTRIBUTION FACILITY SHEET 2 of 2
I, tE'I'HOD: ~ I~I~E/SPI.~ SPOON D r- LOC. AT]ON: SEE PLATE 1
m 3,~.s., ,, CO,E ~0 ..S' CO, Pr_LL, TEXAS CROU,D ELEVATION: +521.0
~ o -, MATERIAL DESCRIPTION
~ S^ND. cloyoy, silty, vory donse, ton Dry to
_ ~ blocko§o
at 25.2'
02/26/96
.:;.~;.~.'.SAND, grovelly, silty, slightly cloyey, + 70 BPF
_ .:.,-~.:..,..:very dense, ton (30,52,38)
'---'-3 SET CASING
:_-_- SHALE, [hinly Iomin<3ted, c(31coreous, TO 34.0'
-- --- silty, slightly s~ndy, moderetely hord,
-- 35.0 ----
- - grey
frocture
-- 40.0 --
-_-II~
-- -45.0 -- TOTAL DEPTH: 44.5'
-- 47.5 --
HI~It. EY~JOHI, IST~ & .,~SSOCIATES, INC. LOG ~ BORI~ PR~E~ No.: 6574
· .~ ~-~ ~ HAVER~ FURNITURE COMPANIES, INC. BORING No.: 5
~RILL DATE: 02/le/~0 REGIONAL DISTRIBUTION FACILI~ SHE~ l of 2
N~OD: ~ ~/SP~ S~N LO~: gEE P~TE '
~ 36.5'. ,x C~E ~ ~.5' COPPELL, TEXAS GROUND E~ATION: ~-- ..2
~ ~ ~ MATERIAL DESCRIPTION
~cn~red ~mnll gravel, h~rd, dn~k
-- brown
-- 2.5
-- 51 6.3
-- 5.0 CLAY, silty, slightly sondy, with
scattered small gravel, very stiff, X
_ light brown
514.0
X
-- 7.5 CLAY, silty, slightly sandy, with
-- scattered small gravel, very stiff,
ton end light grey X
-- X -10.0 sand increases with depth J
-
-- 12.5
V
-- 15.0
- 17,5
X
-- - 20.0
-- 22.5
-- 497.6
SAND, silty, very dense, tan ~-70 BF--
,~ (30,32...38)
HB~L~-Y~O~O~ & ~OC~'~, INC. ~ ~ ~m~ PR~E~ No.: 6574
~¢,~g ~,~ ~ HAVER~ FURNITURE COMPANIES, INC. BORING No.: 5
oRmLt O*~E: o2/~/*~ REGIONAL DISTRIBUTION FACILI~ SHE~ 2 of Z
~OB: ~ ~E /SP~ S~ON ~mm~.. LO~ON: SEE P~TE '
~ ~63', Hx CORE ~ ~3' UU~KLLL, TEXAS GROUND E~ATION: ~5~'
~ ~ CO R E ~ ~ ~
~ o ~ MATERIAL DESCRIPTION ~ ~
;"'"' SAND, silty, vo~ d~nso, ton
'B~ to
-- 27.5 --~'~'.'~
.:~: ,. ot 28.'
~'~"~' SAAB, ~rove!ly, "~ = 5-' '~"
-- shay, ve~ dense, ton --
- 30.0-~¢}~,~ (23.50/5-'
2.?.~
~ :~.~. - .
~.-,~.~:
-- 32,5 --""=N;
(23,28.2 =~
-
-- $5,0 --
~- SHALE, thinly laminated, calcareous, TO 36.C'
-- -%- silty, slightly sondy, moderotely hord,
- - ..o
I -- 10.0 10.0
- 45.0
- - - 474.7
~ ~ TOTAL DEPTH: 46.5'
- 47.5 -
HENLEY-JOHNSTON & ASSOCIA1[S, INC. LO(; OF BORING PROJECT No.: 6574
· "~,-~"g ~0,~,,~, ~,,~'".u HAVERTY FURNITURE COMPANIES. INC. BOmN¢ No.: 6
DRILL DATE: 02/1~/96 REGIONAL DISTRIBUTION FACILITY SHEET 1 of 2_
~ETHOD: SHB. SY TUBE/SPUT SPOON LOC. AT]ON: SEE PLATE 1
~o 34.0'. ,~ CORE ~o ~.o' COPPELL, TEXAS GROUND ELEVATION: +521.5
- ~ $ CORE ~ '~" r~,
~_~ o~ ~_ MATERIAL DESCRIPTION ~'~
CLAY, silty, slightly sandy, with
scattered small limestone fragments,
-- very stiff to hard, dark brown X
-- 2.5 518.5 ×
CLAY, silty, slightly sandy, with
scattered small gravel, very stiff,
light brown X
- 5.0
X
514,5
- 7.5 CLAY, silty, slightly sandy, with X
_ scattered small gr~vel, hard, light
brown and tan
X
-- X
-- 10.0
510.7
CLAY, silty, slightly sandy, with
-- scattered small grove!, very stiff,
tan and light gray
-- 12.5
-- --15.0 .-r',,~l_L_ X
-- 17.5
', X
-- -- 20.0 i
_I
-- 22.5 498.5
-- CLAY, very sandy, slightly silty, very
stiff, ton and light gray W.L.=24.4'
/SAND, silty, slightly clayey, very dense), V 02/26/96
J ton \. 496.6 X
HBII.L'Y~OI, I &/~SOClAE$, INC. LO(; 0~- BORING PROJECT No.: 6~74
_ ..~,,.~ ~.~..:. ~...~.~ HAVERTY FURNITURE COMPANIES, INC. BORING No.: 6
~,,~ ~: o2/~,/~ REGIONAL DISTRIBUTION FACILI~ s,~ 2 of 2
~OD: ~ ~E/SP~ S~N LO~: SEE P .... 1
m ~.0', ,x cm~ m ..~ -COPPELL, TEXAS CROU~D E~TeV,: *S2~ .S
z
CORE i,,,~ :i ~
~ 0
m ~ MATERIAL DESCRIPTION ~i ~'~
..'~:....~,SAND,tan silty, slightly clayey, ye. dense. + ~8..27,38)
- 27.5 -~"~','t. ~95.6
-- ~ SAND, slightly silty, with smoli 9rovel,
:';~:' ve~ deflse, ton
_ ,:r~.,'[ i
.+. ~.-.~
-- --' .... + 50 BiOWS
_ ~[;~;j. (35..50/5")
~:_ SHALE, thinly laminated, calcareous,
_ ~- silty, slightly sandy, moderately hard,
- 35.0 ~:_ ~ gray
C~' ~ Iow ~n~le fracture
-- _~-
- ,7.s --~ I
-
10.0 10.0
- o.o
-- 42.5 ~-
