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DR9801-CN 980803
CONSTRUCTION SPECIFICATIONS CONTRACT DOCUMENTS FOR THE _ DRAINAGE AND PAVING IMPROVEMENTS SOUTHWESTERN DRIVE, FREEPORT PARKWAY, AND FROM FRITZ ROAD TO GRAPEVINE CREEK COPPELL GATEWAY PUBLIC IMPROVEMENT DISTRICT -- COPPELL, TEXAS FOR THE CITY OF COPPELL -- PROJECT # DR98-01 prepared by: ~FF ASSOCIA~S, mC. t~?( ~ -- 8616 NOR~ST PLeA D~VE D~LAS, ~S 75225 PATRICK LEE ENG~ERS -- ~E 1998 00-12-98 A09:29 IN JUNE 1998 AVO 17014-Contract TO: BIDDERS RE: OFF-SITE DRAINAGE IMPROVEMENTS GATEWAY BUSINESS PARK -- COPPELL, TEXAS Gentlemen: We enclose herewith Drawings and Specifications for Off-Site Drainage Improvements, 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 Mr. Pat Acker at (214) 346-6200. -- Bids will be received at the office of the purchasing Agent, 255 Parkway Boulevard, City of Coppell, TX 75019 prior to 10:00 AM Tuesday, June 30, 1998, and then at said office publicly opened. EXHIBIT "B" -- TABLE OF CONTENTS -- SUBYECT DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS 00100 Notice to Bidders 00110 Instruction to Bidders -- 00140 Proposal Form Bid Form Agreement -- Performance Bond Payment Bond General Conditions Wage Rates 00232 Supplementary Conditions DIVISION 1 - GENERAL REQUIREMENTS 01001 General Project Requirements 01401 Testing Laboratory Services 01501 Survey DIVISION 2 - SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR CONSTRUCTION DIVISION 3 - TRENCH EXCAVATION PROTECTION _ 03001 Trench Safety Systems DIVISION 4 - SITE WORK 04102 Cleating and Grubbing 04210 Excavation, Backfill and Grading APPENDIX A - Soil InvestigationData APPENDIX B - Change Order, Pay Request, and Lien Release Forms -- APPENDIX C - Contract Addenda APPENDIX D - ConstmctionDrawings (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, for Off-Sito Drainage -- Improvements, Gateway Business Park, Coppell, Texas 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 10:00AM on June 30, 1998, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q0598-05 designated clearly on the exterior of the bid envelope. Bidders must submit, with their 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 _ Proposal Bond in the same amount from an approved Surety Company (according to the latest list of companies holding certificates of approval by 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 forms provided within fourteen (14) days after award of contract to him. The 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 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. The _ successful bidder must also be able to show evidence that it is authorized to do business in the 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 HalffAssociates, Inc., 8616 Northwest Plaza Drive, Dallas, Texas 75225, for a $50.00 non-refundable fee. All unit prices must be stated in both script and figures. The Owner reserves the right to reject any or all bids and to waive formalities. In case of ambiguity or lack of clearness in stating the price in · - the bids the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable or unbalanced unit price will be considered sufficient cause of rejection of any bid or bids. NO BID TRANSMITTED BY FAX WILL 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 State of Texas and subsequent amendments concerning the wage scale and payment of prevailing wages specified. -- Prevailing wage rate will be established by the City of Coppell for this project. All bidders must comply with the roles 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, Halff Associates, Inc., assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. SECTION 00100 - NOTICE TO BIDDERS PAGE 1 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 Owner, 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 "OWNER" 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 Inspector: The 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, Texas. Perform Drainage and Paving Improvements as shown 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 Northwest Plaza Drive, Dallas, Texas. Complete sets of plans and -- specifications may be examined without charge in the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. A deposit will be required for each set of drawings and specifications as follows: A) Bidders may purchase sets of Bidding Documents for a $50.00 per set, non- refundable. SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 1 B) After award 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 for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 3.3 Owner and Engineer in making copies of Bidding Documents available on the above terms _ do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. _ 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 responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the _ following: 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. The 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. The Bidder shall demonstrate that he has adequate equipment to comPlete this project, -- properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. -- 4.4 Financial. Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be -- used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. -- 4.5 Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. -- 4.6 Proof that the Bidder maintains a permanent place of business. SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 2 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 fights or interest in any land,, materials, supplies or services. 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. Any 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. Any 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. The 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 bc from Freeport Parkway and Fritz Road. Prospective Bidders shall respect all improvements. It is thc 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 the Work, (c) consider federal, state and local Laws 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) notify 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 OWNER. _ 6.2 Reference is made to the Supplementa'y Conditions for identiflcationof: 6.2.1 Those reports of explorations and tests of subsurface conditions at the 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 Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner 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, Underground 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 any SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 3 additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and - Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for 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 for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations. 6.7 The lands upon which the work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. 6.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that _ Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing 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 the 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 necessary 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 written Addenda will be binding. Oral and other interpretations or clarificationswill be without legal effect. 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 7.3 Each Bidder shall acknowledge on the Bid Proposal, that all addenda have been received. -- 8. Bid Security. 8.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of -- five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form 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 the Agreement and furnished the required contract security, whereupon the Bid security will be -- remmed. If the Successful Bidder fails to execute and deliver the Agreement and fumish the SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 4 -- 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 Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained -- by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the forty- 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 Owner during the evaluation of the Bids, and it will be necessary for the successful Bidder to Satisfy 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 Drawings or specified in the Specifications that a substitute or "or-equal" items of material or equipment may be furnished 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 for 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 Owner 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 Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may, before the Notice of Award 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 difference in cost _ occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the contract award. _ SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 5 If apparent Successful Bidder declines to make any such substitution, Owner may award the - contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person - or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner 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. 13.1 Two (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 for which a quantity is given and the Bidder shall state the price for 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 be given. Bids which are not -- signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the 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 fn'rn 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 power of attorney evidencing - authority to sign the bid, executed by the members of the fn'm 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 written below the corporate name in the following 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 below the signature. 13.8 The Bid shall contain acknowledgment of receipt of all addenda. (The numbers of which -- must be filled in on the Bid Form). SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 6 13.9 The address and telephone number for communications regarding the bid must be shown. 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 performed 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, City of Coppell, Texas and shall be received in the Purchasing Office at the City of Coppell, City 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), 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 delivery 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 any 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 rejected if they show alterations of form, 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. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all Bids without qualification(s). More than one Bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be -- considered. Reasonable grounds for believing that a Bidder is interested in more than one such Bid may cause the rejection of all Bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. SECTION 00110 - INSTRUCTIONS 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. -- 19. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for forty-five days after the day of the Bid -- opening, but Owner may, 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, Owner also reserves the right to reject all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to _ reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Proj eot 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 favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor 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 Contractor shall look solely to the new Owner for any and all obligations then remaining under the Contract. -- Assignment shall not be made unless and until the new Owner has demonstrated its ability to assume the financial obligations of the City of Coppell 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 for those portions of the Work as to which the 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 for incorporation in the -- Work when such data is required to be submitted prior to the Notice of Award. 20.4 Owner may conduct such investigations as Owner deems necessary to assist in the -- evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction w/thin the - prescribedtime. SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 8 20.5 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder -- whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. -- 20.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the date of the Bid opening. The City of Coppell reserves the fight to award any or all of the Bid Items in section 00140-Bid Form. 21. Contract Security. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner'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 Performance 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 fifty (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 Owner 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) days thereafter the Successful Bidder shall execute and furnish to the Owner five (5) original signed contracts, the required Bonds, and Certificate of _ Insurance. If, within fourteen (14) days after Notice of Award of the contract to the Successful 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 N void and upon such declaration, such award shall be null and void, and the contract may be awarded to the next lowest responsible bidder. -- The Performance 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) years after acceptance by the Owner. The Certificate of Insurance is to be fumished as a guarantee that the Bidder is covered by insurance as required by the Contract Documents. 23. Affidavit of Bills Paid. -- The Contractor shall submit a fully executed Waiver of Lien - Partial, with each payment request and prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have -- been paid in full, and that there are no claims pending. SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 9 24. Notice to Proceed. Upon execution of Bonds and Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence -- work within five (5) 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 manpower and equipment resources to meet the construction schedule. -- 26. Silence of Specification. The apparent silence of these specifications or the North Central Texas 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 the contract will be made in writing by the Owner, using the form contained in Appendix B. 28. Assignment. _ The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. _ 29. Patents- Copyrights. The Successful Bidder agrees to protect Owner from claims involving infringements of -- patents and/or copyrights. 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. SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 10 This agreement is performable in Dallas County, Texas. -- 32. Lump Sum Items. The contractor shall submit a breakdown of the quantities and unit prices that comprise any -- major lump sum item (greater than $10,000). These unit prices may be used by the owner to increase or decrease any 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, County and Local Laws, Contractor shall not hire or work any illegal alien. 35. Taxes, Permits and Licenses. The Contractor shall obtain and pay for all licenses, permits, and inspections required for the work. The 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 Tax. The Owner qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Tax Code (Title 2, Chapter 141, Subsection 151.309). See Important _ Notice to Contractors provided herein. _ o0o SECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 11 DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS -- SECTION 00140 - BID FORM PROJECT IDENTIFICATION: Off-Site Drainage and Paving Improvements, along Southwestern Drive east of Freeport Parkway, Freeport Parkway at 1-635, and from Fritz Road to Grapevine Creek, Gateway Business -- Park, in the City of Coppell, Texas. BID OF DATE -- (NAME OF FIRM) CITY OF COPPELL IDENTIFICATION NUMBER: THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent -- 255 Parkway Boulevard, P.O. Box 478 Coppell, Texas 75019 -- 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and fumish 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. -- 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 security. This Bid will remain subject to acceptance for sixty 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. -- 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 Addenda (receipt of all which is hereby acknowledged): NO.: DATE: REC'D: (b) BIDDER 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 fumishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions SECTION 00140 - BID FORM PAGE 1 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 SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. -- (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 otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER 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, repons or _ similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER 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 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 with 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 conformity 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 refrain from bidding; and BIDDER has not sought by collusion to - obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following 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 may 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. SECTION 00140 - BID FORM PAGE 2 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 -- Security shall become the property of the OWNER 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. 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 PARK DRAINAGE, Line "A" -8'x5' PRCB UNIT PRICE SCHEDULE I 1,213 L.F. 8' x 5' Prestressed Reinforced Concrete Box, I including Embedment~ Complete in Place. I .. ~ .c~- o'~ FJ I Material: t9 ~ 5 H o r4 ~ eBio l?.~'a'ry Dollars [ ~q 0 Cents [ ~ .--- perUnit, i, I v , Labor: ~-~ g'l' }~ -r ~ o Dollars [ No Cents [ per Unit. l$ Total Bid Item #1 [ $ 2 2 L.S. 8' x 5' Cast in Place Type B Reinforced Concrete I Headwall, including Rock Riprap, Complete in Place. / Material: "Tta. 'T't't o o-~ ~$ ~.r.o ~. ~ ° ~)o~a~s~l r'4o Cents[ per Unit------'~ -/ Labor-~2.~.V~'~'l-IO0-~O ~.~F~¥ Ooll~I $ ZfOO $ ~,Ooo per Unit. / Total Bid Item #2 ~ SIGNED ~ SECTION 00140 - BID FOKM PAGE 4 i GATEWAY BUSINESS PARK I DRAINAGE, LINE "A' - 8'X5' PRCB UNIT PRICE SCHEDULE 3 Connect Existing 18" RCP to 8' x 5 Prestressed Reinforced Concrete Box Including Lowering and Plugging, Complete in Place. Material: "]-~.ao Jt4o,o oe ~.1o Dollars ~ Cents ~ $_ ~ $ Loo~-z- Labor: O,4e~oo°a'~'4~aX~-gg H9 ~DVo~l~sO ~ Cents per Unit. $ Total Bid Item #3 $ ]t.~''00 -'"' 4 Sawcut, Remove, Offsitc Dispose, and Replace Existing Pavement, Complete in Place. Material: N:l:~-I ~f~ Dollars ~ Cents $ 6/o8o~°'v- Labor: T'W ~.