477.5 ,
TOTAL DEPTH: 44.0'
-- 45.0 --
HI~II.[Y--,JOHh%-'TON & ,~0~IAT[S, INC. LOG OF. BORING PROJECT No.: 6574
,,~,,,~,g ~,o,~,,~ ~0,,~,~ HAVERTY FURNITURE COMPANIES. INC. BORING No.: 7
-- -DRILL DATE: 02/19/96 REGIONAL DISTRIBUTION FACILITY SHEET 1 of 2
~ETHOD: SI-IB. BY YJBE/SPLIT. SPOON LOCATION: SEE PLATE 1
To 30.0., ,x co,[ TO 43.5' COPPELL, TEXAS OROUND ELEVATION: -+521.5
--
oq 0 IN~1R~ lEST (---
~_~ o _~ MATERIAL DESCRIPTION
CLAY, silty, slightly sondy, with
scattered small grovel, very stiff to
-- hard, dark brown X
-- 2.5 X
X
-- 7.5 X
513.1
CLAY, silty, slightly sandy, with X
scattered small grovel, very stiff,
tan and light brown X
-- 10.0
-- i2.5
-- -- 15.0 X
-- 17.5 504.0
._~- SHALE, severely weathered, jointed,
~ -- thinly laminated, calcareous, silty,
'---' slightly sandy, with traces of W.L=Ig.3'
-- J gypsum, firm, ton to light brown ~7 02/26/96
'--'-- ! and gray X
~ -- 2~.0 ---._~ '
-- 22.5
×
H ~[N[_FY~STON & ASSOCIAI[S. INC. LO(; O~ BORING PRO~ECT No.; §574
,.g;,,~., ~o,~..:, =.,~.~ HAVERTY FURNITURE COMPANIES. INC. BORIN(~ No.: 7
_ D,,L D^TE: 02/19/g6 REGIONAL DISTRIBUTION FACILITY s,m 2 of 2
uETHOD: SHELBY TUBE/SPLIT SM)ON LOCAllON: SEE PLATE 1
TO 30.0', Iix (:ORE TI) 43.5' COPPELL, TEXAS GROUND ELEVATION: '+.521.5
u') 0
-- SHALE, severely weathered, jointed,
_-2¢ thinly laminated, calcareous, silty,
--- slightly sandy, with traces of
__ ~ypsum, firm, tan to light brown
'---'. and gray
'~-' SHALE, weathered, iointed, thinly
.._-___-~.__~laminated, calcareous, silty, slightly
sandy, firm. brown to tan and brown 491.5 X
-- -30.0 .~-? J~SHALE, thinly laminated, calcareous, SET CASIN(;
\ silty, slightly sondy, moderately hard, ~ TO 30.0'
\ groy - -
-~ sFghtly weathered
32.5 -N. high angle froeturo, }ran stainad
~ --high angle fracture, iron stained
- - 5.0 5.0
r--'_ 478.0
-- TOTAL DEPTH: 4.3.5'
-- 45.0 --
-- 47.5 --
HENLPf-JOHNS'TON & ASSOCIATES, INC. LOG Or- BORING PROJECT No.: 6574
_ ,~""~"g ~=~,"~ ~'-~"~ HAVER~Y FURNITURE COMPANIES, INC. BORING No.: 8
DRILL DATE: 02/20/96 REGIONAL DISTRIBUTION FACILITY SHEET l cf
I~ETHOO: 9ElJY TUB[/SPLIT SPOON LOCATION: SEE PLATE 1
TO 3,.0'. ,x CORE TO 44.~ COPPELL. TEXAS GROUND ELEVATION: 4-522.4
,0 ~ CORE
,, ~_ MATERIAL DESCRIPTION ---
CLAY, silty, slightly sandy, with '
scattered small grovel, hard, dark
brown X
_ -- 2.5 X
X
515.4
- 7.5 CLAY, silty, slightly sandy, with X
-- scattered small grovel, very stiff,
tan and light brown
X
-- 10,0 X
Dry to
blockage
-- at 1 0.0'
02/26/96
-- 12.5
508.9
'---- SHALE, severely weothered, thinly
- --~!i laminated, calc~]reous, silty, slightly
-- - 15.0 sandy, with traces of gypsum, firm, X
~-_--~_- tan and light gray
- 17.5 ----
_
-'-_T
- _ 0.o x
~-_--.
-- 22.5 --'---'
_
HE]CLEY.-~DHI~TON & A,.~o~TE;So INO. LO~ Oi:' BORIN¢ PROJECT No.: 5~,574
· .~.,*~ ~,~..~ ~..~.~ HAVERTY FURNITURE COMPANIES, INC. BORING No.: 8
D.,L, D^?E: 02/20/.6 REGIONAL DISTRIBUTION FACILITY S.E[T 2 of
METHOD: S~E1.BY TU~E/SPLIT SPOON LOCATION: SEE P:~ATE 1
To :~.o', .,, cO.[ ro ,..o, COPPELL, TEXAS (;ROUND ELEVATIO:,N: t-522.4
1
ET m° -~ MATERIAL DESCRIPTION
'~-~-' SHALE, severely weathered, thinly
_--¢ laminated, calcareous, silty, $1kjhUy
-- --- sandy, with traeo~ of gypsum, firm,
.---- 4~$.5
._-_. '-X tan and light gray /
-27.5 '~.._~.~ SHALE, weathered, jointed, thinly
-- lamipated, calcareous, silty, slightly
._--_- sandy, with gypsum filled joints,
~._~-~ firm, tan and §ray
-- ,30.0 --._..: 491.9 SET CASING
------ SHALE, sl}ghtly weathered, thinly TO .30.5'
-- laminated, calcareous, silty, sl[ghU7 ....
i~_~ sandy, moderately hard, gray
32.5
--~ 2' 480.7
__-_- SHAt.[', thinly laminated, calcareous,
~_-i'-I- silty, slightly sandy, moderately hard,
_ gray
-- 35.0 ---- 8.0 8.0
_
-- 37.5 --'--'-'
%--_-
-- __-- high angle fracture
-._-<
-- r- high anale fracture
-- 40,0 --.'_-_-_- J
. -- -,__L_.