~T¥ Dollars ~ 0 Cents $ LK~ $ ~poo~' Total Bid Item #4 , $ 5 . Sawcut, Remove, Offsite Dispose, and Replace · Existing Monolithic Concrete Curb, Complete in Place. Material: ~:~ v' ~ Dollars ~4 ~ Cents a ° per Unit. $ Labor: ~ ~7'6~M Dollars ~[ 6) Cents' per Unit. $ Total Bid Item #5 $ i SECTION 00140 - BID FORM PAGE 5 m GATEWAY BUSINESS PARK DRAINAGE, LINE "A" - 8'XS'PRCB UNIT PRICE SCHEDULE 6 1 L.S. Relocate Existing 12" Water Line in Freeport Parkway, Complete in Place Material: Oe4 ~-~oo-~ I~o ]~T~.O~"T Dollars ]xl o Cents per Unit. $ Labor: ~"~ O~-'~e*°''u~'~t° '}'~o Doll.s ~o Cen~ o~ . o per Unit. $ Total Bid Item ~6 $ 7 3 C.Y. Encee Existing 12" S~it~ Sewer wi~ 3000 psi Concrete, Complete in Place. Mate~al: ~ ~ ~ ~ Doll~ ~ o Cen~ O per Unit. $ ~ $ Labor: ~O~ ~0 80~~ ~ Doll~ ~ O Ccn~ per Unit. $ O Total Bid Item $7 $ 8 0.5 Acre G~sing, Complete in Place. Material: ~O o ~ ~o ~ ~gP Doll,s ~ o Cen~ per Unit. $ ~OO $ ~OO Labor: ~o ~o~~ Doll,s ~ o Cents per Unit. $ ~ 000 $ O / Total Bid Item g8 $ SIG~D ~~~ I- I- I- SECTION 00140 - BID FO~ PAGE 6 GATEWAY BUSINESS PARK DRAINAGE, LINE "A" - 8'X5' PRCB UNIT PRICE SCHEDULE 9 1,213 L.F. Trench Safety, Complete in Place. Material: Iq O Dollars per Unit. $ O $ Labor: lq 0 Dollars per Unit. $ Total Bid Item ~9 $ 10 I L.S. Tr~c ConSol & Signage During Construction, includingTempo~ Asphalt Crossing with Removal & ReplacementofConcrete Curb ~d GuRer Complete in Place. Material: ~o o~o oa~ ~ per Unit. Labor: per Unit. $ Total Bid Item ~10 11 11 L.F. 36" RCP includingEmbedment~d Connectionto 8' x 5' Prc~csscdReinforced Concrete Box ~d to 66" RCP, Complete in Place. Material: per Unit. Labor: O per Unit. Total Bid Item ~11 SECTION 00140 - BID FO~ PAGE 7 GATEWAY BUSINESS PARK DRAINAGE, LINE "A' - 8'X5' PRCB UNIT PRICE SCHEDULE 12 53 L.F. Remove 53' of 60" RCP, Complete in Place. Material: ~.~ ~/t~ Dollars 1'-] c, Cents per Unit. $ La~r: 3 ~ ~ ~ ~ Doll,s ~ O Cen~ per Unit. $ 7 $. To~l Bid Item ~12 $ 13 1 L.S. 45% 60" RCP, Complete in Pla~. Materia~ ~ ~g ~o~oa~o M Dollm M O CenU per Unit. %) 0 Cents per Unit. To~l Bid Item ~13 $ 14 30 L.F. 60" RCP ~d Connect 60" RCP to 8'x5' Prestressed Reinforced Concrete Box, Complete in Place. Material: ~6 ~ ~ ~ Doll.s t ~ ~ Cents per Unit. $ Labor: ~ ~ 7 ~ Doll.s ~ 0 CenU per Unit. $. Total Bid Item gin $ SIGNED~ SECTION 00140- BID FO~ PAGE 8 GATEWAY BUSINESS PARK DRAINAGE, LINE "A" - 8'x5' PRCB UNIT PRICE SCHEDULE 15 6230 C.Y. Excavation, Complete in Place. Material: ~-] O Dollars M o Cents ~ ~'~ per Unit. $ Labor: O I'-! ~ Dollars ~ o Cents per Unit. $ $ Total Bid Item #15 $ ] 16 3680 C.Y. Backfill and Compaction, Complete in Place Material: ~ ~s Dollars ~ 6 Cents per Unit. $ Labor: 0 ~ ~; Dollars N o Cents per Unit. $ Total Bid Item/t16 ISIGNED I 00140 - BID FORM PAGE 9 SECTION J GATEWAY BUSINESS PARK -- DRAINAGE, LINE "B' - DBL. 60" RCP UNIT PRICE SCHEDULE 17 720 L.F. 60" RCP, Complete in Place. Material: ~l~x'-r'r¥ ~o'~ Dollars ~ o Cents per Unit. Labor: Go ~-~'~' go ~ ~ Doll.s ~ O Cen~ per Unit. Total Bid Item ~17 18 1 L.S. Remove Dbl. 60" Type B Reinforced Concrete Headwall, Complete in Place per Unit. N o CenU per Unit. Total Bid Item gl8 19 I L.S. Dbl. 60"C~t in PlaceType B ReinforcedConcrete Headwall, including Rock Ripmp, Complete in Place Matefial:O~ ~~°~ ~ ~oo~ ~o~e6gDoll~s N o Cen~ per Unit. Labor: ~ ~ o ~ 0 ~ ~ ~ O Doll.s per Unit. Total Bid Item ~19 ~ SIGNED~ SECTION 00140 - BID FORM PAGE I 0 GATEWAY BUSINESS PARK I I I I ~]c~.~ I I II II I I I ~=u~,~. I . ~ I ~ II J I I I I~~ I~~ II I I I I I=~ ~ ~- II J I ~ I J I I I ~ ~ c~ I ~ ~ I ~ II J I I I ~-c~ I , ~ I . ~ ~ II [ II I I i Material: ~oo~ ~oM~aep Doll=s I I II tj I I I =~or: =~o ~o~.~o ~o,,~ I ~'~ II ~ I I ~,u,~,. I ~ I ~ II ~ I I I I $ Looo I ~ ~ ~o II A I I I =o','~',~="=~ I'~-~ I- _'- ~ II ! I ~CTION 00140 - BID FO~ PAGE 11 GATEWAY BUSINESS PARK DRAINAGE, LINE "B" - DBL. 60" RCP UNIT PRICE SCHEDULE 23 300 L.F. Trench Safety, Complete in Place Material: ~ ~ Dollars ~ O Cents per Unit' $ Labor: O/-~ ~ Dollars ~q t, Cents per Unit. $ 1°~ s 3o0 Total Bid Item #23 o SIG SECTION 00140 - BID FORM PAGE 12 GATEWAY BUSINESS PARK DRAINAGE ALTERNATE~ LINE "A' UNIT PRICE SCHEDULE 1A 1,020 L.F. 8' x 5' Cast in Place Reinforced Concrete Box, including Embedment, Complete in Place. Material: ~ g;~ e~4-l' y Dollars I°, ¢ Cents per Unit. Dollars L~ e Cents per Unit. _ $ 1'7 06 Total Bid Item #lA 2A 193 L.F. 8' x 5' Precast Reinforced Concrete Box, including Embedment, (Crossing Freeport Parkway), Complete in Place. ' - ~o ~ ~ Material.~r~/~ H O ~4 v I~ ~ o ~4~ ~ ff?y Dollars Ix~ O Cents per Unit. $ ) Labor: O F4 ~ ~ o ~ ~ ~--Ca ~o v ~ Doll.s ~ O Cents perUnit. $ D T°~l Bid Item g2n $ TOT~ D~AGE~TE~ATES (I A - 2A) $ zoz z n s: TOT~ L~OR: $ I i ~SECTION 00140 - BID FO~ PAGE 13 ! GATEWAY BUSINESS PARK DRAINAGE, LINE "C" AND PAVING, STREET "A" UNIT PRICE SCHEDULE 24 153 L.F. 54"RCP, Complete in Place - Material: 3 ~'~eq.Ty Fo~ o,_ Dollars ~ o Cents per Unit o ~-] o Cents per Unit Total Bid Item #24 $ s L }tLc,,7 ~ 25 31 L.F. 18" RCP, Complete in Place. Ix] O Cents -- per Unit. $ 37a- lq o Cents per Unit. o Total Bid Item #25 26 440 C.Y. Excavation for drainage, Complete in Place. _ Material: l'~ o Dollars I',I 6 Cents per Unit. $ ~) $ O m Labor: O ~ ~ Dollars lq O Cents Total Bid Item #26 $ E SECTION 00140 - BID FORM ~ PAGE 14 l, GATEWAY BUSINESS PARK DRAINAGE, LINE "C'AND PAVING, STREET ~ UNIT PRICE SCHEDULE 27 33S C.Y. Backfill and Compaction, Complete in Place i Material: pq o Dollars -- ~.~ O Cents per Unit. Labor: 0 rq ~ Dollars -- }q o Cents i per Unit. , Total Bid Item #27 I 28 153 L.F. Trench Safety, Complete in Place. -- Material: ['4 0 Dollars t'40 Cents per Unit. ~ Labor: ~ ~ Dollars I 0 Cents per Unit. l Total Bid Item #28 i 29 I L.S. Traffic Control & Signage during Construction, Complete in Place. MatenabC9 Dollars /'q O Cents per Unit. - o Labor: O, ~Q""° O'3~.4~ Ic'~ q ~ ~ ° ~l~o~l~ars per Unit. f Total Bid Item #29 SIG~ r~,'.---.~ SECTION 00140 - BID FORM PAGE GATEWAY BUSINESS PARK DRAINAGE, LINE "C'AND PAVING, STREET "A" -- UNIT PRICE SCHEDULE s / ~-oo°~ - $ 8 o Labor: I~ ~.1 Bid I,m .,1 , -- 32 120 I C.Y. 16" ~ick b~e including hy~t~ lime, Complete in I [ Matefifl: - I I ] ]Labor: - I I ,0 ~ I I ~al Bid Item SIG~D SECTION 00140 - BID FO~ PAGE I GATEWAY BUSINESS PARK DRAINAGE, LINE "C"AND PAVING, STREET -- UNIT PRICE SCHEDULE __ ~-~ ~~ 33 i. 1 STA. Right-of-Way preparation, Complete in Place I Material: .~ E O' E, ~ Dollars -- ~ 0 Cents per Unit. Labor: 5 e, ur2~ Ho~l:~w ~°~''r Dollars -- '~ o Cents I per Unit. Total Bid Item//33 _ I 34 281 L.F. 3000 psi reinforced concrete curb and gutter, Complete in Place. I Material: ~'~., o Dollars ?,4 ~, Cents __ per Unit. I Labor: ~--o u ~. Dollars t',) a Cents - per Vni~. I Total Bid Item #34 -- 35 175 S.Y. Sawcut, remove, and off-site dispose existing asphalt shoulder, Complete in Place. I Material: ~ r~ ¢3 Dollars -- ~t- g,7 y Cents per Unit. I Labor: ~'~ ~: ~ Dollars -' Ga: F-Wy, Cents I per Unit. Total Bid Item #35 - I SECTION 00140 - BID FORM PAGE 17 GATEWAY BUSINESS PARK DRAINAGE, LINE "C"AND PAVING, STREET UNIT PRICE SCHEDULE 36 120 C.Y. Fill material and compaction for roadway embankment and under base, Complete in Place Material: ~--W ~e Dollars bl o Cents per Unit. Labor: "T ta. o Dollars f'q o Cents per Unit. ..... Total Bid Item #36 SIG TOTAL DRAINAGE (1 THRU 16) TOTAL MATERIALS: TOTAL LABOR: TOTAL DRAINAGE (17 THRU 23) $ TOTAL MATERIALS: $ TOT~ L~OR: $ TOT~ PAV~O ~V D~AGE (24 THRU 36) $ TOT~ ~TE~S: $ · TOT~ PROJECT(1 THRU 36) $ SECTION 00140 - BID FO~ PAGE i. BID SUMMARY: -- PART BASE BID ALT. BID I PAVING AND DRAINAGE (Items 1 thru 36) -- Materials: $ i, Labor: $ i IIA DRAINAGE ALT (Items lA and 2A) $ 3 0 ?~ ~ ~ -'-- _ Materials: $ Labor: $ -- TOTAL BASE BID $ or' ~ ]~ 7 ? ~ o._q..~o $ Materials: $ ~ $ Labor: $ P~.O 0t 0 ~ ~- ~ $ Quantities are not guaranteed. Final payment will be based on quantities determined by measurement methods described for each work item. i 1. BIDDER agrees that all Work will be complete within ff (9 working days after the date when the Contract Time commences to mn as provided in paragraph 2.3 of the General -- Conditions. i BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of -- failure to complete the Work on time. 2. Communications concerning this Bid shall be addressed to: .~ t The address of BIDDER indicated below. -- 3. The terms used in this Bid which are def'med in the General Conditions of the Constmctidn'.' i Contract included as part of the Contract Documents have the meanings assigned to them iff".' the General Conditions. - SIGNE~ -- SECTION 00140 - BID FORM If BIDDER is: _ An Individual By. -- (Individual's Name) doing business as Business address: Phone No.: A Partnership By. (Firm Name) (general partner) -- Business address: Phone No.: SECTION 00140 - BID FORM PAGE 20 A Corporation (Corporation name) (state of incorporation) By (name of person authorized to sign) (Title) (Corporate Seal) Attest _ (Secretary) Business address: Phone No.: -- 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 part to the joint venture should be in the manner indicated above). o0o SECTION 00140 - BID FORM PAGE 21 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 22 BID AFFIDAVIT 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 offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be __ calendar days from the date of the bid opening. STATE OF COUNTY OF _ BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared (name) who after being by ._ me duly sworn, did depose and say: "I, (name) am a duly authorized officer/agent for __ _ (name of firm) and have been duly authorized to execute the foregoing on behalf of the said __ _ (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 certify 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 influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: Telephone: ( ) By: (print) Title: Signature: SUBSCRIBED AND SWORN to before me by the above named on this the day of ,1998. Notary Public in and for the State of SECTION 00140 - BID FORM PAGE 23 EXPERIENCE RECORD List of similar projects your organization is now engaged in completing. List name and address, and telephone number of owner, when completed and total cost. List of surety bonds in force on above uncompleted work. $ $ $ $ List of similar projects your organization has successfully completed. List name and address, and - telephone number of owner, when completed and total cost. SECTION 00140 - BID FORM PAGE 24 DATA SHEET SUBMITTAL INFORMATION List of equipment owned 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 25 NOTICE -- THE FOLLOWING 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 26 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 3r~ day of August in the year 1998 by and between the City of Coppell (hereinafter called OWNER), Wright Construction Company (hereinafter called CONTRACTOR) and Catellus Development Corporation (hereinafter called Non-Compensated Contract Administrator) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: OFF-SITE PAVING AND DRAINAGE IMPROVEMENTS The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: OFF-SITE PAVING AND DRAINAGE IMPROVEMENTS, GATEWAY BUSINESS PARK, LOCATED IN THE CITY OF COPPELL, TEXAS Article 2. ENGINEER. The Project has been designed by: HalffAssociates, Inc. 8616 Northwest Plaza Drive Dallas, Texas 75225 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority 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 90 working days from the date when the Contract Time commences to mn as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 90 working days from the date when the Contract Time commences to mn. 3.2. Liquidated Damages· OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER 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. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiting any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred and No/100 ..... dollars ($ 500.00 ) for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with 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 $ 541,774.00. STANDARD FORM OF AGREEMENT PAGE 1 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided below. All progress payments will be on the basis of the progress 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 Requirements. 5.1.1. Prior to Completion, progress payments 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 OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90 % of Work completed. 90 % of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. 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 reports 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 the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to 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 CONTRACTOR for such purposes. 7.4. CONTRACTOR 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 STANDARD FORM OF AGREEMENT PAGE 2 responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by COlqTRACTOR 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 -- discovered in the Conmact Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. -- Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to _5, 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 consisting of__ pages. 8.4. Notice of Award. -- 8.5. General Conditions (pages 1 to 33, inclusive). 8.6. Supplementary Conditions (pages 1 to 9, inclusive). 8.7. Specifications bearing the title Cons~'uction Specifications and Contract Documents for the Construction of Off-Site Drainage Improvements, Gateway Business Park, Coppell, Texas, for the City 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 D-1 through D-3, DA-l, SC-l, EC-1 through EC-3, TC-1, inclusive with each sheet bearing the following general title: "Off-Site Paving and Drainage -- Improvements", Gateway Business Park, City of Coppell, Texas. 8.9 The following listed and numbered Addenda. 8.10. CONTRACTOR'S Bid (pages I to 21, inclusive) marked Division O-Bidding and Contract Documents Section 00140-Bid Form. -- 8.11. 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. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. _ STANDARD FORM OF AGREEMENT PAGE 3 Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings 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 binding on another party hereto without the written consent of the party sought 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 specifically stated to the conlrary in any written consent to an assignment no assignment will release or discharge the assignor fxom any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. STANDARD FORM OF AGREEMENT PAGE 4 Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart -- each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. _ This Agreement will be effective on August 3, 1998. OWNER: CITY OF COPPELL CONTRACTOR: WRIGHT CONSTRUCTION CO. 601 W. WALL ST. -- /~ COPPELL,P'O' BOX 409,TEXt255 PARI~.WAY75ff~} BLVD. GRAPEVINE, TEXAS 76051 Address for giving notices: k~d~dress for giving notices: (If OWNER is a public body, attach evidence of authority (If Contractor is a corporation, attach evidence of authority to sign and resolution or other documents authorizing to sign.) execution of Agreement.) NON-COMPENSATED CONTRACT ADMINISTRATOR: CATELLUS DEVELOPMENT CORPORATION 4545 FULLER DR. SUITE I00 IRVING, TEXAS 75038 Address for giving notices: (If Non-Compensated Contract Administrator is a corporation, attach evidence of authority to sign.) STANDARD FORM OF AGREEMENT PAGE 5 STATE OF TEXAS * COUNTY OF TARRANT * BEFORE ME, a Notary Public, the undersigned this day personally appeared LEMOINE WRIGHT, _ known to me to be the person whose name is subscribed on the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. _ Given under my hand and seal of office this ~.-~(j,_ day of ~_z4~~, 1998. 8/11/98 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NOEL/GREAVES Incorporated HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A Summit Global Partner ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. J_ 3100 Monticello, Suite 300 COMPANIES AFFORDING COVERAGE Dallas, TX 75205 COMPANY A Transcontinental Ins Co. NSURED COMPANY Wri§ht Construction Co., Inc. B Continental Casualty Ins. Co. 601 W. Wall St. COMPANY Grapevine TX 76051 C National Union Fire Ins. Co. ~L COMPANY I D National Surety Corporation ~...-.-..- ........ :-.-.-. ~ ................. ::::::::::::::::::::::::::::::::::::::: ................................................ ::: ::: :::::: ::: ::: :::::::::::::: ::: ::: ::: ::: ::: ::: ::::::::::::::::::::::::::::::::::::::: !~i i:i:i i iii iii iii iiiiiiiiii iii ........ ~hi~"i~"'~j'"'c'ER-~'ll~,~' THXT BEEN issuED ;r0 'T~E 'iNS'U'RED' NAMED ~B0vE FOR THE POLICY PERIOD _L 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, POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY C163015909 11/29/97 11/29/98 GENERAL AGGREGATE $ 2000000 COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/DP AGG $ 1000000 __ CLAIMS MADE ~-~ OCCUR PERSONAL & ADV INJURY $ 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 50000 MED EXP (Any one person) $ 5000 AUTOMOBILE LIABILITY C163015912 11/29/97 11/29/98 COMBINED SINGLE LIMIT $ ANY AUTO 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY BE3570979 11/29/97 11/29/98 EACH OCCURRENCE $ 20000000 UMBRELLA FORM AGGREGATE $ 20000000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC 1 42895063 1 1/29/97 1 1/29/98 TORY L MITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1000000 THE PROPRIETOR/ INCL EL DISEASE- POLICY LIMIT $ 1000000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ 1000000 D OTHER MZI80361003 t 1/29/97 11/29/98 Contractors As scheduled Equipment $500,000 unscheduled max. per $1,000 deductible item DESCRIPTION OF OPERATIONSlLOCATIONSIVEHICLES/SPECIAL ITEMS RE: Off-Site Paving & Drainage Improvements, Gateway Business Park, Coppell, TX (Bond TX544774) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Coppell EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL L P.O. Box 409 lO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 255 Parkway Blvd. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Co ell TX 75019 OF ANY KIND/~UPO, THE COMPANY, ITS AGENTS OR REPRESENTATIVES. PP ' v PERFORMANCE BOND TX 544774 STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE AS AMENDED (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That, Wright Construction Co,, Inc, (hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corpo- ration organized and existing under the laws of the State of Iowa, with its principal office in the City of Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Coppell Five Hundred Forty One Thousand Seven Hundred (hereinafter called the Obligee) in the amount of Seventy Four 00/100 Dollars ($ 541,774.00 ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the,~___~ Off-site paving & drainage improvements, Gateway BusinE day of ~_~.%'T , 19 e[ ~, to Park, Coppell, TX which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and con. tract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this Witness: (Seal) Indivi al or Fir / // Atte _ /~'>/ (Seal) J N~ (IfL'~rl~ora~) Principal MERCHANTS BONDING COMPANY (Mutual) Surety (Seal) z-in-Fact PAYMENT BOND rx 544774 STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE AS AMENDED (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That, Wright Construction Co., Inc. (hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corpo- ration organized and existing under the laws of the State of Iowa, with its principal office in the City of Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Coppell Five Hundred Forty-One Thousand Seven Hundred (hereinafter called the Obligee) in the amount of Seventy Four 00/100 Dollars ($. 541,774.00 ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ~ ~ Off-site paving & drainage improvements, Gateway Busin, ss day of ~w~~ , 19 ~ , to Park, Coppell, TX which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this l / 7~ day of \ //7/ (S al At,e4' ~ fff~diVid~ or Firm~' // ,"/' (Seal) ' ~ Co~ratio~ ~ineipal Mg~C~8 BOND~G COMPLY ~utual) S~ety ' GENERAL CONDITIONS " OF THE ~ CONSTRUCTION' CONTRACT '" Prepared by Engineers' Joint Contract Documents Committee '-' and Issued and Published Jointly By ,I""-- J SOCIETY 0F l ~, PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE · A prac'~ice di:,ixion of the NATIONAL SOCIETY OF PROFESSIONAL ~NGtN ~RS AN{ERICAN CONSULTING ENGINEERS COUNCIl. ?.. AN[ERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been .ap~ roved and endorsed by "~ The Associated General ~'5'~ i~: Contractors of America These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. ,.. 1910-8-A-1 or- 1910-8-A-2, 1983 editions). Their provisions are interreJated and a change in one may necessitate a change in the others. Comments concerning their usage are co.n!ained in the Commentary on Agreemen:s for En$!Aeering Services 'and .Contract Documents, No. 1910-9, i95t 'editJo_,_a_ Eot guidance in tee preparation of Supplementary C-ot~diriOhg, 'see Guide to the Preparation of Supple- mentary Condi:ions (No. 1910-I7, 1983 e~tion). When bidding is involved, the Standard Form of Inswuctions ro Bidders (No. I910-12, 1983 edition) may be used. No. I910-8 (19S3 Edi'.ion) ' TABLE OF CONTENTS .OF GENERAl., CONDITIONS - Article '. Number Title Page r"'e I DEFINITIONS ..................................................... 7 ', 2 PRELIMINARY MATTERS ........................................ 8 ?, 3 CONTRACT DOCUMENTS: INTENT. AMENDING AND REUSE ... ............ ;:..' ............. 9 4 ,AVAILABILITY OF LANDS; PHYSICAL CONDITIONS: r- REFERENCE POINTS .............................................. 10 ~ BONDS AND INSURANCE ..: ..................................... 11 Jr- 6 CONTRACTOR'S RESPONSIBILITIES ............................ I4 7 OTHER WORK ' . ................... 18 8 OWNER'S RESPONSIBILITIES ' . ..........19' ~ ENGINEER'S STATUS DURING CONSTRUCTION .............. 1.9 10 CHANGES IN THE WORK .......................................... 21 '-- 1 ! CHANGE OF CONTRACT PRICE .................................. 21 12 CHANGE OF CONTRACT TIME ................................... 24 13 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................... 24 14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26 15 SUSPENSION OF WORK AND TERblINATION .................. 29 16 ARBITRATION ............... ' 31 17 MISCELLANEOUS ................................................. 32 ' .. _ -.-.- ..--~ - --:'.-..< :'.-.'-.--;; 5":,~ .": "-'i.'.%:':,".~-;.'~ .'"".' :" :"'"::'"" -- - .... . .... · ....: ..... . .:.?. ,:..-::":'.. .... :-.. ...,-'-. '-. ....:-, .-.~.:;~..~' '...~..: ' ' -..~.:....-.~.-:=..~ ;....; .-.'-~.._ = ...: ':... - . 3 . - -' '..-.'--: .... .' ' '. _- r',. ~ , . . '.'"~:.:~.~-:'.~::-'-'.-'i:.' '-.- '".':- ' ' ' · ' "- .-:' .:.. INDEX TO GENERAL' coNDITIONS ." Article or paragraph Number Acceptance of Insurance Access to the Work ............................. $.13 .,Contractor's Warranty 0f Title ........................ 14.3 13.2 Contractors---other ...................................... 7 Addenda---definition of(see definition of Contractual Liability Insurance " SPecifications) ....................... r COOrdinating Contractor--definition of ................ 7.4 Agreement--<iefinition of · I Coordination ................ ' 7.4 All Risk Insurance W' ' .................................... 5.6 Copies of Documents .................................. 2.2 Amendment, ntten .............................. 1,3. I. 1 Correction Or Removal of Defective Work ........... 13.11 Application for Payment-definition of .................. I Correction Period, One Year ..; ..... ' ......13.12 Application for Payment, Final ................ , ..... 14.12 Correction, Removal o~: Acceptance of Defective APplication for Progress Payment '. .................. ; 14.2 ' Work--in general ........... ' ........... 13.11-13.14 Application for Progress Payment--review of .... 14.4-14.7 Cost--net decrease ................... : .. ............ 11.6.2 Arbitration ............................................. 16 Cost of Work .:.... .................... : .......... 11.-,-11._ Authorized Variation in Work ........... , ............. 9.5 Costs, Supplemental ' 11.4.5 Availability of Lands .................................. 4.1 Award, Notice of-defined .. ............................ I Day--definition of .................................... :.. 1 Defective--definition of ................................. I Before Starting Construction ... ..... 2.5-2.7 Defective Work, Acceptance of ...................... 13.13 Bid--definition of ......................... -, ............ 1: Defective Work, Correction or Removal of 13.11 Bonds and Insurance--in general .......... Bonds-definition of ........................ 5 Defective Work"in general ............... 13.14.7. 14. I 1 ....................... .............. I Defective Work. Rejecting 9.6 Bonds, Delivery of ............................. ......................... ; ...... 2.1, 5.1 Definitions ............................................... ! Bonds, Performance and Other .................... 5.1-5.2 Delivery of Bonds ................. ; ................... 2.1 ' Determination for Unit Prices ........................ 9.10 Cash Allowances ..................................... ! 1.8 Disputes, Decisions by Engineer ................. 9.11-9.1 Change Order---definition of ................... 1 Documents, Copies of ..... ' Change Orders--to Be executed ............................... Changes in the Work ...................... 10.4 Documents, Record .................................. 6.19 ................................... 10 Documents, Reuse . ....3.6 Claims, Waiver of--on Final Payment ............... 14.16 Drawings--definitio.n or ...: .............................. 1 Clarifications and Interpretations ...................... 9.4 Cleaning ............................................. 6.17 ' Completion ............................................. 14 Easements 4.1 Effective date of Agreement--definition of ............... 1 Completion. Substantial ......................... 14.8-14.9 Emergencies 6.22 Conference. Preconstruction ........................... " ............. .......................... 2.8 Engineer---definition of'. ................................. Conflict, Error, .Discrepancy--Contractor Engineer's Decisions ............................ 9.10-9.12 to Report ...................................... 2.5, 3.3 Engineer's--Notice Work is Acceptable ............. 14. Construction Machinery, Equipment, etc .............. 6.4 Engineer's Recommendation of Payment ...... 14.4. 14.13 Continuing Work .............. : ...................... 6.29 Engineer's Responsibilities, Limitations Contract Documents--amending and on ..... : ............................ 6.6.9.11.9.1.3-9.16 supplementing ............... ;; ................. 3.4-3.5 Contract Documents--definition of Engineer's Status ~uring Construction--in general ...... 9 Contract Documents--Intent ...... 3 i 3 ~ Equipment, Labor, $laterials and. i ................ 6.3-6.6 ................. - . Equivalent Mate~:ials and Equipment .................. 6.7 Contract Documents--Reuse of ....................... 3.6 Explorations of physical'conditions '. .................. 4.2 Contract Price, Change of ............... : .............. 1 ! Contract Pdce-:-definition Contract Time, Change of ............................... ! Fee, Contractor's--Costs Plus ........ : ............... I 1.6 .............................. 12 Field Order-definition of i COntract Time. Commencement of ............................... 'Contract Time--definition of .................... 2.3 Field Order--issued by Engineer ................ 3.5.1.9.5 ............................ I Final Application for Payment ....................... 14.12 Contractor---definiti6n of ....... I Final Inspection 14.1 ! Contractor May Stop Work or Terminate ...... , ...... 15.5 Final Payment and Acceptance ...................... 14. Contractor's Continuing Obligation .................. 14.15 Final Payment, Recommendation of ........... 14.13-14.14 Contractor's Duty to Report Discrepancy in Documents ................. ' '2 5, 3 ~ Gene~l Pro~,isions .............. · 17.3-17.4 Contractor's Fee---Cost Plus ... 11.~'.5:~, 11:~.1', 11.6-11.7 i~eneral Requirements---definition of ' . ........... 1 Contractor's Liability Insurance ........................ 5.3 General Requirements--principal Contrac.tor's Responsibilities-in general ' · .....' ' 6 . references to ' .. 2.6. 4.4.6.4.6.6-6.7, 6.23 · . .' .- : :.. .: ..-.. .':.y. ....--..:.-- · .. .:. " ::"' ' ' ': '"'-' ' · 4 f~- : ':. :.. . .. . . : :. .~ -. :: . · .' :' -.'~: ... - . . . Giving 'Notice .................... .~ .......~.'.';: .'.::: ::' 17. i ' : Payments to Conrractormwhen due -_-; .~':1'-~%.; ~ ~;.~';. 14.4;. 14. ! . . · _ . . . ~...' .. -~ .;- .,% Guarantee of Work--by Contractor -';;.;.~.;":,; :':-~c:.-::5.'.'13;I '~,.,-.-,~ c thholdln ' *:-'~' ........ ~en~.to Contra tor.--va g -~,,,., .........;*,44.7 ........ ,., ' PeE~rrnince and other Bonds. 51~':*-'- ~ ~ ~"?~i:;; .'.:': ~ Indemnification ................................ .* 6.30~.32 Permits ' ....: ...... '..'.;';..;.;:..~;;.:;:i 6.13 Inspection, Final ............................ ..... ~.. 14.11 Physical Conditions .. ........ - ..... ; .... ;.:: :-;;41;'i ...... 4.2 Inspection. Tests and ....................... ; ..........13.3 Physical Conditions--Engineer's review ...;; ........ 4.2.4 ,,, Insurance, Bonds and--in general ................... ',... 5 Physical Conditions--existing structiires-.~'~'~:.';:-.... '4.!.! Insurance, Certificates of ......... ; ................. 2.?, $ Physical Conditions--explorations and repons ....... 4.2,1 Insurance--completed operations ................ :... ;. f.3 - Physical Conditions.-poss~le document change ..... 4.2.5 Insurance, Contractor's Liability ...................... 5.3 Physical Conditions--p!ice mid time adjustment~ '......4.2_~ '" Insurance, Contractual Liability ......... ' ......... 5.4 Physical Conditions--report of differing ............. 4.!.3 Insurance, Owner's Liability .;...; ..... i .... ;.. ' $.5 .Physical Conditions--Underground Facilities .......... 4.3 Imsurance, Property ............ '... ;...' ........ ;'.. 5.6.5.13 .. PreconstmctionConference ' - ;-:; ~-',-': ;:-~,-'o- -. ~ 2.8 r-- Insurance--Waiv'er of Rights '" .......... ~..--'~'i.'.':~'Li. ll" "Preliminaryblatters .......... ;.:...-'.--:~-.-:.."J::.;-;....L~;.L 2 Intent of Co,iw, ct Documents .................. -. 3.3, 9~'14 Premises, Use of ' ..:-..,;...~..;..6.16-6.18 Interpretations and Clarifications ................ ;..;.. 9.4 Price, Cha~. ge of Contract -';.:;-;..'..: .... C; .... :..LL.'... I1 Investigations of physical conditions ......... 4~ Price-Contract--definition of ' .. ;... 1 r- Progress Payment, Applications for. ' ' 14,2 Labor, Materials and Equipment ...... ' ......6.3-6.5 Progress Payment--retninage ......................... 14.2 .. Laws and Regulations~definition of ..................... I Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2~6 ,,_ Laws and Regulations--general ....................... 6.14 Project--definition o~ ............... ' 1 Liability Insurance--Cbntractor's ' . ..... ;.. _f.3 Project Representation--provision for ................. 9.3 : Liab/lity Insurance--.Owner's ......................... $.:5 Project Representative, Resident--definition of .......... 1 Liens--definitions of ....... ' .................. 14.2 Project, Starting the ................... ~ ......... ' ......2.4 "' Limitations on Engineer's Proi~.rty Insurance ............................... §.6-$.13 Responsib~ities ..................... 6.6, 9.1 t, 9.13-9~16 Property Insurancc~Partial Utilization ............... $.15 Property Insurance~Reccipt and Application ~_ Materials and cquipmcnt~furnished by Contractor ' 6.3 of Proceeds .................... L:~..'.':.~'~'. .... $.12-$.13 Materials and cqnipment~not Protection, Safety and .......... :~.. ~ .... : .... '..-. 6.20-6.21 incorporated in Work .............................. 14.2 Punch list ............................................ 14.11 Materials or equipment--equivalent ................... 6.7 "- Miscellaneous Provisions ............................... 17 .Recomlnendation of Payment ...... :: .... : ..... 14.4, Multi-prime contracts ............... .- ................... 7 Record Documents ................................... 6.19 Reference Points': ...................... ' ............... 4.-.' ,-. Notice, Giving of · 17. I Regulations, Laws and ............................... 6.14 Notice of Acceptability of ProJect ................... 14.13 Rcjccting Defective Work ............................. 9.6 Notice of Award-definition of .......................... I Related Work at Site .............................. 7.1-7.3 Notice to P. rocced--Ldcflnition of ......................... ! Remedies Not Exclusive ' 17.4 ,,-' Notice to Procecdmgivlng of .......................... 2.3 Removal or Correction of Defective Work ........... 13. !! Resident Project Representative--definition of ........... 1 "Or-Equal" hems ..................................... 6.? Resident Project Representative~provision for ........ 9.3 Other contractors "- Other work ....................................... 7 Responsibilities, Contractor's--:in general ............... 6 .............................................. 7 Responsibilities, Engineer's--i~ general ................. 9 Overtime Work--prohibition or' ........................ 6.3 Responsibilities. Owner's--in general .................... Owner---definition of .................................... I Retainage ' 14._' ~ .Owner May Correct Defecdve Work ................. 13.14 Reuse of Documents .................................. ~..~ Owner May Stop Work .............. .:. .............. 13.10 Rig.hts of Way ......................................... 4.1 Owner May-Suspend Work, Terminate ' I~. 1-15.4 Royalties, Patent Fees and ...- ........................ 6.1" Owner's Du.~y 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._~8 · 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 ,., Partial Utilization--definition of ......................... ! Schedules, Finalizing .......... ~ ....................... 2.9 Pan/al Ut~iTntion--Property Insurance ............... 5.15 Shop Drawings and Samples ..................... 6.23.5.28 Patent Fees and Royalties ............................ 6.12 . Shop Drawings~definition of ......................... ' I t Payments, Recommendation of ........... 14.4-14.7, 14.13 · Shop Drawings, usc toappro.v.e "' .'Payments to Contractor~in general ............. - ....... 14 substitutions ................ ' ............... 6.7.3 -'-'-.. · -''" -:.; . . .'..5:; :-: .. ......._ :. . .. . , - : "'" "-.5- :'!'.::"-:'v" '" '~-': '..' ' ~-, ' "'" '".. !'""Q"-: ' - .... ': ' ' '' ' '' '"""':"'"' :'"":: '--.',. -':.".-'* i: . : ' '-- '- '" ' " ': · :... ... :.. -7' .'...'. :'. ":.;'. ':...'.': ....... ..................... 15.5 ~t ---~'. ..... ............ · .......'.. ~.. i3,10 Undergmu~ Facilities==defln~o~' ....... : ...... Subcon~tor--~lctinition of ....... ~ Undergn~und Facilities,--not shown ~ ind[cnted ...... 4.32 Subcont~tors.v-in ~eneral ........................ ! - Underground Fac~lities...protectglm O{' ' 4.3.6,20 ....................... 6.~6.11 -. Underground, Facilities-.shown or indicated ..:~ ..... Subcontmcts--r~ provisions · 5.!1.1, 6.1 ! ........ 4.3.1 , ' .... ... Unit Price Work--delfnidon orr .......... ~ .............. [ stan~. _Comple ~lion._certi~cati0ii or' .............. '14.8 Unit Price Work-=general ' ......... :~ ...... 11.9. 14.1.14.5 ostantill Com~)letion--deltnitioii of ...... i .-Unit Prices ' · ..........~'-' ................ 11.3. I Substitute or "Or-Equal'- Items Unit Prices, Determinations for .... '"~-.-. ................ 9.10 ....................... 6.7 Use or'Premises .-. ...... · Subsurface Conditions : ......... : ................... 4,2-4.3 ......................... 6.16-6.18 Supplemental costs ............................ ~... ~ I 1.4.5 Utility owners ........... --' ........ ~ 6.13.6.20. ?.2-7.3 Supplementary Conditions--=definition of ......... ~ ......I Values, Schedule of Supplementary Conditions--principal .................. 2.6. 2.9. 1'4. I Variations in Work~,buthorized ... ' ....... 6.~. 6.27.9.5 references to .. 2.2, 4.2, 5.1, 5.3, 5.6-5.8, 6.3, 6.13, 6.23. Visits tO Site--by Engineer ......... 9.2 7.4.9.3 .................... Supplementing Contract Documents ............... 3.4-3.5 Supplier--definition of ................................... I Waiver of Claims--on Final Payment ................ 14.16 Supplier---principal references to . .. 3.6, 6.5, 6.7-6.9, 6.20. Waiver of Rights by insured parties .............. 5.10. 6. ! 1 6.24, ~.13, ~.16, 11.8, I3.4, I4.12 Warranty and Guarantee--by Contractor .............. 13.1 Surety--consent to payment .................. 14.1'2, 14.14 .Warranty of Title, Contractor's ........... ............ 14.3 Surety~Engineer has no duty to W6rk, Access:to Surety~notice to..: ....................... 10.1, 10.5, I~.~ 13.2 ..................... Work--by others ..................................... Surety--qualification of ........................... 5.1-5.2 Work Conttnmnt Durin~ Disoutes Suspending Work. by Owner ......................... 15. ! Work, Cost of .................. : ................ 1 i.4-11.5 Suspension of Work and Termination--in general 1~ ' Work-definition of ' Superintendent~Contractor-s ......................... 6.2 Work Directive Change---definition of ................... Supervision and Superintendence ............. 6.1-6.2 Work Directive Change~pdncipal" references to ............................ 3.4.3.10.1-I0.2 Taxes--Payment by Contractor Work, Termination--by Contractor ....................... 6.15 Neglected by Contractor ..................... 13.14 .......................... 15.5 Work, Stopping b.y COntractor .... i...' .... . j'~'. ......... 15.5 Termination--by Owner ......................... 15.2-15.4 Work, Stopping by Owner ............ . ........... 15.1-15.4 Termination, Suspension of Work and~in general ...... 15 Written Amendment--definition Tests and Insoections ........................... 13.3-13.