-- 5.0 5.0
L.-__- 479.4
TOTAL DEPTH: 44.0'
-- -- 45.0 --
-- 47.5 --
HB~[Y~JOH~STON & ASSOCIATES, ~lC. L~ ~ BORING PR~E~ No.: 6574
_ ,,~,-~ ~,~,~ ~a~ HAVER~ FURNITURE COMPANIES. INC. BORING No.: 9
-DRILL DAT~ 02/22/96 REGIONAL DISTRIBUTION FACILI~ SHE~ lei 2
M~OD: ~ ~E/SP~ S~ON LO~: SEE ~TE 1
~ ~.0'. ,x CORE ~ ~.~ COPPELL, TEXAS GROUND E~ATDN: ~523.5
~ ~ CORE ~ a~a ~"
o ~ MATERIAL DESCRIPTION ~ ~ ~m~
C~Y, silty, slightly sdndy, with '
~ scattered smell grovel, herd, ddrk
brown X
_ -- 2.5 X
X
51 6.5
-- 7.5 CLAY, silty, slightly sandy, with X
-- scattered small grovel, herd, ton
X
-- X
-- 10.0
-- 12..5
510.3
u-_'--]-- SHALE, severely weathered, thinly
-- -----~_L laminated, calcareous, silty, slightly ' X
- 15.o --- sondy, with traces of gypsum, firm,
~_---~_- tan end light gray
- 17.5 ~-_-_ Dry to
-- .-)_--] blockage
C-Z- at 1 8.0'
o3/o4/9 :
-- - 20.0 - X
_
-- ~:~-~ /SHALE, weot. hered, jointed, thinly
.--_-_.1~ / laminated, calcareous, silty, slightly
-~-~-~--~ sandy, with gypsum filled joints,
_ '---1 I J firm, brown and tan 498.6 X
H[Nt_rY.~ON & A..~IT.S, INC. LOG OF BORING PROJECT No.: 6574
_ .,,~,~g ~,,~"~ '~'"~,~, HAVERTY FURNITURE COMPANIES, INC. BORING No.: 9
DRILL DATE: 02/22/96 REGIONAL DISTRIBUTION FACILITY SHEET 2. of 2
MEII-IOD: $HB. EF lUBE/SPt.lf SPOON LOCATION: SEE PLATE 1
TO 31.0% Hx COEE TO 41.(7 COPPELL, TEXAS GROUND ELEVATION: +523.5
-- SHALE, weathered, jointed, thinly
_ '_--~. laminated, calcareous, silty, slightly
· -- sandy, with 9ypsum filled joints,
'~--_- firm, brown and tan
-- 4-92.9 SET CASING
'-~-~ SHALE, thinly laminated, calcareous, TO 31,0'
.~__-_ silty, slightly sandy, moderately hard, - '
_-_- gray
-- TOTAL DEPTH: 41.0' i
-- 42.5 --
-- 45.0 --
I 47.5 --
RI~LL~-JOHNSTON & KSSOC~t.S. INC. L~ ~ B~NG PR~E~ No.: 6574
~n.~g ~e~~M~n~ HAVER~ FURNITURE COMPANIES, INC. BORING No.: 10
DRILL DATE: 02/27/96 REGIONAL DISTRIBUTION FACILI~
U~OD: ~ ~E/S~ ~ L~ON: SEE P~TE
~ ~o.o'. ,, CORE m ~.~ COPPELL, TEXAS C~UND E~ATDN
~ ~ CORE i~~
E~ o ~ MATERIAL DESCRIPTION
C~Y, silty, slightly sondy, with
scottered small gravel, ve~ stiff to
-- herd, dark brown X
-- 2.5 v
X
X
517.7
CLAY, silty, slightly sandy, with X
_ scattered small gravel, very stiff, X
-10.0 light brown Grid tan
-- 12.5 513.5
----- SHALE, severely weathered, thinly
'---' laminated, calcareous, silty, slightly
!Z sandy, firm. ton to ton and light
-- -- 15.0 ---- brown ×
i-_-~ Dry to
- - blockace
_ ------ at 10.C'
r
--22.5 --i-~-.' /SHALE, weathered, jointed, thinly \
_ ~-- J laminated, calcareous, silty, slightly\ 502.8
:_ ~ sandy, with traces of gypsum and
gypsum filled joints, firm. tan and
brown to brown
H[NLEY-,JOHNSTON & A~SOCIA,~r.S, INC. LOC-- OF BORING PROJECT No.: 6574
_ ..¢..~ ~o,~.~...,,~.~ HAVERTY FURNITURE COMPANIES, INC. BORING No.: 10
DRILL DATE: 02/27/96 REGIONAL DISTRIBUTION FACILITY s.Err 2
I~ETHO0: SA~BY IUBE/SPLIT SPOON LOCATION: SEE PLATE 1
m ~o.o'. ,x COR£ m ~0.~ COPPELL, TEXAS GROUND ELEVATION: ±526.3
MATERIAL DESCRIPTION
o ~.ooo0
-- SHALE, weathered, jointed, thinly
~_-.~ laminated, calcareous, silty, slightly i
-- .-- sandy, with traces of gypsum and
"--~- §ypsum filled joints, firm, tan and
'---- brown to brown
496.5 X
-3o.o SHALE, thinly laminated, co!careous, sffr CASING
~I_-~ LA silty, slightly sandy, moderately hard, TO 30.0'
:----' ~'~high angle fracture
-- --32.5--~_-_~_-'T~troce (1/4")ton weathering
'---' --high angle fracture
:'--- -'"'high angle fracture
-- - - 486.3
-- 40.0 ~
TOTAL DEPTH: 40.0'
- 42.5 -
-- -- 45.0 --
-- 47.5
HI~LrY--,IOAflST(~I & ,aSSOCiATES. ~IC. LOC OF BORING PROJECT No.: 6574
_ e.¢,,,,~ ~ ,:o,,,,,~,,- HAVERTY FURNITURE COMPANIES. INC. BORIN¢ No.: 11
DR'L' O~.TE: 0Z/26/.6 REGIONAL DISTRIBUTION FACILITY s.[~r l of 2
I, IETHOD: SHEtEf ~BE/$P~ SPOON LOCATION: SEE PLATE 1
m ~.o.. ,x co.[ m ~.o' COPPELL, TEXAS GROUND' ELEVATION: :t:527.-
CLAY, s[It~, slightly sondy, with
scattered small ~rovol, hard, dark
-- brown X
- 2.5 X
X
521.0
CLAY, silty, slightly sandy, with
scattered small grcvel, very stiff, X
-- 7.5 light brown and tan
X
-- X
-- 10.0
-- 12.5
-- 509.6
7--- SHALE, severely weathered, jointed,
_'--[~-~-!Z thinly laminated, calcareous, silty,
-- - 15.0 -- slightly sandy, firm, light brown and X
~-_-~. tan to tan and gray
-_%_-.,
-- 17.5 ---¢i Dry to
_ blockage
.---J at 1 7.6'
- -=0.o _ _ I
-- 22.5 --'---'
-
%_--.
r::::T x
HI~t.[Y~ON & ASSOCIA~T_S. INC. LOG OF BOR=NG PROJECT Ncc.: 6574
_ ,,¢,,~g g,o,~,~, =,,,~.~ HAVERTY FURNITURE COMPANIES. INC. BORING Nca.: 1 1
DRILL DATE: 02/26/96 REGIONALDISTRIBUTION FACILITY SHEET 2 o.-- 2
I, IE'n-IOD: ~EI.BY I'U~[/SPI.E SPOON LOCATION:
~o 3~.o', ,, co.£ ~o 4,.o' COPPELL, TEXAS GROUND E ~'-VATION:
z
(z') 0
m ~ MATERIAL DESCRIPTION ~ ~'~-~-'
'~---- SHALE. se¥oroly weothered, loin'ted.
_ '_--,~ thinly laminated, calcareous, silty.
--~ slightly sandy, firm, light brown end
'------ ton to ton
end
§roy
_ --27.5 --~_~_~ with gypsum filled joints below 25'
- - 496.8 SET CAS
-- !-----~:'I SHALE, thinly laminated, calcareous, TO 31.:'
silty, slightly sandy, moderately herd, --
_ _ gray
- - 486,$
-- TOTAL DEPTH: 41.0'
- 42.5 --
-- 45.0 --
-- 47.5 --
HI34LrY.-JOHNSTOH & ASS0ClAI[S, NC. LOG OF BORING PROJECT No.: 65--:4
_ ,,¢,.~,,~,.~.,.,,t.,,. HAVERTY FURNITURE COMPANIES, INC. BORING No.: -2
DRILL DATE: 02/23/96 REGIONAL DISTRIBUTION FACILITY SHEET 1 of 2
UETHOO: 9'IB.BY fUSE /SPU'[ SPOON LOCA~ON: SEE PLA~ 1
TO 32.0'. N, CO, E TO *ZO' COPPELL. TEXAS GROUND ELEVATION: -524.4-
ET o .-., MATERIAL DESCRIPTION
i CLAY, silty, slightly sandy, with
_ scattered small grovel, very stiff to
hard. dark brown X
_ - 2.5 X
X
- 7.5 ' ;:
516.1
CLAY, silty, slightly sandy, with X
scattered small gravel, very. stiff,
-- tan and light brown X
-- 10.0
- 12.5 ~
509.8
- ~5.0 ----- SHALE. severely weathered, thinly
'---' iaminated, calcareous, silty, slightly
sandy, with traces of gypsum, firm,
-- ton and light gray
-- -- 20.0 --.__ X
HB, ILLrY~ON & ASSOC~,~ES. IN~. LO(; 0¢ BORON(; PROJECT No.: 6574
_ .¢,~., ¢=,~..= ~,~u.~, HAVERTY FURNITURE COMPANIES, INC. BORING No.: 12
D.~L, D^T£: OZ/23/ge REGIONAL DISTRIBUTION FACILITY SHE~ 2
METHO0: ~ 11JBE/SPUT SPOON LOCATION: SEE PLATE 1
-to 3z.0'... c0~r ~0 4z~ COPPELL. TEXAS GROUND ELEVATION: 4-524.4
~ o _, MATERIAL DESCRIPTION
-- SHALE, severely weathered, thinly
'--~ laminated, calcareous, silty, slightly
-"--- sandy, with ~traces of gypsum, firm,
~_-~- tan and light gray
-- '---~- 492.8 SET CC.SING
TO 32.0'
---_- SHALE, thinly laminated, calcareous,
- 32.5 -'-%-- silty, slightly sandy, moderately hard,
-- - - gray
- 42.5 - TOTAL DEPTH: 42.0'
-- 45.0
_
-- 47.5 --
HE,LL'Y-JOHNSTON & ~SSOC~TES. INC. LOG OF BORING PROJECT No.: 6574
_ ,,¢.,,~ ~,~,c, ~,~m.~ HAVERTY FURNITURE COMPANIES, INC. BORING No.: 15
DRILL DATE: 02/20/96 REGIONAL DISTRIBUTION FACILITY SHEET 1 of 2
METHOD: SHELBY lUBE/SP~ SPOON LOCATION: SEE PLATE 1
~o -,~.o'. ,x co, E m 4~.~ COPPELL, TEXAS GROUND ELEVATION: :t:523.2
ES m° -~ MATERIAL DESCRIPTION
CLAY, silty, slightly sondy, w~th
s¢ottered ~moll grovel, very stiff to
-- herd, dork brown X
_ - 2.5 X
X
X
-- 7.5 515.4.
-- CLAY, silty, slightly sondy, with
scottered smell grovel, very stiff, X
light brown
-- X
-- 10,0 512.7
CLAY, silty, slightly sondy, with
-- scottered smell grovel, very stiff,
ton
-- 12.5
-- X
-- 15.0
- 17.5
50'~.5
SAND, o_rovelly, ¢loyey, very dense, ton 503.9
· ---- SHALE, severely weethered, jointed, X
-- -20.0 --.-_.-- thinly Iominoted, colcoreous, silty, D~ to
.~_-~_ slightly sondy, with troces of blockoge
~_-_-- gypsum, firm, ton to ton (]nd brown et 20.0'
-- '---.' 02/26/96
-- 22.5 --'----
HIg~-,IOHN530N & ASSOCIATES, INC. LOG OF BORON(; PROJECT No.: 6574
_ ,,~,,,~"~ ~0'~'"~ ~"'~"~ HAVERTY FURNITURE COMPANIES. INC. BORING No.: 13
DRILL DATE: 02/20/95 REGIONAL DISTRIBUTION FACILITY su-"$-r 2 of 2
UETHOD: SAELI~ AIBE/SPliT SPOON LOCATION: SEE PLATE 1
~o 3~'. ,, co,[ ~o ~.o' COPPELL. TEXAS GROUND ELEVATION: +523.2
U3 0
F-~--'o -~ MATERIAL DESCRIPTION
-- SHALE, severely weathered, jointed,
~-~ thinly laminated, calcareous, silty,
-- .-- slightly sandy, with traces o~
£-_-- gypsum, firm, tan ~o tan and brown
-- 27.5 493.5
~ SH^LE, weathered, jointed, thinly
:---- laminated, calcareous, silty, slightly
----- T sandy, firm, brown and t~n
-- 492_.7 SET C~.SING
'i--_' SHALE, thinly laminated, calcareous, TO 31.0'
-- ~_-_'--[- silty, slightly sandy, moderately hard, ----
gray
u-_- 482.2
_ TOTAL DEPTH: 41.0'
- 42.5 --
-- -- 45.0 --
-- 47.5 --
HI~I.W-JOI~ON & ASSOCI~. INC. LOG OF BORING PROJECT No.: 6574
_ ,.~-~=,~-.,=o~.a HAVERTY FURNITURE COMPANIES. INC. BORING No.: 14
DRILL DATE: 02/19/96 REGIONAL DISTRIBUTION FACILITY SHEET l of 2
I~ETHOD: ~FEi. gY TUBE/SPLIT SPOON LOCATION: SEE PLATE 1
~o -~2.0. ,x co.[ m ,z~' COPPELL, TEXAS GROUND ELEVATION: +522.1
~ CO R E ,IIF1L1RATIO~ ~ ~--
--JLLI
m a_ MATERIAL DESCRIPTION
CLAY, silty, slightly sandy, with
_ scattered small gravel, hard, dark
brown X
__ -- 2.5 X
_ X
-- 5.0 :
~ ×
- 7.5 X
X
512.8
-- CLAY, silty, slightly sandy, with X
-- 10.0 scattered small grovel, stiff to very
stiff, ton and gray
-- 12.5
-- --15.0 _.r~ x
-
-- 17.5 504.2