~ Written Amendment~principal ~ ..................... ! -Time. Chang~ o£ Contract .............................. I_ references to 3.4.1. I0.1.11.2. malone 4.2 or prelmred by Directive Chanle Contract Time. bm is evidence that the parties expect t~. illustrme po~'0fCheWork, the change directed or documented by a Work DirectiVe Change will be Lacorporated in a sgb. sequently iSSUed C~ange' consisting of~ Ord~ following neg~t/afions by the' parties as to its effect. equipment, eonstrm~on s~t,,.-.- . _ i any, on the Contract Price or Conb'acr Time as provided shin as a,,,,,=? ..... .g..-~o,~.m,,, = and workman- applicable thereto, ' : . - ndmidslrative details '-~'~ Written Amencbnent~A written a~endment of' cb~ Contract · Documents, si~ned by OWNER and CONTRACTOR on or · .Tub¢ontractor~An individual, firm or corporation hav/ng a after the Effective Date of the A~recment and normally deal- direct contract with CONTRACTOR or with any other Sub- Lng with the nonen~ineering or nontechnical rather than strictly contractor for the Performance of a part of the Work at the site. Work-feinted aspects of the Contract Documents. Sabstanricd Complenon--.The Work (or a specified part thereof) ha~ pro~essed to the point where, in the opinion of ENG[- ARTICLE 2__?RELi~NAR¥ MATTERS NEER as evidenced by ENGINEER's definit/ve certificate of Substantia] Completion, it is su~ciently complete, in accordance with the Contract Documents, so that the Work Delirez7 ofB. o.n~: (or specked part) can be utilized for the purposes for which 2.1. Whe~ CONTRACTOR delivers the executed it is intended; or LC' there be no such certificate issued, when meats to OWNER, CONTRACTOR shall also deliver to final payment is due in accordance w~th potage'apb 14.13. The OW'NEE such Bonds as CONTRACTOR may be requ/red to terms "substantially complete" and "substantially corn- furnish in accordance with para~-aPh 5.1. pieced" as applied to any Work refer to Substantial ~omple- . tion thereof. Copies of Doc,men:$: $'pp/ememary Con~itions__Th¢ parc of the Con tract Docu- 2.2. C)WNE~ shall furnish to CONTRACTOR up to meats which amends or supplements these General Condi- copies (unless otherwise specified ~n the Supplementary Con- tions. ditions) of the Cont~ct Documents as are rea~onabl~, nec- essary for the execution of the Work.'Additional copies w~ll Supplier~A manufacturer, fabricator, supplier, distributor, he furnished, upon request, at the cost or'reproduction. mater/alman or vendor. Commencement of Con:ract Time; Nor~ce ~o Proceed; Under~r°undFaciliffe~AJlpipelines, conduits, ducts, c~hle$, 2.3. The Contract Time will commence to run on the w~res, manholes, vaults, tanks, tunnels or other such facilities thirtieth day after the Effective Date of the-Agreement, or. if or attachments, and any encasements containing such facil- a Notice to Proceed is giver~ on the day indicated in the ities which have been installed underground to furnish any of ~6tice to Proceed. A Not/ce to Proceed may be given at the following services or materials: electricity, gases, steam, time within thirty days after the Effective Date of the Agree. liquid Petroleum products, telephone or other communica- meat. In no event will the Coritract Time commence co run tions, cable television, sewage and drainage removal, traffic or other control systems or water, later than the seventy-fifth day after the day of Bid opening_ or the thirtieth day after the Effective Date o~'the Azreement. Unit Price Work--Work to be paid for on the basis of unit whichever date is earl/er. prices. Starting the Project: Work--The entire completed construction or the various sep- 2.4. CONTRACTOR shall st~ to perform the Work on arately identifiable parts thereof required to be furnished the date when the Contract Time"~bmmences to run, but no under the Contract Documents. Work is the result of per- Work shall be done at tl~e site pri~i' 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, ali as required by the Contract Documents. ~. Work ' ' · Before'Starting Construction: ~. , ToR, D. trecttv..e. Change~A wntte.n dtrective to CONTRAC- 2.5. Before unde'rtaking each parc of the Work, CO~N- .xssued on or after the Effective Date of the'Agreement TRACTOR shall carefully study and compare the Contract and signed by OWNER ~d r¢com'mend~d by ENGINEER, '. Documents. and check and'-verify 'pertinent. figures shown ~ereon and all appli~/ab[e field ineisurements.'CONTR~C-: $,ra'pE 2.6:'Th~ firiali~cd prOgress schedule.wilt b~'acceptabi~ r"' TOR shall promptly report in writing to ENGINEER any to ENGINEER as providing an orderly pro~ession of the : conflict, error or discrepancy'which CONTRACTOR' may Work,: to completion within thc Contract Time, but such discover and shall obtain a written interpretation or darifi- acceptance will neither impose On ENGINEER responsibilitF ~,, cation from ENGINEER before proceeding with any Wo~ for the progress or scheduling of the Work nor relieve CON- ~ affected therebyi however, CONTRACTOR shall not be lin- TRACTOR from full responsibility therefor. The finalized ' ble to OWNER or ENGINEER for failure to report any schedule of Shop Drawing submissions will be acceptable to conflict, error or discrepancy in the Contract Documents. ENGINEER as providing a workable arrangement for pro- ~ unless CONTRACTORhad 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. With/n ten days after the Effective Date of thc Agree- . . ... - . ; merit (unless otherwise Specified in the General Require- ARTICLE 3mCoNTR.~CT DOCUMENTS: INTENT. merits), COl/TRACTOR shall submit to ENGINEER for AMENDING, 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; merit between OWNER and CONTRACTOR concerning the · Work. The Contract Documents are complemenm'y; what is , 2.6.2. a preliminary schedule of-Shop Drawing sub- called for by one is as binding as if called for by all. The missions; and Contract Documents will be construed in accordance with t""' the law of the place' of the Project. '! 2.6'.3. a preliminary .schedule of values for all of the ' Work Which will include quantifies and prices of items 3.2. It is the intint of the Contract Documents to describe aggregating the Contract Price and will kubdivide the Work a functionally complete Project (or pan thereoi) to be con- ?- into component parts in sufficient detail to serve as the s~rhcted in accordance with the Contract Documents::AnF 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 intended result will be supplied whether or not specifically ; firmed in writing by CONTRACTOR at the time of sub- called for. When words which hav'e~-wetl-known ~echnicai ' mission, or trade meaning are used to describe Work. materials or ~quipment 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 , TOR shall deliver to OWNER, with a copy to ENGINEER, or codes of any technical society, organization or association. certificates (and other evidence or' insurance requested by or to the Laws or Regulations of any governmental authority. ~ OWNER)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 excep~ as may be otherwise specifically stated. However. no accordance with paragraphs 5.6 and 5.7. . provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference ~ Pre¢oruerucrion Conference: in the Contract Documents) shall be effective t'o change the : duties and responsibilities of OWNER, CONTIC~CTOR or 2.8. Within twenly days a/let the Effective Date of the E.tNGINF-F-~ o1: any of ~eir consultants, agents or employ- Agreement, but befor~ COHTtC~CTOR star~s the Worl~ at ecs from those set forth in the Conwact Documents, nor shall ~- the site, a conference attended by CONTRACTOR, ENGI- it be effective to assign to ENGINEER, or any of ENGI- ~ N'EER and others as appropriate will be he'Id 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 underxake responsi- processing Applications forPayment,andtoestablishaworking bility contrary to the provisions.of para.~aph 9.15 or 9.16. 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. F/,,,,~/ng Schedule. s: . ' . · 3.~. 'It', dun'rig the performance nftl~: Work, CoNTR2~c- 2.9..Atleast ten days before'sulmfission of the firstAppli- .. TOR finds a conflict, error or discrepancy'in the Contract '? "cation for Payment a conference attended .by CONTRAC .... Documents, CONTRACTOR. shall so report to. ENGINEER , TOR, ENGII',IEF..R and.others as approp.ri, ate will be held to '.,.. in writingat once and.befol:e.proc¢¢ding with the Work affected '-- finalize the schedul~s'ibbfnitted -in accordance' with para- . thereby shall obtain a written interpretatio~ or cladfication from ENGINEER; however, liable to OWNER or ENGINEER cona~ en~; ~ discrepancy in'the CoaSt Docun~nts neat unless C~CTOR had nctuM knowledge the~ofor should reasonably have ~:nown thereof. ~ C~ct. .- ' - Documents. If CONTRACTOR believes, that-any delay in Amending and Supplementing Contract Documents: OWNER's .furnishing these lands~: rights-of..way or ~ase. meats entities CONTRACTOR ~o an extension of the COn. tract Time. CONTRACTOR rnn~-make a claim therefor as 3.4. The Contract Documents may be amended to pr~- provided in Artic~ 12. CONTR~_'.CTOR shall provide fOCall. vide for additions, deletions and revisions in the-Work or'to additional lands_ andaccess' thereto that may be req'~red:for . modify the terms and conditions thereof in one or m0~'~ 'of' temporary construction facilities,or; itorage Of materials and the following ways: equipment. " 3.4.2. a Change Order (pursuant to paragraph 10.4), 4.2.1. E. rpl~ration~ ~md'RePo'rt-s: Reference is made or to the Supplementary Conditions for identification of those reports of explorations and tests ofsu~surface conditi6ns 3.4.3. a Work Directive Change (pursuant to para- at the site that have been ut/l/zed'by ENGINEER in prep- graph 10.1L aration of the Contract Documents. CONTRACTOR may "~ ' - rely upon the accuracy of the technical data contained in As indicated in paragraphs I 1.2 and 12. I, Contract Price and such reports, but not upon nontechnical data. interprets- Contact Time may only be changed by a Change Order Or a tions oropinions contained therein orfor the completeness Written Amendment. - thereof for CONTRACTOR's purposes. Except a~ indi- 3.5. In addition, the requirements ofthe Contract Docu- cared in the immediately preceding sentence and in para- men~ 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 graph 4.2.6; CONTR~CTO.R shall have full respo.nsibilitv following ways: 4.2.2.. F..risting Structures: Reference ~ made to the Supplementary Cono~t~ons'i ~or identification of those 3.5. i. a Field Order (pursuant to paragraph 9.5), d_~Wings of physicai conditions in:or relating to existing surface and subsurface structures (!except Under_~ound 3.5.2. ENGINEER's approval of a Shop Drawing or Facilities referred to in paragraph 4.3} which are,at or sample (pursuant to paragraphs 6.26 and 6.27), 6r cont~guou~ to the site that have .been utilized by ENGI- NEER in prepa~t, ion of the .Contract Documents. CON- 3.5.3~ ENGINEER's written interpretation or clariH- 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 re[atin~ 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 OfOiffer[/~g ~ond4'f[o/t$: It' CO.~ 1~. ate_ rights in any ot' the Drawings, Specifications or other docu-' TOR believes that: ' meats {or copies of any thereoF) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written 4.2.3.1. any technical data on which CONTR.~,C. consent of OWNER and ENGINEER and specific written ' TOR is entitled to rely as provided ia para_t, raphs 4.2. ! verification or adaptation by ENGINEER. and 4.2.2 is inaccurate, or 4.2.3.2. any phys~caf'con&tion uncovered or ' CONDITIONS; REFERENCE POINTS revealed at the site differs:materially Lrom.that iadi- ARTICLE 4-"AVAILABILITY OF LANDS; ·PHYSICAL cared, reflected or referred' to in the Contract Docu- ments, A~a~labil~ of Lan~: 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 ei~ergency as Permitted'by para- '"~ Documents,. the lands Upon which the Work is to be per- . graph 6.22), notify OWNER and ENGINEER in ~xiting formed, rights-of-way and easements fo~ access thereto, and : .".'about the inaccuracy or differeti~:e~'.. ,., prompdY review the I~erti~e~t c'°nditioe~:. ~de~fi~Jthe qucnce~ of the exi$[ence of the .Underground Facility. and. necessity at'obtaining additional*explorations or tests with ,..::i:.--. respect'thereto and advis~OWNER in writing (with a copy thecontratt Documents will be amended or supplemented to CONTRACTOR) of ENGINEER's findings and con- - ' to the extent necessary. During such time. CONTP, AC- ,-=' clusions... ..- ... _. .TOR Shall be res~ns~le for the safety and protection of such Underground Facility as provided in para_~-aph 6.20. : 4.2.5. Po~ible Document Change: If ENG~IEER CONTRACTOR shall be allowed an increase in the Con- : concludes that there is a material error in the Contract tractPrice'or an extension, of the Contract Tune, or both. '- Documents or that because -of newly discovered condi- to the exteht that they are attributable to the existence, of lions a change~ the Contract D0~mnents is require_d, a anyUnd~nd Facility that was n°tsh°wn°rindicated Work Directive~Change ,0.r ~,.~_. _~. ge~ W~.~.I be i~sued in the' Co"tract I~ts and. which COIffTEACTOR ,-- as provided ln'Art~C~j[l.0.:to, reflCct,!an'd docum_cnt.th : coeldnotren-~ablyhaVebee,n~pe'ctedtObeawar, c.Of' · -"- ........ thereo~,' coNTRAcToR n~y .mnke,a claim therefor as · 4.2.6. Pop, fMc Price end ~me Adju~fmenf~.' In e~ch provide.d in A~..'cles il and 12.. . ~' such case, an ~ncreasc or decrease in thc Contract l~ce -- ,- · · or an extension or shortening of thc Contract Three, or any R~fe~¢e combination thereof, will be nllowaMc to thc extent that - · ,--' they are attributable to any such i .n~ceuracy or difference. 4.4. ov~rbl~ shall provide engineering surveys to estab- If OWNER and CONTRACTOR are unable to agree as to fish reference points for construction which in ENGINEER's the amount or length thereof, a claim may be madetherefor judgment are neccssatT to enable COHTRACTOR'to proceed as provided in Articles 11 and ~.. with the Work. CONTRACTOR shall b~ respons~le-for lay- ''' ing out the Work..(unleSs otherwise specitied in the General ' Requh'ement~), shall protect and preserve the established Phydcal Cond~fo~.-~Jndergraund Facilities: reference points and shall make n'o changes or relocations without thc prior written approval of.OWlqER. COHTRAC- '"' 4.3.1. Shown or.!ndfcated: Thc information and data TOR shall report to ENGINEER whenever any reference shown or indicated in the Contract Documents with respect to existing Underground Fac~ities at or contiguous to the point is lost or destroyed or requires' relocation because of necessary changes in grades or locations, and shall be respon- x,_ site is ba.vcd on information and data furnished to OWI'iER sible for thc accurate replacement or.relocation of such tel- or ENGINEER by the:owners of such Underground Facil- ercnce po~nts by professionally qua!ified personnel. ities .or by others. Unless it is otherwise, expressly pro- v~dcd in the Supplementary ~onditions: 4.3.1.1. OWNER and ENGINEER shall not be ARTICLE 5--BONDS AND INSURANCE responsfole for. the accuracy or completeness of any · - such information or data; and, Performance and Other Bonds: 4.3.1.2.' CONTRACTOR shall have full responsi- 5.1. COHTRACTOR shall furn!sh performance and pa~'- bility for reviewing and checking all such information meat Bonds, each in an amount at least equal to the Contract --= and data. for locating all Underground Facilities shown Price as security for the faithful performance and payment of or indicated in the Contrac't Documents, for coordina- all CObiTRACTOR's obligations under the Contract Docu- tiaa of the Work with the owners of such Underground meats. These Bonds shall remain in effect at least until one Facilities during construction, for the safety and pro- year after the date when final l~yment becomes due. except '" tection thereof as provided in paragraph 6.20 and as otherWise provided by Law or Regulation or by th8 Con- repairing any damage thereto resulting from the War. k, tract Documents. COHTRACTOR shall also furnish such the cost of all of which will be considered as having other Bonds as are required b~r the Supplemen~a.ry Condi- ,-. been included ~n the Contract Price. lions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed · 4.3~. Not S/town Or Indicated.' If an U~dergzaund . . by such sureties as are named in the cu,~ut ~t of "Cam- Facility is uncovered or revealed at or contiguous to the panics Holding Certificates of Authority as Acceptable Sure- r-- site which was not shawls or indicated in the Contract ties on Federal Bonds and as Acceptable Reinsuring Cam- Documents and which CONTRACTOR could not reason- panics, as published in Circular 570 (amended) by the Audit ably have been expected to be aware of, COHTRACTOR Staff Bureau of Accounts, U.S. Treasury Department. All ,_ shall, promptly alter becoming aware thereof'and before Bonds signed by an agent must be accompanied by a certified performing any Wor~. affect.ed thereby (except in an emer- copy of the au~.orit~, to act. ', gency as perm/tted by paragraph 6.22), identify thc owner ' '~ - ofsuchUnden~roundFac~ityand~vewri~nnoticether~f ~[2[ If the s~rei~, on ~y B~nd fm-~ished ~t. to that owner and to O~ ~/d' Bl~Ollq EER.' £NGI- ' TOR is ~¢clar"~'a b~flc~dpt or bec?.mes i.nsolv, cnt or its right N1:-ER will ~n~'ptly"rev/ew'the Under~und Facility to. 'to do bu~'in~ ~' t~ininated in any state whcre any part 'of the Project/s located or it ceases to meet the requirements: - thirtl~ days' prior written notice has been given io O'~¥-~ER of paragraph 5.1, CONTRACTOR shall within:five da s ~.-~ and thereafter: substitute in t .... ., · Y . I/I~IGINEER bY"cen/fied mail ~- All 's0ch ' must be acceptable to 0 . . !y.., both or'which remain tn effect until anal payment and at all tim WNER. . ,.. ;= = . . _,_ . ~_~ .... es thereafter ...... when -t. Ut'/1-EACTOR- may. be~ correcting,..removin~ or · ' "'" : replacing defective Work in accordance with parag,-aph 13.12. Contractor's Liability Insurance: In addition, CONTRACTOR shall maintain such completed ' operations insurance for at least two years after final payment 5.3. CONTRACTOR shall pure, base 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 on'year thereafter. appropriate for the Work being performed and furnished and . . as will provide protection from claims sat forthbelow which ' - may arise out of or result h'om C.ONTRACTOR's pert'or- Contractuatl, iab~lns~ce: mance and'furnishing of the Work gnd CONTRACTOR's 5" ' "~ .... .... '" ~" ' other obligations unde~ the Contract Documedts~.'whether it "-' .4.. :~Tbe comprehendVe-ger/e/al liabil/tyinsurance requL, ed is to be performed or furnished by. CONTRACTOR; by any- ~ by patia~ph 5.3 will ifi~:lude ~ontracmal liability insurance Subcontractor, .by anyone d/rectly or/ndirectly employed by applicable to CONTRA~'TOR,s obligations under paragraphs any of them to perform or furnish any of the Work, or ~y '- 6.30 and 6.31. . . - anyone for whose acts any of them may be liable: -' ' -. ~. 