-- '--)'_% SHALE, severely weathered, jointed,
:---- thinly laminated, calcareous, silty,
~_-_-_.~ slightly sandy, with traces of
-- gypsum, firm, light brown to tan X
-- 20.0 --.__ and groy
-- 22..5 ----
-
_ :-sT x
HI~ILrY~ON & ~ISSOClA1[S. INC. LOG or BOt~NC PflOJrCT No.: 6574
_ --~..,~ ~.~,.~ ~.~.~ HAVERTY FURNITURE COMPANIES, INC. BORING No.: 14
DRILL DATE: 02/19/96 REGIONAL DISTRIBUTION FACILITY SHEET 2 of ?_
UE'THOD: SI.E[BY TU(~/SPUT SPOON LOCATION: SEE PLATE 1
To 32.~. ,. CORE TO ~ZS' COPPELL, TEXAS (;ROUND ELEVATION: +522.1
~_~ o ~ MATERIAL DESCRIPTION
'-----' SHALE, severely weathered, jointed,
_ }.~,~ thinly laminated, calcareous, silty,
.-- slightly sandy, with traces of
-_--_-- gypsum, firm,light brown to ton
- 27.5 ---- and gray 494.3
~ ~ SHALE, weathered, jointed, thinly
~-~- laminated, calcareous, silty, slightly
.. -'~ sandy, with gypsum filled joints,
-- firm, tan to light brown and gray X
_ - - 490.8 ....
--_- SHALE, thinly laminated, calcareous, SET CASING
---' silty, slightly sandy, moderately hard, TO 32.0'
~ -- 32.5 --~--~T gray
-- 35.0 6.0 6.0
-- 40.0 -- 4.5 4..5
· - - 479.6
- 42.5
TOTAL DEPTH: 42.5'
- 45.0 -
- 47.5 -
HDL~Y-,~ & ~SSOCIkTI~, INC. LOC OF BOt~N(; PROJECT No.: 6574
_ ,~,~~~a HAVER~ FURNITURE COMPANIES. INC. BORING No.:
DRILL DATE: 02/1~/96 REGIONAL DISTRIBUTION FACILI~ SHE~ l of
U~OD: ~ ~[/S~ S~ LO~ON: SEE P~TE 1
~ ~'. ,~ COR[ ~ ~.S' COPPELL. TEXAS GROUND E~ATDN: ~521.5
~ ~ C 0 R E
~ ~ MAT[EiAL DESCEIPTION
C~Y, silt~, slightly sond7, with
_ scattered small gravel, hard, dark
brown X
_ -- 2.5 X
X
514.3 X
-- 7.5 CLAY, silty, slightly sandy, with
scattered small gravel, very stiff,
tan and light gray X
X
- 10.0
-- 12.5
-- -- 15.o .-.~J.-. X
-
- 17.5 Dry to
! blockage
-- 503.1 at 1 8.8'
'--'-'t SHALE, severely weathered, thinly 02/26/96
~_~J laminated, calcareous, silty, slightly
-- -20.0 _.--_~__. sandy, with traces of gypsum, firm, X
_-~_ tan and light gray
- 22.5 -2-_-
_ ×
HDLrY-dOHNSq'ON ac ASSOCIATES. INC. LOG ~ BORING PROdECT No.: 6574
_ o,~,,~ ~ ~,~u,~ HAVERTY FURNITURE COMPANIES. INC. BORING No.: 15
DRILL DATE: 02/14-/96 REGIONAL DISTRIBUTION FACILITY SHEET 2 of 2
U:-THOD: SHB_IiY TUBE/SPLIT SPOON LOCATION: SEE PLATE 1
To ~o.~.. ,x co.£ TO e.S' COPPELL, TEXAS GROUND ELEVATION: .521.6
-
m CORE
~ bJ
~ ~o~_-' MATERIAL DESCRIPTION ~ e ~ ~'~
-- SHALE, severely weothered, thinly
~__-,~ Iominoted, colcoreous, silty, slightly
-- --- sandy, w;th traces of gypsum, firm,
'------ tan and light gray
~ -- 27,5 '~._~
493.1
'---- SHALE, slightly weothered, jointed,
_ ~_~_~_~-~ thinly laminated, calcareous, silty,
-3O.0 -.-- slightly sondy, moderotely hord, groy X
-- with ton bonds SET CASING
.------ 490.5 TO 30.5'
-- ~iil SHALE, thinly laminated, calcareous, ''
silty, slightly sondy, moderotely hard,
- 32.5 - groy
~ -- 35.0 ?--'&
· - - 10.0 9.7
-- 37.5 --7'_-_
.----
-- 40.0 ----
-_-_- 481.1
TOTAL DEPTH: 4-0.5'
-- 42.5 --
I -- 45.0 --
-- 47.5 --
HI~ILLrY-JOHNSTON & ASSOCIA~..S. ~lC. L~ ~ B~ING PR~E~ No.: 6574
_ ~~ ~ HAVER~ FURNITURE COMPANIES, INC. BORING No.: 16
DRILL DATE: 02/26/96 REGIONAL DISTRIBUTION FACILI~ SHE~ l of 2
U~D: ~ ~E/SP~ S~ LO~: SEE ~TE 1
~ 2~.o', Nx CmN m 3~.~ COPPELL, TEXAS GROUND FI~ATDN: ~524.1
~E~* mmv° ~ MATERIAL DESCRIPTION
~ SHAKE, ,everely weothered, thinl7
-- Iominotod. colcoroous, s~lty, slightly
--- sondy, firm, ton X
_ -- 2.5 ~ X
-- 7.5 --~ X
- o.o
-- 12.5 ~--
- 5::
_ SHALE, weathered, jointed, thinly X
---- Iominoted, colcoreous, silty, sli~hUy
--15.0 ~ sondy, firm, ton and brown to
~ brown and gray
- 17.5 ~--
~ -- 20.0 ----- 503.g
~ SHALE, thinly laminated, calcareous, S~ C~ING
_ ~ silty, slighUy sondy, firm, dork brown TO 20.5'
~ 22.5 ~--
~thin bentonilic seam
XENI.EY-,JOHNST~ & ASSOCIkTrr. s. ~C. LO(; OF BO~N~ PROJECT No.: ~574
_ ..¢""~ ¢".~."~ ~"~ HAVERTY FURNITURE COMPANIES. lNG. BORING No.: 16
D,,. ~^T~ oz/26/g6 REGIONAL DISTRIBUTION FACILITY S,E[T 2 of 2
NET'HOD: SHELBY AJBE/SPUT SPOON LOCATION: SEE P,_ATE 1
TO 2~.0', ,x CORE TO 3~.0' COPPELL, TEXAS
GROUND
ELEVATION:
::1:524.1
~ ~ CORE
~m° o_'~ MATERIAL DESCRIPTION ~:--- ~
~ '~ $1-~l_E, thinly laminated, calcareous. [-~ ~.0/'
_ '----__.: \ silty, sli§hUy sandy, firm, dark brown] 10.0 ~0.0
)-~ SHAKE, thinly laminated, calcareous,
.---- silty, $1[ghUy sandy, moderately hard,
-- 27.5 ---_-_- gray
_--._-
-- 30.0 --.----
.---- 493.1
-- TOTAL DEPTH: ,31.0 ....
- 52.5 --
-- 35.0 --
-- 37.5 --
-- 40.0 --
-- 42.5 --
-- 45.0 --
-- 47.5 --
HD~LL'Y-~:~t~TOH & ASSOCIATES, INC. LOC OF ~O~NC- PROJECT No.: 6574
_ ~,-~ ~~ HAVER~ FURNITURE COMPANIES. INC. BORING No.: ~7
DRI~ DATE: 02/28/98 REGIONAL DISTRIBUTION FACILI~ SHE~ l of 2
M~: ~ ~E/SP~ S~ LO~: ~E P~TE 1
~ ~z0. ,x c~ m ~z~ COPPELL. TEXAS GROUND E~ATDN: ~528.6
~ ~ CORE
~ o ~ MATERIAL DESCRIPTION ~ ~
C~Y, silty, slightly sandy, with
scattered sm~ll grovel, hard, dark
-- brown X
-- -- 2.5 X
X
- 5.0
523.0
CLAY, silty, slightly sandy, with X
-- scattered small grave'., very stiff,
light brown to tan and gray X
- '7.5
X
-- X -- 10.0
SHALE, severely weathered, jointed,
-'r- thinly laminated, calcareous, silty,
_ slightly sandy, with traces of X
-15.0 -~_.~. gypsum, firm, ton and brown to
:_-_~ tan and light gray
-- 17.5 ._~._. DrYh[ k nt°
x
HE)~[.L~ON ,*,' ASSOCIA][S, ~. LOG OF BORING PROJECT No.: 6574
_ ..~.~.g ~.~..~ ~r.u,o.~. HAVERTY FURNITURE COMPANIES, INC. BORINO No.: 17
~),,~_ O,,,TE: 02/28/,6REGIONAL DISTRIBUTION FACILITY SHEET 2 of 2
UETHOD: DEZEf TUBE/SP!.fl SPOON LOCATION: SEE PLATE 1
TO 32.o'. ,x C0R[ T0 4;.e COPPELL, TEXAS CR0UND ELFVATIO,:
~ ~ CORE ~,,~t~, ~ -.
~ L~J ~_.
~_~ :~m° :~-'~ MATERIAL DESCRIPTION ~.~
-- SHALE, severely weathered, jointed,
_ ~-.~ thinly laminated, calcareous, silty,
--__- slightly sandy, with traces of
__ 9ypsum, firm, 'l. on and brown to
'-' ton and Ii§hr gray
_ -- 27.5 '~._~;~
×
-- 30.0
-- -_--~- 497.1 SET CASING
'---' SHALE, thinly laminated, calcareous, TO 32.0'
- 3z.5 -7---~ silty, elicJhtly sandy, moderately hard,
-- _ _ gray
-
_ :o.o o.oI
.'-_'-~ --
-- 40.0 ----
- - - 4~6.6
--42.5 -- TOTAL DEPTH: 42.0'
-- 45.0 --
HE~_rY-JOHN~ON & A.~SOCt~S, INC. LOC 0¢. BORON(; PROJECT No.: 6574
_ ,"~""~"g ~'~"~ ~-~"~ HAVERTY FURNITURE COMPANIES, INC. BORING No.: 18
DRILL DATF" 02/28/96 REGIONAL DISTRIBUTION FACILITY SHEET 1 of 2
I~ETHOD: ~ 11J~E/SPLIT SPO0~ LOCATION: SEE PLATE 1
~o -~5.0' COPPELL, TEXAS CROUNP ELL:VAT,~N:
U~ 0
~o ~o _~ MATERIAL DESCRIPTION
CLAY, silty, slightly sandy, with
scattered small grovel, very stiff to
-- hard. brawn X
-- -- 2.5 X
X
- 7.5 X
522.3
CLAY, silty, slightly sandy, with X
scattered small gravel, very stiff,
ton X
- 10.0
- 12.5 .~ 5;8,0
-- ~-_- SHALE, severely weathered, jointed,
_?:__ thinly laminated, calcareous, silt>',
slightly sandy, with traces of
_ gypsum, firm, ton, light brown X
- 15.o --- and gray
-- 17.5 ~--
_
- - 0.o x
-- 22.5 --'----'
-
HB, ILL-Y-JOtl, ISTON & ,~50CI~.TES, 14C. L[X; OF' BORING PROJECT No.: 6574
_ .,,~,~.g ,~,~:~,,,~ ,:,~dto.t. HAVER'TY FURNITURE COMPANIES, INC. BORING No.: 18
DRILU H^tE: o2/2s/g6 REGIONAL DISTRIBUTION FACILITY SHEET 2 of 2
~ETHOD: ~ ll~E/SPL~ SM)ON LOCAtiON: SEE PLATE 1
~ 3s.o' COPPELL, TEXAS GROUND ELEVATION: +590.7
~ 0 ~ MATERIAL DESCRIPTION
.-_-~'---~ SHALE, severely weothered, jointed,
~ -_~ thinly Iominoted. ¢ol¢oreous. silty.