5.3. I. Claims under workers' or workmen's compen- Owner's Liability Insurance: ' sation, disability benefits and other sim/lar employee ben- 5.~. OWNER shall be responsible for purchasint efit acts; maintaining .OWNER's own liability insurance and. at . OWNER's opgon, may purchase and maintain such insur- 5.3.2. Claims for damages because of bodily injury, anco as will protect OWNER agai~t claims which may arise occupational sickness or dL~ease, or death of CONTRAC- from operatidns under the Contract Documents. TOR's employees; .. 5.3.3. Claims for damages because of bod~y injury, Property Insurance: .- sickness or disease, or death, of any person other than CONTRACTOR's employees; _ 5.6. Unless otherwise provided in the Supplemen~ary Conditions, OWNER shall purchase and mainta/n insurance upon the Work at the site to the full insurable value 5.3.4. Claims for damages insured by personal injury thereo~ (subject to such deductible amounts as may be liability coverage which are sustained (a) by any person vided in the Supplementary Conditions o~'.Iequired'by Laws as a result of an 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 Co) by any other person for any other reason; and ENGINEER's consultants in ~he Work, all of whom be listed as insureds or additional i~sured panics, shall insure 5.3.5. Claims for damages, other than to the Work against the perils of fire and extended coverage and shaft itseLf, because of injury to or destruction of tangible prop- include "all risk" insurance for physical loss and damage erty wherever located, including loss of use resulting therefrom; including theft, vandalism and malicious mischief, coll~:~.e and water damage, and such other perils as/nay be provi~--d in the Supplementary Cond.itions, and shall include damage!. 5.3.6. Claims arising out of operation of Laws or Rep- losses and expenses arising out of or resulting from any insur~ ulations for damages because of bodily injury or death ~ . loss or incurred in the repair or replacement of any in. surer any person or for damage to property; and ~. pro.perry {including but ~ot limited to fees and c/~arges engineers, architects, attorneys and other professionals~. 5.3.7. Claims for damages because of bodily injury or not covered under the "all risk" insurance or otherwise death of any person or property damage arising out of the vialed in the Supplementary Conditions, CONTRACTOR ownership, maintenance or use of any motor vehicle. '- . - purchase and maintain similar property insurance on port}ors · of the 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 tobe incl"il:cied in an Appffcation for the specific coverages and be written for not less than the ?ayment. · -,~.: limits of ffability and coverages provided in the Supplemen- tary Conditions, or required by law, whichever is greater. 5..7: OWNER shall purchase a~'mainmin such boilerand The comprehensive general liability insurance shall include macmnery insurance or addition'ai ~'{openy insurance as may completed operations insurance. All ofthe policies ofinsur- be required by the SupplemenmcT Conditions or Laws a~' anco so required to be purchased and maintained (or the Regulations 'which will include the'intecesu' of OWNER. certificates or other evidence thereof) shall contain a provi- ·CONTRACTOR, Subcontractors, ENGINEER AND sion or endorsement that the coverage afforded will 'not be ENGINEER's consultants in th~ Work.'~ll ofwho~n shall be cancelled, mfitedally changed or renewal refusid until at least listed as insured or ~dditional insured parties. ' - -':. c I 5.8. AIl thc-policies of insurancei(6'r'th~C~ertifiC~tes: 0'r :' :.sHe'.waif;er f°rr~"are' req~i.r.'~d of any' Su~bntract~).r, i other evidence thcreo0 required to be p~rchn~ed and mai~/- ' COi',rYR~CTOR 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 wOl not be cancelled or materially changed or renewal l~eceipt and Application ofProcee'ds:" ' '"' I refused until at least thirty day$' prior written noti~e 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. I 1.2. OWNER and made payable, to OWNER as trustee for the i insureds, as their interests.may appear, subject to the require- 5.9.. OWNER shall not be responsible fqr purchasing and meats of any appticable mortgage.clause and of paragraph ' maintaining any property insurance to protect the interests 5.13. OWI'4ER shall deposit in a separate account any money of CONTRACTOR, Subcoi~. ct0rs or others in the Work to so received, and shall distribute it in accordance with such I the extent of any deductible, amounts that are provided in the' - agreement as the patties in interest nmy reach..If no other Supplementary Conditions. The risk of loss within 'the special, agxeement is reached the ~ .at~_aged Work shall be deductible amount, will be borne by CONTRACTOR, Sub- repaired, or replaced, .the moneys so received applied .on. contractor or others suffering any such loss and if any of them account thereof and the Work and the cost thereof covered I wishes property insurance ~overage within'the limits of such W~itten by appropriate Change Order or Amendment. amounts, each may purchase and maintain it a~ the purchas- er's own expense. 5.13. OWNER az trustee shall have power to adjust and I settle any loss with the insurers unless one of the parties in 5.10. If CONTRACTOR requests in writing that other interest shall object in writing within ~teen days.after the special insurance be ~ed in the property insurance poi- occurrence of loss to OWNER's exercise of this power. If icy, OWNER shall, if possible, include such insurance, and such Objection be made, OWNER as trustee shall make set- I the cost thereof will be charged to CONTRACTOR by with th~'in~urers in accordance with such appro.- tlement agreement pdat~ Change Order or Written ^mendment. Prior to como aa'the parties in interest may reach. If required in writing by mencement of the Wo~c at the site, OWNER shall in writing any party in interest. OW~4F_P, as trustee shall, upon the I advise COIWI'RACTOP, whether or not such other insurance occurrence of an in~ured loss, give bond for the proper per-, has been procured by OWNER. formanc¢ of such duties. .:... ~, · Waiver of Right~: Acceptance of Insurance: ' '~ :. 5.11.I. OWNER and CONTRACTOR waive all rights 5.14. IfOWNERhasanyobjection~6th¢co'verageafforded against each other for all'losses and damages caused by by or other provisions of the insurance ~eqt:ired to be pur- l any of the perils covered by the policies of insurance chased and maintained by COI'CI'ILACTOR in.accordance provided in response to paragraphs 5.6 and 5.7 and any with paragraphs 5.3 and 5.4 on the baals 'of its 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 th~ date of I NEER, ENGINEER's consultants and all other parties delivery of such certi~cates to OWNER in accordance with named as insureds in such policies for losses and damages paragraph 2.7. If CONTRACTOR has any objection to the so caused. As required by paragraph 6.1 l, each subcon- coverage afforded by or other provisions of the policies of I tract between CONTRACTOR and a Subcontractor will insurance required to bc purchased and maintained by contain similar waiver provisions by the Subcontractor in in accordance with paragraphs 5.6 and 5.7 on the basis favorofOWN£R, CONTRACTOR, ENGINEER, ENGI- their not complying with the Contract Documents, CON- HEEK's consultants aM all other parties named as insureds. TRACTOK shall notify. OWNER in writing thereof within ten I None of the above waivers shall extend to the rights that. days of the date of delivery of such certificates to CO~- any of the insured parties may have to the proceeds, of T1LA, CTOR in accordance with paragraph 2.7. OWNER and insurance held by OWHER as trustee or otherwise p.ay- CONTRACTOR shall each provide to the othei' such addi- i able under any policy so issued, tional information in respect of insurance provided by each aa the other may reasonably request. Failure by OWNEP, or 5.11.2. OW~I~R and CONTRACTOR inten~ that any COHTRACTOR 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- I shall protect all of the parties insured and provide primary ance purchased by the oth~-as comp~ying~with the C6ntract . coverage for all losses and damages caused by the perils Documents. covered thereby. Ac. cordingly, all such potic~ shall con- I tain provisions to the effect that in the event of payment .. of any loss or damage .the insurer will :have no rights of Par6xl f]'tdization--Property Insurance: - recovery against any ol~ the'parties named as insureds or 5.15. ' If OW'I~£1~ finds it necessary to occupy or use a ~ additional insureds, and if the insurers require separate portion o~ portions of the Work prior to Substant!al Comple- I 'waiver forms. to be .signed .by :EI'/GII~EER.'~r ENGI- ' '. tion c~all the Work, such'use or occnpancy maybe accom- I'~EER.'s-.c. o~. sultant O .W..I~£P,. will obtain th~-sam~,' and if -: plish?d in accordance with paragraph 14.10; provided that no :~ .~ .... ' . --. . .' - .. .. -.....-. . . . ;~ . · .- [ - . / $.8. All the 'POlicies of insurance.(6'r'th~:c~crtifiC~tes:6r' ~ :. such", waNer forms~are' reqUir.'~d of any'Su~ntract~)?, other evidence' thereof) 'required to be Pkn:haged and mai~- ' CONTRACTOR will obtain the same. rained by OWNER in accordance.with paragraphs 5.6 and' '- "i;. '-~' · 5.7 will contain a provision or endorsement that the Coveral~e ..... "'" '" ':' . afforded wilI not be cancelled er materially changed er renewal Rece(at and Application of Procee'~: ..... refuseduntilatleas_tthir~yday$'prtorwlittennoti~eha:s, been 5.12. Any insured loss under the policics of insurance given to CONTRACTOR by certified mail and will contain required by paragraphs 5.6 and 5.7 win be adjusted with waiver provisions in:accordance with paragraph 5.11.2. OWNER and made payable, to OWNER as trustee for the - ~' -: insureds, as their interestsmay appear, subject to the require- 5.9.. OWNER shall not be responsible for purchasing and meats of' any applicable mortgage.clause and of paragraph · maintaining any ~ ~ to protect the interests 5.13. OWNER shalldeposit in a separate account any money of CONTRACTOR,Su~¢tOFs or others in the Work to so received, and shall distribute it in accordance with such the extent oFany deducu'blemnounts that are provided in the ' ' agreement as .the parties in interest may reach. If no other Supplementary Conditions. Thc risk of loss within 'the special agreement is reached the ~ .all,aged Work shall be deductible amount, will bc borne by CONTRACTOR, Sub- repaired, or replaced, .the moneys so received applied .on. contractor or others suffering any such loss and i~ any of them account thereof and lhe .Work and the cost thereof' covered wishes property insurance ~overage limits of such or Written within.the by appropriate Change Order Amendment. amounts, each may purchase ami maintain it at the purchaso er~s own expense. 5.13. OWNER as trustee ~hall have power to adjust and settle any loss with the insurers unless one of the parties in 5.10. If CO..Nl~ .,~R requests, in writin~ that other interest shall object in writing within ~fteen days after the special insurance be ~ied in the ~rty insurance poi- occurrence of loss to OWNER's exercise of this power. If icy, OWNER stroll, if~, ~lUde such insurance, and such objection be made, OWNER as trustee shall make set- thc cost thereof'Mil be charged t6 CONTRACTOR by tlement with th~in~urers in accordance with such appro.- agreement pgate Change Order or Written Amendment. Prior to corn- as'the 'parties in afire, rest may reach. If required in writing by menccment of the Wor;lc~t the site, OWNER shall in writing any pan), in interest, OWNER as trustee shall, upon thc advise CONTRACTOR whether or not such other insurance occurrence of an insured loss, give. b...~d for thc proper' per--. has been procured by OWNER. formancc ofsu~ch duties. . .:. ~. ' Wai~er of Ri~ht~: .. Acceptance of ln~urance: "'~ 5.11.1. OWHi~R arat CONTRACTOR waive all rights 5.14. ~O~Rh~anyobjection~ecove~g~o~ed ag~st e~ o~ ~r;a~'10sses and d~age~ c~s~ by by or other prov~ns of the ~nsu~nce teqc~ed to ~ p~- any of ~e ~ cove~ by the ~licies of insu~nce chased and maln~ed by CO~OR in.~danct provid~ in ~nse to ~phs 5.6 and 5.7 ~d a~y ~lh p~hs 5.3 and 5.4 on the b~is ~fi~'not compi)~ns other ~o~ny insu~e applicable to the Work, a~ ~ ~ ~e Coast ~cuments. O~ER s~ll hotly CO~ ~ve aH s~h g~ts ~nst the Subcont~ctors, ENGI- T~OR in wgtint ~ereof ~thin ten days of NEER, ENGINEER's consultants and all other p~es delive~ of such certificates to O~ in accordance wiCa named M insureds in such ~licies for losses and damages p~aph 2.7. If CON~A~OR has any objection to the so caused. As requi~d by pa~g~ph 6. I l, each subcon- core,ge ~orded by or other provisions t~ct ~t~en CONT~OR ~d a Subcontractor will insu~nce requk~to~purch~edand m~nt~nedbyO~ER contain si~qar waiver provisions by tbe Subcont~ctor in in accordance with p~phs 5.6 and 5.7 on the ~is of favor ofO~ER, COCA,OR, ENGINEER, ENGI- their not core,yang ~th the Contact ~uments, CON- NE~'s ~~ a~ ~ ~her ~es ~ed ~ i~ureds. ~OR s~ll aot~ O~ER in ~gng ~ereof wigan ten None oF ~e a~ve ~ve~ shall extend to the g~ts ~at- days of the date ~ delive~ of such ce~cates to CON- ~y of ~e ~s~ed ~es may have to the p~ceeds, of ~OR insu~ce he~ by O~ER ~ ~stee or othe~se pgy- CO~OR shall each provide to the othe~ such addi- able under any ~licy so issued, tion~ i~o~n in res~ct of insu~ce provided by each ~ the other my r~onably request. F~ure by O~'ER or 5.11.2. O~ER and CONT~OR intend ~at ~y COHTRA~R to ~ve any such notice of objec~on ~t~n ~Iki~ provided in ~nse to p~phs 5.6 and 5.7 the ~me provided sh~ constitute accep~ce of such insur- sh~l protect all of the ~ies ins~d ~ pro,de p~ ~ce purch~d by the oth~ ~ com~ying~th ~e C~n~cz cove~ge f~ ~1 losses and damages ~used ~ the pe~s ~uments. covered ~ereby. Ac~o~in~y, aH such po~d~ sh~l con- t~n provisions to the effect that in the event of ~yment . of ~y loss or dam~.~e insurer ~ll have n0 ggh~ of 'recove~ ~inst any of the.~es named as insureds or 5.15. '~ O~E~ fi~s it necess~ to ~cupy or use a addition~ i~reds, a~ ~ the insure~ require se~te ~ion'o~ ~om of ~e Work p~or to Subst~ti~ Comple- '~ver fo~s to be .signed .by :ENG~EER 'bt ENGI- - '. fion ~ ~ ~ Work. such use ~ ~p~cy may be acco~ . N~ER'~o~sultant O~ER ~I obt~n th~'s~ and · -: ~ished in accordance ~th p~ph 14.10; provided aat no -' -- :.- - . .... - ,' ~13' ' ".'-'- - - - - prov~d~n the · mence before the msure~" : ::65 TM ' "-"~' '- -- :': ;'::~, ::":...~c -~.'~:... .. .. .- · .. t~ ....r~. Pr~ny~nsumnce have acknowledge ' · .. '-'?~ '~ .".". All m~e~s and eqmpment sh~l ~ of ' - ' sitated thereby ~ ~HectCd the c~anges ificoVem~e ~ec~s~ .?-c.. .... ~. ~..~,~ ~...~P~ ~ 0~e~se P~ed.an the;Con~m~: '. · ance shall consent by endo.ement on the policy or policies., tests) M to the kind and quality off mateH~s and equipmenL · · . - ~- ~m~,uumg;re~Hs oz reqUired but the property insurance shall not ~ cancelled or lapse on -- All ma~eH~s and equipment sh~l be apP~cd, installed, co~ account of any such partial usc or ~cupancy. nected, erectS, u~d, cleaned and conditioned in accord~ce - wi~ the i~ctions of. the applicable Supplier except ~ _. · othe~se probed, in the Con~c~;~umen~; but no ~CL~ ~O~~OR.S RES~N~IB~S vision of any such i~tmctions ~flcbe eff~ve to --sign ~ape~on ~u~Hnt~ence. - .. employees, any duty.~ authoHt~ ~su~se or dir~c the · . : furnishing ~ ~o~ce ofthe W~k or ~y du~ or author- ~: ~¥'"" ~ty to unde~e 6.1. CO~~R sh~l supe~seand direct the W0~'~ - ' r~as~ility con~ ~ ~e provisions of competently and e~iently, devoting such atte~tion'theret0 ~ph 9.15 or 9.16. and appl~ng such skills and e~penise as may be necessa~ :~' "' ' ~' CO~~oR shall be solely responsible for the 6.6. CO~~OR shall submit to ENGINEER for means, method, techniques, sequences and pr~edures of acceptance {to ~e extent indicated in pa~ph 2.9) adjust- const~ction, but CO~~OR sh~ not ~ ~s~nsible ments in ~e p~ schedule to ~flect ~e impact thereon for the ne~gence of others in' ~e design or selecHon of z of new devel~en~; thee ~11 confo~ gene~y ~o. the ~eci~c m~, m~h~, technique, sequence or p~edure pro~ess scheme ~en in e~ect and add~tiOnaliy ~I! comply of co~t~c~on which is indicated in and required by the ~ any p~vi~ons of ~e Gene~! Requi~ments applicable Con,ct ~umen~. CONOCOR shall be res~ble thereto. to se~ that the ~ished Work compffes accu~tely with the Contact D~Uments. Subs~tutes or '~r-Equal~' Items: ' 6.2. CO~~oR shall k~p on th~ ~Workatall tim~ during i~ progress a competent r~id~nt SuPerintendent, who 6.7. l. ~n~v~r materials shall not b~ r~pl~C~d without written no~ic~ ~o OWNER and ord~cdb~d in th~ Contact D~um~ma by using the nam~ ENGINEER ~xc~ under ~x~ordina~ circumstances. The of a ~rop~ta~ item or th~ nam~ sup~nt~nd~nt ~1 b~ CON~OR,a r~pr~sentat~ve a~ th~ naming of th~ item th~ ~i~ and ~h~ hav~ autho~ty to act on behalf of CON- function and quality r~quir~d. ~l~aa th~ na · ' T~OR. All communications ~v~n to ~ ~up~nt~nd~at .... tau~tmg teat no ~t~tution ia P~itt~d. by wo~. :-~- ..... ~..~.... me ~s followed shall be ~ b/Ming ~ if given to CONT~OR. mateHals orequipment ofother sbPplle~ maybe accepted by ENGINE~ if sufficient ~6~adon is submitted by CON~OR to allow ENGINEER to de~e~ine th;t ~boG Mate~ and Equipment: the mated~ or equipment proposed is equivalent or equal to that named. ~e p~edure for review by ENGINEER 6.3. CO~P~OR shall provide competent, suitably will include the follo~ng as supplemented in the General qualified pe~onnel to survey and lay out the Work and per- Requirement. Reques~ for review o[ substitute items of fo~ construction as required by the Contract D~uments. material and equipment will not be accepted: by ENG/- CONTRA~OR sh~l at all times maintain good discipline NEER from anyone other than CONT~OR. If CON- and o~er at the site. Except in COnnection ~h the safety or T~OR ~shes to furnish or use a substitme item of pmtec~on of ~ons or the Work or pro,ny at the site or mateH~ or e~ipment, CONT~OR sh~l make wdt- ~jacent ~ereto, ~d except ~ othe~se indicated, in the ten application to ENGINEER for acceptance thereoL Contract D~umen~, ~! Work at the site sh~l be Peffo~ed certifying t~ ~e P~sed substitute ~!I peffo~ adc- during re~ wo~ng hours, and CONT~oR will not quately ~e func~ons and achieve ~e results called for by ~it oveni~ WOrk ~ the ~ffO~ce of Wo~ on Sat- ~e gene~ desi~, be similar and of equal substance to u~ay, Sunday or any le~i holiday without O~R's w~t- that spe~fied ~d be suited to th~ame ~e as that spec- ten constnt ~ven ~ter prior whiten notice~ to ENGINEER.. _iHed. ~e app~tion ~11 state '~'~t ~ ev~uation and ~e~, CO~A~OR shall furnish ~d ~sume full r~pon- acceptance ~ ~e pro~sed sub~te ~11 nor prejudice 6.4. Unless.o~e~se specified ~ ~e General Require- COndOR's ~hievement .~. Substanti~ Comple- s~mty for all ~teH~s, equipment, labor, tmnspo~tion, tion on ~e, ~ or not accep~ce of ~e substitute for use in the Work ~ requ~e a change in any of the ~ns~c~on equ~ment and machine~ t~Is, appliances, Con~ct D~menu (or in the pm~sio~ of any other ~el, ~wer, li~t, h~ telephone, water, sani~ facilities, · d~ct.c~~ O~ for work on ~e ~oject) to ~mpo~ fa~li~ and ~1 other facilities and incident,s adapt the desi~ to ~e Pm~sed substitute and whe~er ~ces~ for ~e ~h~g, Peffo~nce, testing, st~-up' ~d.. comple~on.. . . ~. t~ Work. .. - . . or n~ i~mfion or ~e of ~e su~fitut~ in connection .... ": ...... -~ '.".. :'~' .......3 ::~.... r 2 ;-, ..... ;. ~ ~e Work ~ subject to payment of any license fee or .... 2 ?.i'. - . .. royalty. Ail venations of the p~roposed substitute'f~,th~tti'...~:~:i: o.Wt~F.~R and -ENGINEER-'and :'if CONTRACTOR has specified will be identified in the application and n'vailable · submitted a list thereof in acCordance"with the Supple- maintenance, repair and replacement service will be indi~ . me. ntary Conditions. OWNER's or ENGINEER's cared. The application will also contain an ~temized esti- ..' ance (either in writing or by failing to make written objec- accept. mate of all costs that will result directly or indirectly from lion thereto by the date indicated for acceptance or obje¢- acceptance of such substitute, includingCoscs of. red. esi~'?~',':~. '::-:ti~e bidding documents or the Contract Documents! and clatms of other contractors.affected,by the.~sulting of' any .such Subcontractor, Supplier or other person or change, all of' which~ Shall be c~'by ENGINEER organization so identified may be revoked on tl~e basis in · .v'.alua_ti_n.~=tl? *' _~M'o~o~ ~d substitUte.' ENGINEER ~a.y reasonable objec6on after due. investigation, in which case require CONTRACTOR to ~ ~'IONTRACTOR s CONTRACTOR sludl submit an acceptable substitute, the e.xpense additional d~t,x about ~e proposed substitute. Contract ?rice will be increased by the difference in thc ·: ....... '.:. .-' ~ .... ' st occasioned by such substitUtion and an ~ppro ate 6.7~. -.,' Ifa specific means, n~-t~od~ technlque~sequence' '"' Change Order vallbe issued or.Written Amendment signed. _°,rp_rocedure°fconstructi~nisindicatedin°rr~luiredby : No acceptance by OWNER or ENGINEER of any such me contract D0cuments, C~RACTOR my furnish'or' . Subcontractor, Supplier or otheri p~rson or organization ut~ize a substitute means, method, sequence, technique shallconstitute awaiverofanyrightofOWNERor ENGI- or procedure of construction ncce~able.to ENGII',~k'I~_I~ NEER to reject dt, t'ecti~,e Work. if. coNTRACTOR.SUbmit~ su~ient'--'reformation- 'to' ' all="' o'~ ENGINEER to determine.that the r-,bstitute proposed is 6.9..CONTRACTOR shall be fully respons~le to OWNER equivalent to that indicated, or required, by the Contract and ENGINEER ~ all acts and omissions of the Subcon- Documents. The procedure for review by ENGINEER tractors, Suppliers. ? other persons and organizations per- 'win be sin~ar to ti~t tx'ovided in lnu~g~ph 6.7.1 is applied forming or fumls~ any of the Work under a direct or by ENGINEER and as.m&y be.supplemented in the Gan- indirect contract with CONTRACTOR just as CONTRAC- eral Requirements. - -. TOR is responsible f6rCONTRACTOR's own acts and omis~ sions. Nothing:' in the Contract Documents .shall create an.v 6.7.3. ENGINEER will be allowed a reasonable time contractual relationship between OWNER or ENGINEER within which to evaltt~te ~,each proposed.substitute. ENGI- and any such Subcontractor, Supplier or other person or NEER will be the sole judge of acceptability, and no organization, nor sh~ it create any oliligation on the part of substitute w~l be Ordered, installed or u~ilized without OWNER or ENGINEER to pay or to:see to the payment o~ ENGINEER's prior written acceptance, which will be evi- any moneFs due any such Subcontra~tor,.$upplier or other deuced by either it Ch~n~e Order or an.approved Shop .person or orgnnization except as tony"otherwise be required Drawing. OWNER may t-equire CONTR=~.CTOR to fur, by Laws and Regulations. nish at CONTRACTOR;s.~.xpensc a special performance guarantee or other surety with respect to any substitute. 6.10. Thc divisions and sections oftbe Specificationsanit ENGINEER 'will record time required by ENGINEER the identifications of any Drawings shall riot control CO,- and ENGINEER's consultants in ~valuating substitutions TRACTOR in dividing the Work among Subcontractors or proposed by CONTRACTOR and in making changes in Suppliers or delineating thc Work to be performed by an.v the Contract Documents occasioned thereby. Whether or specific trade. not ENGINEER accepts a proposed substitute, CON- -TRACTOR shall reimburse. OWNER for the charges o~ 6.11. All Work performed for CONTRACrOR by a Sub- ENGINEER and ENGINEER'~consuitants for evaluat- contractor will be pursuant to an appropriate a?eemen~ lng each proposed substitute, between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit Concerning Su~ontractors,'$u~I~li~rs and Others: OWNER and ENGINEER and contains waiver provisions 6.8.1. CONTRACTOR. shall not employ an y Subcon- as required by paragraph 5.11. CONTRACTOR shall pay tract°r'Supplier°r°~herpersonororganization(including each Subcontractor a just share of any insurance moneys those acceptable to OWNER and ENGINEER as indi- received by CONTRACTOR on account oflosses underpol- cared in paragraph 6.8.2), whether initially or as a substi- icies issued pursuant to paragraphs 5.6 and 5.7. lute, against Whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shah not be required to employ any Subcontractor, Supplier or other person or Patent Ftts and organization to furnishorperformanyoftheWorkagainst 6.12. CONTRACTOR ~hall pay all license fees and roy- whom CONTRACTOR has reasonable objection, allies and assume aH costs incident to the use in the perfor- 6.8.2. If the S0pplementary Conditions require the mance of thc Work or the incorporation in the Work of identity oicertain Subcontractors, Suppliers-or other per- invention, design, process,,-product or device which is the sorts or organ~za~ons (in.eluding those who are tc{:'furnish subject of patent rights or copyriF, hts held by others. I[ /.h~ pi'i~'cipal item~ of.materials and equipment) to be sub- 'particular invention, design, process~ product or device is mitted to OWNER in ad{,ance of the specified d~te prior specified in the Contract Documents for use in the perfor- :" to !¥.Effec..ti.v¢...Dat~. ~f the.Agreement for acceptance by . mance of the Work ~d if t° the ~tt~il knowledge of O~,VNER ng mr the me . . opyngnts :-,.'. lac~ of ' ' '"' ;' "' '" ' the pay nt ofany license tee 0i= ~0~aity to'iR'hi'"~.;"-}: p .... =_ ~e.ProJ..~.~._,w.~tch are. applicable durin the rs._ :, ,::: mance of the - :v:~,~;v- :,.., ....,;. · , · g peffor- ·., Wor{~, :. :...:.~-..-., ........... . .... existence of such fights'shall be disclosed by'OWNER in'.".i: :> ' ::-=.'::::" ,:% .... .... :- ............ ", : : ':. - the Contract DOCuments.. CON'I~CTOR ~shall indemnify i'.... ':":: "-..:.':;.}~, .:..=; .~.-.~ !i ...' and hold harmless OWNER and ENGINEER and anyone -: -.f./** oy.i,r~r~ir~S~ .: ..., directly or indirectly employed by either of them from and against all claims, damages, losse~ and expenses {including 6.16. ' COlqIR~CT. OR shall confine construction equip- attorneys' fees and - · court and arbttmtion costs) arising out of meat, the.storage of materials and equipment and the oper- any infringement Of patent rights o~ copyrights incident "ati°nS°fw°tkers to thetmrojeet ~ite and land and areas idea- the use in the to performance of the tilied in and lgrmitted by the Contract Documents and other incorporation Work or. resulting from the · in the Work. of any invention, d/Sign. ~pro~ess,' land and ar~s permitted by LaWs: and Regulations, rights- product or device not specified in the Contrm:t Documents, of-way,..pe~ and easements, ~d shall not unreasonably and shall defend aH such claims in connection with anyaHeged. :; encumber the premises with const/uctlon equipment or other infringement nfsuch rights.. ' ':~ ~"-~ ."-5' ~;-':..' -. n~-,te-.'rials--°r: .~FJ{pment~' CONTRACTOR shall ~sume full : - .. ?.. .... responsibilityfor any damage to. any such land or area. or to P*rmit~: . . the owner or oecuirant thereofo~ nfany land or areas contig- .- =.-~ . uous thereto, resulting from the Performance nf the Work. Should any dihn be made against }3WNER or ENGINEER 6.13. Unless otherwise prov/ded in 'the Supplementary by any such, owner or occupant because of the performance , Conditions, CONTRA~OR shall obtain and pay for all con- of the Work, CONTRACTOR shall promptly attempt to setde TRACTOR,struction permits when and n~,licenses' ]n OWNER obtaining shallsuch assist permits CON- and with such oth~ party by agreement or otherv&e resolve the nnspccuon tees neeessanlr for the proseCUtion Of the W~rk, fullest extentp~rmitted by Laws and Reguiations, indemnify which are applicai~ al the time Ofopening nfBkls, or if there .and hold OWNER and ENGINEER harmless from and against all claims, dimages, losses and expenses (including. but nor are no Bids on the Eff~:tive Date of the Agreement. CON- limited to, fees"nf engineers, architects, attorneys and other TRACTOR shall pay all charges of utility owners for con- professionalsand court and arbitration costs) arising directlT, nections to the Work, and OWNER shall pay all charges of indirectly or.consequentially out imf any action, legal or equi- such utility owners for capital costs related thereto such as plant investment fees. ' ' table, brought-by any such other,party against OWNER or · .- ENGINEER to the extent based:on a cla/m arising out Lm,,s and Regut~'ons. CONTRACTOR's_ performance nf the Work. , 6.17. During the progress olr the .Work. CONTRACTOR 6.14.1. CONTRACTOR shall give all notices and · comply with'all Laws and Regulations applicable to fur- ~;~.~.eP_..t~..If.terms. es.free from, aCcumulations of nighing and performance; of the Work. Exce '-,,,,,~. rUOOLSn anct other debrii resulting from the Worlc erwise expresglv .--;..a__'5. _ pt where otb- At the completion of the Work CONTRACTOR shall remove · . ~ :~,'!.u~ oy applicable Laws and Regu- all ia?oas, nettheroWNl! . waste s~ble for mo-:;----L '...~R-n°r ENGINEER shall be resoon- materials, rubbish and debris from and about the ,munng r~UNTRACTOR's compliance With premises as well as all tools, appliances, construction equi? any Laws or Regulations. ment and mackinery, and surplus materials, and shall lear-. the site clean and ready for occupancy by OWNER. CON- 6.14.2. If CONTRACTOR observes TRACTOR shall restore to original condition all property nm cations or Drawines are '- ..... ~at the Specili- designated for alteration by the Contract Documents. Ke.u,_.. ~_--o... a~ variance witia any Laws s ,auons, CONTRACTOR s" .... or uau give ENGINEER prompt written notice thereof, and any necessary changes 6.18. CONTIL~,CTOR shall not load nor r,~t a x of any structure to be lo-,~..a: ..... · . pe n.' pan will be aethorized by on~ of the methods indicated in the structure, nor shall CONTRACTOR subject any pan knowing or having: re.as, on to know that it is contrmT to ..... m any manner that will e adange~ paragraph. .3;4'. If. ~ CONTRACTOR. performs any Work the Work or adjacent property to stresses or pressures that ~_Ul~ILNaEw~._°r .R.~e.~t/oos,. and' without such notice t° will endanger iL _E~R, COi'fl'RACTOR shall bear all costs arising therefrom; however, it' shall not be CONTRACTOR's pti- ' .- mary responsibil/ty to make certain that the Specifications R~¢ordDoeu~ea~: and Drawings are in accordance with such Laws and - Regulations· 6.19;~-r CONTRACTOR shall rn'~ntain in a sa~e place at the site one record copy of'all ri,--win..,' S-cc:" .... Addenda Wrln~- - ~ ~ p ua;auons. ...... a ,"'menuments,~'~.Change Orders. Work :r~res: Directive Changes, Held Orders and written interpretations ' d6:lo~i . ' . .=.; '' -and:clarifications (issued pursuant tcr paragraph ,.4) in g0od an erCsiO.rm~N'~C'~s0~os~i~!~p:ay.al' sa ',consumer, use o'er.and .--.ted to show al' changes made during con. ;~!~_~ .t..~. ~. n.~ gbuYlaCt ~.Oo n sl~o ~ t bce ,truct~on. These record documents together with al[approved .will be available to ENGINEER for reference. Upon com- '16 .-. SCHEDULE "B" PREVAILING WAGE RATES FOR ENGINEERING (HIGHWAY/HEAVY)CONSTRUCTION CITY OF COPPELL 1998 CLASSIFICATION PREVAILING RATES AIR TOOL OPERATOR $ 7.554 ASPHALT RAKER $ 8.565 ASPHALT SHOVELER $ 8.255 -- BATCHING PLANT WEIGHER $ 9.371 BATTERBOARD SETTER $ 8.920 CARPENTER $ 9.447 -- CONCRETE FINISHER-PAVING $ 9.345 CONCRETE FINISHER-STRUCTURES $ 9.058 CONCRETE RUBBER $ 7.733 _ ELECTRICIAN $12.761 FLAGGER $ 5.598 FORM BUILDER-STRCTURES $ 8.717 FORM LINER-PAVING & CURB $ 8.913 -- FORM SETTER-PAVING & CURB $ 8.686 FORM SETTER-STRUCTURES $ 8.427 LABORER-COMMON $ 6.402 _ LABORER-UTILITY $ 7.461 MANHOLE BUILDER $11.000 MECHANIC $10.658 OILER $ 8.698 -- SERVICER $ 8.104 PAINTER-STRUCTURES $10.913 PILEDRIVER $ 7.500 -- PIPE LAYER $ 8.509 BLASTER $11.333 ASPHALT DISTRIBUTOR OPERATOR $ 8.404 _ ASPHALT PAVING MACHINE $ 9.053 BROOM OR SWEEPER OPERATOR $ 7.908 BULLDOZER, 150 HP & LESS $ 8.703 BULLDOZER, OVER 150 HP $ 9.160 -- CONCRETE PAVING CURING MACHINE $ 8.213 CONCRETE PAVING FINISHING MACHINE $ 9.453 CONCRETE PAVING FORM GRADER $ 8.500 _ CONCRETE PAVING JOINT MACHINE $ 9.042 CONCRETE PAVING JOINT SEALER $ 7.350 CONCRETE PAVING FLOAT $ 7.875 CONCRETE PAVING SAW $ 9.290 -- CONCRETE PAVING SPREADER $ 9.750 PAVING SUB-GRADER $ 9.000 SLIPFORM MACHINE OPERATOR $ 9.000 -- CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL, LESS THAN 1 1/2 C.Y. $ 9.513 Page 2 1998, Prevailing Wage Rates City of Coppell Schedule "B" _ CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL, 1 1/2 C.Y. & OVER $10.517 CRUSHER OR SCREENING PLANT -- OPERATOR $ 9.500 FORM LOADER $12.00 FOUNDATION DRILL OPERATOR -- CRAWLER MOUNTED $10.00 FOUNDATION DRILL OPERATOR TRUCK MOUNTED $11.138 FRONT END LOADER 2 1/2 C.Y. & LESS $ 8.823 FRONT END LOADER OVER 2 1/2 C.Y $ 9.311 HOIST-DOUBLE DRUM $ 8.917 -- MILLING MACHINE OPERATOR $ 6.650 MIXER (OVER 16 C.F.) $ 9.000 MIXER (16 C.F. & LESS) $ 7.913 _ MIXER-CONCRETE PAVING $ 9.500 MOTOR GRADER OPERATOR ' FINE GRADE $10.346 MOTOR GRADE OPERATOR $ 9.891 ~ PAVEMENT MARKING MACHINE $ 6.402 ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS $ 8.339 -- ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING $ 7.963 ROLLER, PNEUMATIC, SELF-PROPELLED $ 7.403 SCRAPER-17 C.Y. & LESS $ 8.138 SCRAPER-OVER 17 C.Y. $ 8.205 SIDE BOOM $ 7.793 TRACTOR-CRAWLER TYPE 150 HP -- & LESS $ 8.448 TRACTOR-CRAWLER TYPE OVER 150 HP $ 8.873 _ TRACTOR-PNEUMATIC $ 7.735 TRAVELING MIXER $ 7.615 TRENCHING MACHINE-LIGHT $ 8.188 TRENCHING MACHINE-HEAVY $12.498 -- POST HOLE DRILLER OPERATOR $ 9.000 WAGON-DRILL BORING MACHINE $ 9.000 REINFORCING STEEL SETTER PAVING $ 9.218 -- REINFORCING STEEL SETTER STRUCTURES $11.548 STEEL WORKER-STRUCTURAL $16.300 SIGN ERECTOR $11.436 SPREADER BOX OPERATOR $ 6.988 BARRICADE SERVICER ZONE WORK $ 6.402 ~-- MOUNTED SIGN INSTALLER PERMANENT GROUND $ 6.402 TRUCK DRIVER - SINGLE AXLE _ LIGHT $ 7.465 Page 3 1998, Prevailing Wage Rates City of Coppell Schedule "B" TRUCK DRIVER - SINGLE AXLE HEAVY $ 8.067 TRUCK DRIVER - TANDEM AXLE SEMI TRAILER $ 7.816 TRUCK DRIVER-LOWBOY/FLOAT $ 9.653 TRUCK DRIVER-TRANSIT MIX $ 7.507 TRUCK DRIVER-WINCH $ 8.200 VIBRATOR OPERATOR $ 7.000 WELDER $10.459 If the construction project involves the expenditure of federal funds in excess of $2,000.00 the minimum wages to be paid various classes of laborers and mechanics will be based upon the wages that _ will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on the project of a character similar to the contract work in the City of Dallas. Except for work on legal holidays, the "general prevailing rate of per diem wage" for the various -- crafts or type of workers or mechanics is the product of (a) the number of hours worked per day, except for overtime hours, times (b) the above respective Rate Per Hour. _ For legal holidays, the "general prevailing rate of per diem wage" for the various crafts or type of workers or mechanics is the product of (a) one and one-half time the above respective Rate Per Hour times (b) the number hours worked on the legal holiday. -- The"general prevailing rate for overtime work" for the crafts or type of workers or mechanics is one and one-half times the above respective Rate Per Hour. -- Under the provisions of Article 5159a Vernon's Annotated Texas Statues, the Contractor shall forfeit as a penalty to the entity on whose behalf the contract is made or awarded, Ten Dollars ($10.00) for each laborer, worker or mechanic employed, for each calendar day, or portion thereof, such laborer, _ worker or mechanic is paid less than the said stipulated rates for any work under the contact, by him, or by any subcontractor under him. 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 AMENDED. ARTICLE 1 - DEFINITIONS SC-I. -- Bonds: Revise to read: "Bid, performance, payment, and maintenance bonds and other instnm~ents of security." -- Calendar Day or Days: Any successive day or days of the week or month, no days being excepted. -- Engineer: The word "ENGINEER" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Coppell, Texas 75019, Engineer of the Owner, or such other representatives as may be authorized by said Owner 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. Working 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 manner. 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". SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 1 SC-2.8. -- Amend the first sentence of paragraph 2.8 to delete the following: "Within twenty days after the effective date of the Agreement, but". -- SC-2.9. Amend the first sentence of paragraph 2.9. by adding the following at the beginning of the - sentence: "If requested by Owner, Engineer or Contractor". SC-2.10. Add the following new paragraph 2.10 immediately after paragraph 2.9; -- Conflict of Interest 2.10 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 services. 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. Any 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. Any 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. The Contractor represents that no _ employee or officer of the City has an interest in the Contractor. ARTICLE3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REVISE SC-3.2. ._ Add the following language at the end of the paragraph 3.2.: "If there is any conflict 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 any _ standard specifications, manuals or codes." ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: _ REFERENCE POINTS SC-4.2.1.1. Add the following new paragraph 4.2.1.1 immediately after paragraph 4.2.1.: - 4.2.1.1. In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 2 Report dated, March 1990, prepared by Terra-Mar, Inc., Dallas, Texas, entitled: "Geotechnical Investigation Gateway Business Park, Phase I, 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 will not be used as a basis for a claim of _ changed conditions. The Contractor may take borings at the site to satisfy himself as to subsurface conditions. A copy of this report is included in Appendix A of this document. -- SC-4.4. Add the following after the first sentence: "The reference points have been established as - shown on Sheet SC-1 ". Delete: "unless otherwise shown in the General Requirements". 