.-- slightly sondy, with tro¢e~ of
'-----~ gypsum, firm, ton, light brown
-27.5 --~-_- ond groy
$02.~
'---' SHALE. weathered, jointed, thinly
?t - Iominoted, ¢~l¢oreous. silty, slightly THD
~ sondy, with gypsum filled joints, 500.? .50/1"
;---- SHALE. thinly Iominoted, ¢olcoreous,
-- '---- silty, slightly sondy, moderotely hord, . .. ~ W.L.=31.5'
~----_. groy 05/04/96
-- --35.0 ~--:~/ 495.7 +THD
TOTAL DEPTH: ,35.0' 50/1-1/2"
- 57.5 -
-- 40.0 --
-- -- 45.0 --
-- 47.,5 --
HD4L.~-JOHH~GN dc A.~OCIATE$. INC. LOG OF BORING PROJECT No.: 6574
_ ,.g~..,,,~,,s.,,.,:o,,,~,~,~ HAVERTY FURNITURE COMPANIES, INS. BORING No.: 19
D,,.. D^~'E: 02/2~/g6 REGIONAL DISTRIBUTION FACILITY S,E~T ~ of 1
uE-rHOD: SHB..BY lUBE/SPLD SPOON L(~._..~llON: SEE PLATE 1
TO 8.g' COPPELL. TEXAS GROUND ELEVATION: ±529.4-
~ ~ CORE ...~.~m. ~-, ~-
_m L~I
-.- o .-, MATERIAL DESCRIPTION '"'- ~ ~ m..0,~
-- ,,,,~.~>_ < o oo ooc
CLAY, silty, slighkly sondy, with
_ scottered smoli §rovel, hord, Ii§hr
brown X
_ - 2.§ X
_ X
-- §.0
X
-- 7.5 521.4 ×
TOTAL DEPTH: 8.0'
-- 10.0 --
-- 15.0 --
-- 17.5 --
-- 20.0 --
-- 22.5 --
X[NLEY-JOHNSTON & ASSOC~:.S, INC. lOG ~ I~ORING -~OJECT No.:
_ ,.g~.,,~.g g.,d,.o, :~,.,~.~ HAVERTY FURNITURE COMPANIES, INC. P.::)RINC No.:
D.,'.L D^TE: 02/28/96 REGIONAL DISTRIBUTION FACILITY s.~s~r ~of
I,!U~-IOD: grlE1BY TUBE/SPL~ SPOON '..£,2ATION: SEE ~_-'-f 1
~o 8.0' COPPELL, TEXAS C?OUND ELEVATE:',: --'526.1
:' ¢ 0 RE :~nL.'r~,':-o,
u')
,_~ ,~ ,., MATERIAL DESCRIPTION ~-.~ ~ m
-- ,.,~ -- o~=
CLAY, silly, slightly sandy, with
sca[tered small gravel, hard, dark
-- brown X
_ - 2.5 X
X
- 5.0
X
- 7.5 518.1 X
TOTAL DEPTH: 8.0'
- 10.0 --
-- 15.0 --
-- 20.0 --
HE~ILEY-JOHN~'TON & ,A,.~C~T[$, ~lC. LOC ~ B~INC PROJECT No.: 6574
_ ,,~.-~ ~-,~ ~.~ HAVER~ FURNITURE COMPANIES, INC. BORING No.: 21
DRILL OATE: 02/23/96 REGIONAL DISTRIBUTION FACILI~ SHE~ l of
U~OO: ~ ~E/SP~ S~N LO~: SEE P~TE 1
To ~.0' COPPELL, TEXAS CROUND [~AT~ON:
_ ~~ o ~ ~ MATERIAL DESCRIPTION
C~Y, silty, slightly sandy, with
_ scattered small gravel, hard, dark
brown X
_ - 2,5 X
_ X
-- 5.0
X
-- 515.5 ..
C~Y, silty, slightly sandy, with
scattered small gravel, ve~ stiff,
- 7.5 light brown 513.8 X
TOTAL DEPTH: 8.0'
-- 10.0 --
-- 12.5
-- 15.0 --
-- 20.0 --
-- 22.5 --
HENti'Y-JOHNS'TON & ASSOCIA~S. INC. LOG OF BORING PROJECT No.: 6574
_ ..gi..~.~ ~,~..= :.n.,~.~ HAVERTY FURNITURE COMPANIES, INC. BORING No.: 22
D.,~L D~TE: 02/28/9e REGIONAL DISTRIBUTION FACILITY S.E~T lo, ~
METHOD: ~ TU~E/SPUT SPOON LOCATION: SEE PLATE 1
~o 8.o' COPPELL, TEXAS CROUND ELEVATION: :1:528.7
m ~_ MATERIAL DESCRIPTION ~~
~ W Q) >- ~ 0 0 0 0 CD 0
GLAY, silty, slightly $nndy, with
_ $¢aU. ercd smoll gr~v~l, hard, brown
×
_ -- 2.5 X
_ ×
_ X
/CI~Y, silty, slightly $0ndy, with ~
../ s¢ottered smoll grovel, hord, Ii§hr 521.,~
~ - 7.5 brown 520.'/ : X
-- 10.0 --
-- 15.0 --
-- 20.0 --
-- -- 22.5
FIENLEY--,~,HNSTON & ASSOCIATES. INC. LOG OF BORIt~ PROJECT No.: 6574
_ ,.g~n..~., g.~.,~.,~ ~,~,,~.~, HAVERTY FURNITURE COMPANIES, INC, BORING No.: 23
DRILL DATE: 02/28/96 REGIONAL DISTRIBUTION FACILITY SHEET 1 of !
laETHO0: SHB_BY ]IJBE/SPUT SPOON LOCAllON: SEE PLATE 1
~o 8.0' COPPELL, TEXAS CROUND ELEVATION: ±526.6
z CORE ,,,...~..~ ~ <._
03 0
'T' 0 ---~
~-~' m ~_ MATERIAL DESCRIPTION
-- W ~ ~- .~ .......
CLAY, silty, slightly sandy, with
scattered small gravel, hard to very
-- stiff, dark brown X
- 2.5 X
X
-- 5.0
-- 7.5 51g.6 X
TOTAL DEPTH: B,O'
-- 17.5 --
20.0 --
-- 22.5
- APPENDIX B - CHANGE ORDER, PAY REQUEST,
AND LIEN RELEASE FORMS
C H,.~ ~ G £ ORO£R
elate
hoiec~
Order is an auO~criz3(ion to {~focctd w~lh I-he feilewlni item (s| of work ~nd is based u.'on Estimate I~umber
-- C=n:.-~:: c::...n T~ .r".e
This O~ang.~'Or,'er i
APPROVED[ APPROVED:
APPROVED:
By
O~tc
~o]~t: Date:
___ . Pay Request M~ber:
· Period From: ----To:
S~me t: Of:
RI'I?, ff'~.;T I,~R
(1) (2) (3) (4) I (5) (6) I (7) I (8) [ (9) I (lO)
[tam Description Cont-ract Contract]Work QL7. Value of Work]Value of ]Value of Total[ Value of Total [ Value [
~mntit7 Unit ]Co;,p]etml Canplet~l To[ St~l [Cra,pi. ertl and [Canp].et~ and Stor~[ ~ [ Bnk
~md lh~it:s Price 7'0 D:,te Date blater~als Stoc~l To Date]Pr~. Per~l (Col. 8] PerJ.~l [ C~.