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. Insurance 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 and such insurance has been _ approved by the City, 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 other,vise protected. The minimum amount of insurance shall be as follows: SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 3 Each Accident $100,000 Disease Each Employee $100,000 -- Disease Policy Limit $500,000 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 any subcontractor performing work covered by this contract, fi.om claims for damages for personal injury, including accidental death, as - well as fi.om claims for property damages, which may arise fi.om 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 -- by 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 $600,000 - Each Occurrence $600,000 Fire Damage (any one fire) $50,000 Medical Expense (any one person) $5,000 5.3.3. Automobile Liability Insurance The Contractor shall take out and maintain during the life of this contract such Automobile Liability Insurance for owned, hired and nonowned -- 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 Injury and Property Damage $600,000 per occurrence _ Bodily Injury $250,000 per person Bodily Injury $500,000 per accident Property Damage $100,000 5.4. Protective Liability Insurance The contractor shall take out and maintain during the life of this contract an owners 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 ln.qurance. The Contractor shall furnish the City with satisfactory 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 "OWNER" in the first - sentence and substituting the word "CONTRACTOR". SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 4 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 "OWNER" 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 OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to -- commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. -- SC-5.11.1. Amend paragraph 5.11.1 to delete reference to paragraph 5.7 in the 4th line and delete the -- word "OWNER" in the next to last line and substitute the word "CONTRACTOR". SC-5.11.2. Delete paragraph 5.11.2 in its entirety 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 recovery 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. SECTION 00232 - SUPPLEMENTARYCONDITIONS PAGE 5 -- SC-5.12. _ Amend 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 following 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 with paragraphs 5.3 and 5.4 of on the basis of its not complying with the Contract Documents, OWNER _ shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with 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 City-owned realty. It is still possible, however, for a contractor to make m-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 City. 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 may 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 6 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 breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and _ materials not incorporated into the proj eot. 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 with 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 following new paragraph immediately after paragraph 7.4.: -- "SC-.7.5. Should CONTRACTOR 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 with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws 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, attomeys 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 OWNER, 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 liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR 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 with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 7 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". SC-9.10. Delete Paragraph 9.10 in its entirety and insert the following in lieu thereofi 9.10. ENGINEER will have authority to determine the actual quantities and classifications of items of Unit Price Work performed by CONTRACTOR, and the written 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 with Measurement Methods identified for Unit Price Work where such methods are so identified in the Contract Documents. ARTICLE 11 - CHANGE OF CONTRACT PRICE SC-11.9.3. -- Paragraph 11.9.3 is hereby deleted in its entirety and the following, including new paragraph 11.9.3.1 through 11.9.3.4, 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 quantity of that particular item of Unit Price Work _ performed by Contractor differs by more than 20%, both over and under, from the estimated quantity of such item indicated in the Agreement; and 11.9.3.2. if there is no corresponding adjustment with respect to any 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 entries it to an adjustment in the unit price, either OWNER 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." SECTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 8 ARTICLE 12 - CHANGES OF CONTRACT TIME _ SC-12.2. 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." ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: -- SC-13.4.1. 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 - and materials furnished shall be done by a commercial laboratory employed by the Contractor and acceptable to the OWNER. The Contractor shall furnish, at his own expense, all necessary specimens for testing of the materials. All materials not conforming to the requirements of the - specifications will be rejected. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14. Amend to delete all reference to "substantial completion" and replace with "completion". ARTICLE 16 - ARBITRATION Delete this article in its entirety. o0o SECTION 00232 - SUPPLEMENTARYCONDITIONS PAGE 9 - DIVISION 1 - GENERAL REQUIREMENTS __ DIVISION 1 - GENERAL REQUIREMENTS SECTION 01001 - GENERAL PROJECT REQUIREMENTS PART I - GENERAL _ 1.1 General: The provisions of this section of the Specifications shall govem in the event of any conflict between them and the "General Conditions of Agreement" or "Supplemental General Conditions". 1.2 Owner: The "Owner" as referred to in these Specifications is the City 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 -- 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 -- with this project, however, to the extent this section calls contract or approve any matter, such shall be required of City only to the extent and in the manner authorized by law. The following shall define the scope of the non-compensatedproj eot manager. A. Bidding Phase: In compliance with standard municipal requirements, the City shall advertise the Project for bidding. Catellus, representing the City, will - distribute bid packages (including Contract Documents, Plans and Specifications) from the offices of HalffAssociates, Inc. Bids will be received in a public opening, at Coppell City Hall, by Catellus and City staff. Alter 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 will be ready for construction. B. Construction Phase: Catellus shall employ Halff Associates, Inc. to serve as ~_ Project Engineer for the Project and Catellus shall employ a geotechnical and materials testing consultant (to be named) to perform quality control testing, as required, for the Project. Catellus shall schedule and manage preconstruction and _ weekly construction progress meetings between Project Engineer and Contractor. Catellus shall oversee and manage the construction of the Project and shall provide written progress reports to the City on a bi-weekly basis. Catellus shall be _ ~ responsible, along withProjectEngineer, for performing all constmctioninspections and testing and for providing written reports of inspections and testing to the City. 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 by the City. Payment checks shall be forwarded to Catellus for delivery to the Project Engineer and Contractor. Catellus -- shall review and approve any requested change orders or field changes and shall SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 1 _ submit them for approval and payment by the City. Upon completion of construction of the Project, Catellus shall approve Project construction, shall obtain Project Engineer's certification that all work has been completed in accordance with _ the Contract, as amended by approved change orders, shall obtain final lien waivers from the Contractor, 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. Design Phase: The City shall review and approve Project Design Plans and Specifications, as submitted by Catellus. _ 2. Bidding Phase: The City shall accompany Catellus in the receiving, opening and recording of bids and shall review the bid submittals and select the successful Contractors with Catellus. 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 approval to-NationsBank Trust Department for payment in a timely manner. The City shall review and approve change orders or field changes submitted - for approval by Catellus. Any change orders or field changes up to $25,000.00 will be approved by City Staff. Any change orders or field changes exceeding $25,000.00 will require the approval of City Council. -- The City shall review and approve the final pay requests and obtain, in a timely manner, the City Council's approval of the final payment and shall 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 Project. 1.4 Project Engineer: The "Engineer" as referred to in these Specifications is Halff Associates, Inc., 8616 Northwest Plaza 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, Texas 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 expressed approval of the City Engineer only and the Non-Compensated Project Manager. _ 1.7 Project Description: This Contract consists of construction of storm drainage structures and paving. _ 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 orderly manner and appearance, completion of any other work required by the Contract Documents, _ and acceptance by the City of Coppell, Texas, and the Non-Compensated Project Manager. SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 2 _ 1.8 Workine 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 of a written request for final inspection. The working day 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: The time set forth in the Contract for the completion of work is an essential element of the Contract. A Breach of Contract as to completion time of each working day count bid will cause damage to the Owner, but such damages cannot be measured and _ the ascertainment will be difficult. Therefore, for each and every calendar day any work, or any portion thereof, shall remain uncompleted after the expiration of the time limit set under this contract, or as extended by the Owner, the amount of $500.00 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 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, rules, regulations and orders of any public -- authority having jurisdiction for the safety of persons or property to protect them from damage, injury, 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 safety regulations and notifying owners 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 responsibility 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 the proposed contours shown on the project drawings and/or to conditions existing prior to -- beginning construction. 1.13 Conformit-v with Drawings: All work shall conform to the lines, grades, cross-sections, - and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. 1.14 Stop Work Order: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension, upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner 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. SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 3 _ 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 while said persons or property are approaching, leaving or within the work _ site or any area adjacent to said work site. No separate compensation will be paid to the Contractor for the installation or maintenance of any 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. Where 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 own 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. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, - lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, 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 warning 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 property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any 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 ~_ and/or the Non-Compensated Project Manager growing out of such injury or damage. 1.16 Existing Utilities, Structures and Other Propert~c. 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. SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 4 b. After commencing the work, use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them fi.om _ 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 Draina~,e: 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 Owner. Approval of the insurance by the Non- Compensated Project Manager and the Owner shall not relieve or decrease the liability of the 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 written 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 4% 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 clearness in stating prices in the Proposal, the Owner reserves the right to adopt the most advantageous construction thereof to the Owner or to -- reject the Proposal. SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 5 1.21 Governing Documents: This work shall conform to the requirements of these Specifications and the details as shown on the Drawings. These Contract Documents are intended to be complementary. 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 will be deemed to have assumed the more expensive way 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 City 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, and/or workmanship, the appropriate City 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: The 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 employment, without regard to their race, age, color, religion, sex, ancestry, 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 nondiscriminationclause. 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, ancestry, national origin, or place of birth. _ The Contractor shall furnish all information and reports required by the Owner or his designed to investigate his payroll and personnel records which pertain to current construction contracts with the Owner for purposes of ascertaining compliance with this equal employment _ opportunity clause. The Contractor shall file compliance reports with the Engineer as may be required by the - Non-Compensated Project Manager and/or the Owner 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 Owner or his - designed prescribes. SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 6 _ If the Contractor fails to comply with the equal employment opportunity conditions of this contract, it is agreed that the Owner, 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 -- compliance. 1.23 Subsidiary Work: Any and all work specifically govemed 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). Ten percent (10%) will be retained until all work under the Contract is completed and accepted by Engineer, Non-Compensated Project Manager and Owner. 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 Modificationsto the Contract ~_ 5. Shop Drawings, Product Data and Samples 6. Field Test Records _ b. Maintenance of Documents and Samples 1. Documents and samples shall be stored in Contractor's field office apart from documents used for construction. 2. Documents shall be maintained in a clean, dry, 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. SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 7 c. Recording 1. Each document shall be labeled "PROJECT RECORD" in neat, large printed letters. 2. Information shall be recorded concurrently with constmction progress. -- a. No work shall be concealed until required information is recorded. 3. Drawings 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. Changesmade by Change Order. e. Details not on original contract drawings. -- 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 Owner. 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 prior to move- in. _ 1.28 Utilities for Construction: All utilities required for construction will be furnished by the Contractor at his own expense. SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 8 1.29 Work on Saturdays, Sundays & 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. The _ Contractor shall bear the entire cost of inspection (4 hour minimum) for this work with said amount to be withheld from any 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 and holidays. 1.30 Material Storage: Materials may be stockpiled on site at locations approved by the Owner - 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 indemnify, defend and save harmless the Owner 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 any flammable liquids or fuel is transported into the City or stored within the City 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 Owner 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 own 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 without written consent of the Owner. SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 9 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 Owner. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. PART II - MATERIALS -- Not applicable PART IIl- 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 shall be considered incidental and subsidiary to the various bid items and payments made under specific pay items shall be considered as full compensation for these requirements. o0o SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 10 DMSION i - GENERAL REQUIREMENTS _ SECTION 01401 - TESTING LABORATORY SERVICE PART I - GENERAL 1.0 THE GENERAL CONDITIONS, SUPPI.~MgNTARY CONDITIONS, and applicable requirements of DMSION 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 to perform laboratory testing. 1.2 SEI.ECTION, EMPLOYMENT, AND PAYM-~NT: An independent laboratory will - be selected by the NON-COMPENSATED PROJECT MANAGER w/th the approval of the OWNER and ENGINEER. The OWNER will pay all costs of testing laboratory services. 