.... i~D (6) '" (7) I.~f l~r~ja~u~!L(8) -
__ T(¥1'A! S : ..............
,cLql~ flqT]2D: AI?R f~l:i): API~U~;I'] h
Total ~:,~t,,~l: of Work Conplet~l
Contra.~tor l{ngh~cer m~l Stof~l to llate
[fy By .............................. By ............................... l~s:i % ]lataJ ned
~,e '[']t]e 'r]tle ~Dunl: P~,y~d)le per Contr;~ct
WAIVER OF LIEN-PARTIAL
-- ,199!
_ THE STATE OF TEXAS
COUNTY OF DAI I.AS
-- TO Al.I- WHOM 1T MAY CONCI~-RN:
Whereas, we the undersigned, have been
-- employed by to furnish work pursuant to
Contract or Supplier Purchase Order dated .1991 for the Gateway Business
Park project, City of Coppall, County of Dallas, State of Texas.
NOW, THEREFORE, KNOW YE that . the undersigned, for an
in consideration of the sum of Dollars and other good and valuable
consideration, the receipt whereof is hereby acknowledged, does hereby waive and release any and all liens,
-- or daim or right to liens on said above described project and prom{xes under ',_he Statutes of the State of
Texas relating to Mechanic's Liens, on account of labor or materials, or both, furnished up to this date, by
the undersigned to or on account of the said tm. demaid connect
-- for said project, and for which payment has been made to the undersigned by or on behalf of
The undersigned further certifies that all laborers and services employed by the undersigned all
person, firms, or companies acting by, through, or under the undersigned, of any, and all maten'als placed
upon and/or installed on the said project have been fully paid to date except for the amounts dammed by
the undersigned in the current application for payment delivered concurrently herewith, and the undersigned
-- knows of no outstanding liens against the said project except those, if any, as set forth in the addendum
attached hereto.
_ Given under my hand this day of , !991.
BY:
SUBSCRIBED AND SWORN TO before me this day of ,1991.
:- NOTARY PUBLIC
MY COIVhMISSION EXPIRES:
FINAL I~L~ASE AND WArVER OF
-- THE STATE OF TF_.XAS I
COUNTY OF DA! J-AS
For and in consideration of full payment made simultaneously herewith to the undersigned ('General
Conwactor') Clq~me) .... .
(Tide),
-- (Finn Name) by (F..utity) of all sum~ now due and
owing to General Contractor in connection with the furnishing of labor, material, and/or services for
construction on the job known as the Gateway Business Park project located on the real property in Dallas
-- County, Texas descn'bed on Exhibit A attached hereto and by this reference made a part hereof for all
purposes, together with ail improvements thereon (the 'Property'), the receipt and suffici~r~Cy__o_£ such full
payment being hereby acknowledged, and with the knowledge that the owner of the Property and project,
COwner~) has required and relied upon
this release and waiver of lien in making payment to General Contractor hereby releases and discharges
Owner from all indebtedness and obligation of any character owing to General Contractor in connection with
such construction job, and General Contractor hereby releases all dalm~ of every character against Owner
--' in connection with such construction job and in addition hereby waives, releases, and discharges .the
property and the improvements thereon from any and all liens, dalm-~ of liens, and charges of every
character which General Contractor may now or hereafter have against the Property, whether the snme be
_ contractual, statutory, or constitutional, and whether such liens are evidenced by lien claim affidavits or not,
and whether filed for record or not; it being the intention of General Contractor to relinquish and release
to Owner the Property completely free and dear of all liens and lien claims of every character which Gene.-al
Contractor or any party acting by, through, or under General Contractor may now or hereafter have against
the Property.
General Contractor cer~ies, represents, and wan-ants that General Contractor has not and will not
assign any claims for payment nor any right to perfect any lien ag-ai~r the Property.
General Contractor further certifies, represents, and wan'ants -,hat all laborers and services employed
_ by General Contractor and any person, firm, or company acting by, through, or under General contractor,
if any, and all materials placed upon and/or installed on the Property and/or all lease payments for
equipment and machinery used by Generai Contractor on such job, if any, have been fully paid, and that no
laborer, service, or materialman has any claim, demand, or lien on the Property by, through, or under
-- General Contractor, and further that no chattel mortgage, security interest, conditional bill of sale, or
retention of title agreement has been given or executed by General Contractor or any laborer, service, or
materialman acting by, through, or under General Contractor for or in connection with any materials,
-- machinev], and/or equipment placed upon or installed on the Property, other than the following:.
NAME OF PERSON OR COMPANY OWED: APPROXIMATE AMOUNT OWED:
$
-- t For and in consideration of the aforesaid payment made herewith and other benefits accruing to
- :' General Contractor hereby expressly agrees to indemnify and hold forever harmless Owner from and against
all liability, loss, claims, damages, and/or expenses of any kind arising from any claim, lien, demand, or
_ :' action of any nature that may now exist or hereafter at any rime be asserted against Owner or the Property
._( by General Gonwacror or any other party whomsoever arising by virtue of and/or in connection with the
,furnishing of said labor, materials, and/or services ,fiamished by General Contractor or by, through, or render
_ General Contractor up to and including the date hereof, and General Contractor hereby releases Owner from
-- any and all obligations to withhold monies from General Contractor with respect to possible claims of
General Contractor or any other party furnishing labor, materials, and/or services by, through, or under -
General Contractor.
EXECUTED this __ day of .19
By
(Name) -..
-- (Title)
(Company) .
cORPORATION OR PARTNERSHIP
-- ACKNOWLEDGEMENT
-- THE STATE OF TEXAS
I
COUNTY OF D~T.:AS
-
BEFORE ME, the undersigned authority, a notary public in and for said County and Stare, on this
day personally appeared tN. me).
(Title), of (Firm Name), a
-- (Type of Entity and State of Organization), known to me to be the
person and (Officer or Partner) whose name is subscribed ro the
foregoing instrument, and acknowledged to me that he executed said inst~rnent fo.~' the purposes and
_ consideration therein expressed and in the capacity therein stated and as the act and deed of said
Crype of Entity).
-- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,19 r
-- Notary Public in and for
Dallas County, Texas
Cornmlasion F.~pires
_
_
APPENDIX C - CONTRACT ADDENDA
- APPENDIX D - CONSTRUCTION DRAWINGS
(ATTACHED SEPARATELY)
APPENDIX "D"
COVER SHEET
FP-1 FINAL PLAT
SC- 1 SURVEY CONTROL
DA-1 DRAINAGE AREA MAP
S-I STORM SEWER PLAN/PROFILE
S-2 STORaM SEWER PL.~q/PROFILE
S-3 STORM SEWER PLAN/PROFILE
EC-I EROSION CONTROL PLAN
SD-19 STANDARD CONSTRUCTION DETAILS, CITY OF COPPELL