1.3 REPORTS: The testing laboratory shall send copies of the reports to the following: - 1. PROJECT ENGINEER 1 copy 2. CONTRACTOR 1 copy 3. OWNER 1 copy 4. RECORD 1 copy _ 1.4 REI.ATED 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 mater/als of construction do not measure up to the required _ standards or certain performance obligations are not met, the defective material and/or work shah 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 othenvise directed by ENGINEER. Cylinders shall be made and cured, as prescffbed by - ASTM C31-84, and broken as prescrl'bed by ASTM C39-IM, or the latest revisions thereof, unless otherwise shown in the specifications. -- SECTION 01401 - TESTING LABORATORY SERVICE PAGE 1 Concrete shah be tested for flex~ral strength in accordance with the City of Coppell Standard Specifications. Two Beams shall be taken at the start of the project one broken - at 7 days and one broken at 28 days. A minimum of one beam shall be taken every 100 foot station and broken at 28 days. - The CONTRACTOR may have other cylinders or beam.q made, at his expense, to determine concrete strength for form removal. - 3.2 FIIJ. COMPACTION: The testing laboratory will 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. 3.3 BACKFILL COMPACTION: The testing laboratory will make tests of in place density in accordance with ASTM D2922-81 at a point selected by the ENGINEER. A minimum of one density test will be made for each 100 linear feet for every other 8 inch _ loose lift for utility construction unless otherwise directed by the ENGINEER. Backfill operations will be monitored continuously by the testing laboratory at box culverts, headwalls and other structures. 3.4 NOTIFICATION: It will be the responsibility of the CONTRACTOR to notify the testing laboratory, the OWNER, the ENGINEER and the inspector two (2) worldng days _ before paving, compaction or backfill operations begin. PART IV - PAYMENT 4.1 Unless otherwise stated elsewhere in these Specifications, the OWNER will pay all costs of the testing laboratory services. No separate payment shall be made to the - CONTRACTOR for the work descffbed in this SeCtion nor for any delay or inconvenience resulting from the testing laboratory 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 respons~'ble for all costs of the testing laboratory - services required due to failed tests. o0o SECTION 01401 - TESTING LABORATORY SERVICE PAGE 2 DMSION 1 - GENERAL REQUIREM~NTS SECTION 01501 - SURVEY PART I - GENERAL 1.0 THE GENERAL CONDITIONS, SUPPI.F. MENTARY 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 SRI.RCTION, EMPLOYIVIENT AND PAYMIZNT: Survey for this project will be provided by the Contractor. The Contractor 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 surveying, staking and layout shall be performed under the supervision of a surveyor licensed in the State of Texas. Proof of registration will be required prior to any construction. PART II - MATERIALS -- Not Applicable PART III - INSTALLATION 3.1 STAKING: The Contractor shall furnish ali staking as may be required for construction. Control has been established by the OWNER. The Contractor shall be - responsfble for verifying the relative horizontal and vertical relationship of the control staking as indicated on the construction drawings. The Contractor shall offset all control staking within the construction limits prior to be~nning construction and maintain such control for the duration of the project. _ Any stakes or markings the OWNER has established either for his own use or the Contractor's guidance shall be preserved by the Contractor until authorized by the F.n~neer to remove same. Any further staking will be the respons~ility of the Contractor, and any _ existing stakes destroyed either by him or third parties will 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 _ Not Applicable -- o0o - SECTION 01501 - SURVEY PAGE 1 DIVISION 2 - SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR CONSTRUCTION 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 Texas 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 I: Delete entirely. - PART II: MATERIALS - DIVISION 2 ITEM 2.1.5. TRENCH BACKFILL: (c) Types "B" and "C" (4) Additional Requirements _ (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 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 otherwise specified in the Plans. Water jetting _ may be used only with specific written permission of the Engineer." ITEM 2.1.6. RIPRAP OR STONE 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 SEWERS: (a) General: Amend 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". SPECIAL PROVISIONS PAGE 1 (b) Earth Bedding: Add the following sentence at the beginning of this paragraph: "Earth bedding will 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. The use of Fly Ash as an admixture in any Class of concrete - is specifically prohibited without written approval of the Engineer. ITEM 2.2.10. JOINT SEALING: Joint Sealer shall be silicone as approved by the City of Coppell and installed per City of Coppell requirements and manufacturers recommendations. PART III: DIVISION 3 - SITE PREPARATION - ITEM 3.1.2. CONSTRUCTION METHODS : Add the following sentence after the second sentence: The method of protection shall be 2 - inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3. DENSITY: _ Strike 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 Density as determined by ASTM D-698 at, or up to five (5) percentage points above, _ optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." ITEM 3.10 SEEDING Delete this section and replace with the following. PART I - GENERAL _ 1.0 SCOPE: This Section covers the furnishing of all labor, materials, and equipment required to establish a Bermuda grass cover on all areas to be grassed as shown on the Drawings. The work shall consist of preparing the ground; furnishing and placing seed, fertilizer, water, mulch, and any _ other materials necessary to establish the grass cover; and maintenance, including mowing, as necessary until final acceptance. All areas to be grassed shall be spread with topsoil. - PART II - MATERIALS 2.1 SEED: Common Bermuda (Cynodon dactylion) grass seed shall be used as the permanent - grass cover with Tall Fescue (Festuca sp. "Mustang", "Houndog", "Olympic" or "Adventure") as temporary grass cover. All seed must meet the requirements of the Texas Seed Law including the - SPECIAL PROVISIONS PAGE 2 labeling requirements for showing purity, germination, name, and type of seed. Seed furnished shall be of the previous season's crop and the date of analysis shown on each bag shall be within _ nine months of the time of planting. Each variety of seed shall be furnished and delivered in separate bags or containers. Seed labels shall be inspected and approved by the ENGINEER, and representative samples of each variety will be furnished for analysis and testing when so directed by - the ENGINEER. Any seed delivered prior to use shall be stored in such a manner that it will be protected from damage by heat, moisture, rodents, or other causes. The seed shall be hulled extra fancy graded, treated with fungicide and tested for minimum percentage of purity and germination - as follows: Pure Live Seed content shall not be less than 85 percent, using the formula: % Purity X % Germination. - 2.2 TOPSOIL: Topsoil shall be friable surface soil conforming to the requirements of Item 3.8. Topsoil. 2.3 FERTILIZER: A pelleted or granulated commercial grade fertilizer having an analysis ratio of approximately 16 nitrogen, 20 phosphoric acid, and 0 potash shall be used. All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis and weight. 2.4 STRAW MULCH: - A. Mulch material shall consist of oat, wheat, Or rice straw or hay cut from any native grasses approved by the ENGINEER. The mulch material shall be free of Johnson grass, nut grass, or other noxious weeds and foreign materials. The CONTRACTOR shall provide a method satisfactory to the ENGINEER for determining the weight of mulch furnished. B. Emulsified asphalt shall conform to the requirements of ASTM D 977. PART III - INSTALLATION 3.1 SITE PREPARATION: All areas to be seeded shall be spread with topsoil before _ grassing in accordance with Item 3.8. Topsoil. All areas to be seeded shall be diced, harrowed, or cultivated 1 or 2 inches deep as necessary to reduce the soil to a good state of tilth. _ The seed bed shall be deemed suitable when the soil particles on the surface are small enough to prevent the seed from being covered too deep for optimum germination. _ 3.2 APPLICATION: A straw mulch seeding method of application or its equivalent in accordance with the following basic requirements shall be used to provide uniform coverage of the area shown on the Drawings. Type of Seed Application Rate Planting Dates Bermuda-Hulled 90 lbs. per acre Apr. 1 - Sept. 1 Tall Fescue (temporary cover) 435 lbs. per acre Sept. 1 - March 31 Fertilizer shall be applied at a rate of not less than 400 lbs. per acre. - SPECIAL PROVISIONS PAGE 3 For broadcast seeding with mechanical equipment the seed or seed mixture and fertilizer in - the quantities specified may be distributed at the same time provided each composite is uniformly distributed and covered with a maximum of 3/8-inch of soil. - Upon completion of planting of the seed, straw mulch shall be spread uniformly over the area seeded at the rate of 1/2 to 2 tons of straw per acre. A mulching machine approved by the ENGINEER shall be equipped to inject asphaltic material into the straw uniformly as it leaves the - equipment at a rate of 0.05 to 0.10 gallons of asphalt per square yard of mulched area. As it will be the CONTRACTOR'S responsibility to insure seed germination and grass coverage, it shall be required that close attention be given to soil moisture condition during the establishment of the grass cover. In the event that evaporation rates and lack of rainfall cause excessive drying of the soil, the CONTRACTOR shall be required to water all seeded areas. The - CONTRACTOR shall be responsible for providing pumping, piping and irrigation equipment as needed to fulfill this requirement. It shall be the CONTRACTOR'S resPonsibility to make arrangements for the use of any sources of water that he may choose to use. These specifications are given for guidance only and shall serve as minimum requirements. _ The CONTRACTOR shall do whatever is necessary including additional seeding, watering, fertilizing, eradication of temporary grass cover and maintenance to provide the required coverage until acceptance by the Owner. The required coverage shall be a minimum of 95 percent coverage _ with no individual bare area greater than two square yards. 3.3 MAINTENANCE: After seeding the CONTRACTOR shall maintain, repair, or replace _ completed grass cover until final acceptance. Mowing of all planted areas shall be accomplished when the soil is dry and when deemed necessary by the Owner. Mowing shall be accomplished in a manner that will not cause damage to slopes or other completed areas. PART IV - PAYMENT _ 4.1 PAYMENT: Ail work under this Section shall be paid for per acre at the price established for "Grass Cover," in the bid proposal which price shall include all labor, equipment, materials, and supplies to provide complete grass cover in accordance with the intent of this Specification. 4.2 MEASUREMENT: When the project as a whole generally contains 50 percent coverage, - payment of 50 percent of the established price will be made. The remaining 50 percent will be paid for significant areas when complete grass cover is established to the satisfaction of the ENGINEER, except that the final 10 percent of the total amount due under this Pay Item shall be withheld until - final acceptance of the entire Contract work. ITEM 3.10.1 HYDROMULCHING: Delete this specification and replace with the following: SPECIAL PROVISIONS PAGE 4 PART 1: GENERAL 1.1 DESCRIPTION A. Work Included 1. Lawn work shall include seed bed preparation, finish grading, hydroseeding, and maintenance operations as indicated on plans and specified herein. 1.2 QUALITY ASSURANCE - A. Contractor's Qualifications 1. The work of this section shall be performed by a contractor specializing in seeding, and/or landscape installations. 2. Guarantee all materials to be of quality and quantity as specified herein. 1.3 SUBMITTALS A. Certificates of Conformance or Compliance 1. Seed: type and purity analysis 2. Fertilizer: Manufacturer's guaranteed analysis 3. Hydromulch fiber: manufacturer's guaranteed analysis _ 4. Tackifier: manufacturer's guaranteed analysis B. Certified Test Reports 1. Soil Mixes _ 1.4 FINAL ACCEPTANCE A. General: Final inspection and acceptance will be at the end of the turf establishment _ period. Acceptance will be based upon a satisfactory stand of turf as specified under "Establishment". B. Areas which do not have a minimum of 95 percent ground cover of the specified - species shall be reseeded. Repair rejected areas of turf within acceptable planting dates as directed by the Owner's representative. - C. The lawn shall be guaranteed for a period of one year from date of Final Acceptance by the Owner to be at least the quality and condition as at Final Acceptance. SPECIAL PROVISIONS PAGE 5 PART 2: MATERIALS 2.1 SEED A. Lawn seed for the permanent grass cover shall be fresh, clean, dry new-crop seed composed entirely of Common Bermuda Grass [(Cynodon dactylion), temporary grass cover shall be turf-type tall fescue (Festuca sp.: "Mustang", "Houndog", "Olympic" or "Adventure")], free from weed seeds, as regulated by Federal Seed Act and applicable state seed laws. The seed shall be hulled, extra fancy grade, treated with fungicide and tested for minimum percentages of purity and germination as follows: 1. Pure live seed content of not less than 85 percent, using the formula: % purity x % germination. B. Seed shall be labeled in accordance with U. S. Department of Agriculture regulations. 2.2 FERTILIZER A. Analysis 1. Provide a complete fertilizer, for use with hydromulch, with minimum 50 percent nitrogen derived from organic sources. The dry weight percentage shall be 16-20-0 (N-P-K), also containing zinc and iron. 2. Provide a complete fertilizer for second application, with minimum 50% nitrogen derived from organic sources. Dry weight percentage shall be 15- 5-10 (N-P-K), also containing zinc and iron. 2.3 HYDROMULCH FIBER A. Provide shredded or baked cellulose fibers for hydroseed mixture. Fiber shall be specifically processed for this application and shall contain no growth or germination inhibiting properties. The cellulose fiber, or hydroseed mixture, shall be colored to allow visual metering of the application. Green is preferable. 1. Accepted products: AFM Wood Fiber Mulch; Conwed; Weyerhauser Silva- Fiber, or approved equal. 2.4 TACKIFIER A. Provide a binding agent to hold mulch, fiber and seed in place. Tackifier shall be water-soluble or shall be acceptable of remaining in suspension during the application process. 1. Accepted products: Hydro-Tack; J-Tack; Terra-Tack, or approved equal. SPECIAL PROVISIONS PAGE 6 PART 3: EXECUTION _ 3.1 GRADING A. Rough Grading 1. Maintain rough grades in a uniform and properly compacted condition so as to prevent future depressions. Maintenance shall include necessary repairs - to previously graded areas and scarifying areas overly compacted due to construction operation. B. Finished Grades 1. Finished grades shall slope to drain, be free of depressions or other - irregularities after thorough settlement and compaction of soil, and shall be uniform in slope between grading controls and the elevations indicated. - 2. Finished grade for lawn areas shall meet existing grades at contract limits and be 1/2 inch below top of curbs and walk paving. - 3.2 PLANTING AREA PREPARATION A. Planting dates shall be as indicated under Paragraph 3.3. Delay due to weather or season shall require that temporary grass cover be establiShed and permanent Bermuda grass cover be established the succeeding spring at no extra cost to the Owner. B. Preparation of Seed Bed 1. Immediately before seeding scarify, till, float and drag topsoil as necessary to bring it to the proper condition. Remove foreign matter larger than one _ inch in diameter and legally dispose. 2. Eliminate weeds in areas to be seeded prior to seeding, 'Using methods _ approved by the Owner's representative. 3. Maintain seed bed during establishment period. Repair eroded areas and _ reseed as required. 3.3 HYDROMULCHING A. Hydromulch during the following periods: - 1. For bermuda lawns: May 1 to September 1, or as approved. 2. For rescue lawns (temporary cover): September 1 to April 30, or as - approved. - SPECIAL PROVISIONS PAGE 7 B. Apply the hydromulch mixture with high-pressure spray directed upwards to fall in a rail-like pattern, forming a uniform cover at the specified rates. Mixture shall be _ kept agitated to ensure a consistent blending of seed, water, fertilizer, mulch, tackifier, and other approved additives. _ C. Apply the hydromulch mixture at the following rates: 1. Seed: a. Common Bermuda grass seed: 2 pounds/1000 square feet (90/pounds/acre). b. Tall fescue grass seed: 10 pounds/1000 square feet (435 pounds/acre). 2. 16-20-0 fertilizer with trace elements: 10 pounds/1000 square feet (435 pounds/acre). 3. Cellulose fiber mulch: 50 pounds/1000 square feet (2200 pounds/acre). - 4. Tackifier: sufficient quantity to hold hydromulch mixture in place until turf establishment, with a minimum of one pound/1000 square feet. - 3.4 CLEANING, REMOVAL, AND REPAIR A. Promptly remove materials spilled on pavement adjacent to lawn establishment areas. B. Repair existing lawns damaged by operations under this Contract. Repair shall - include finish grading and seeding as required to match existing grade and lawn, and maintenance of repaired areas. - 3.5 ESTABLISHMENT PERIOD A. Maintenance 1. Mowing, edging, and irrigation shall be the responsibility of the Contractor until completion and acceptance. 2. Contractor shall apply second specified fertilizer application 12 weeks from _ seeding. a. Apply at the rate of 15 pounds/1000 square feet (650 pounds/acre). B. Turfgrass Establishment _ 1. The Contractor shall bear full responsibility for establishment of a complete and uniform stand of Turfgrass. - SPECIAL PROVISIONS PAGE 8 2. The Contractor shall be responsible for defects resulting from abuse or -- damage by others, or unusual phenomena or any incidents whether beyond or within the Contractor's control, such as flood, freezing rain, winds, fires or vandalism. 3. Acceptance will be based on establishment of a uniform stand of Turfgrass, defined as coverage of specified grass at a density of 95 percent coverage, -- with no individual bare areas greater than two square yards. _ As it will be the Contractor's responsibility to insure seed gemination and grass coverage, it shall be required that close attention be given to soil moisture condition during the establishment of the grass cover. In the event that evaporation rates and lack of rainfall cause excessive drying of the _ soil, The Contractor shall be required to water all seeded areas. The Contractor shall be responsible for providing pumping, piping and irrigation equipment as needed to fulfill this requirement. It shall be the Contractor's responsibility to make arrangements for the use of any other sources of _ water that he may choose to use. These specifications are given for guidance only and shall serve as minimum requirements. _ The Contractor shall do whatever is necessary including additional seeding, watering, fertilizing, and maintenance to provide the required coverage until acceptance by the Owner. _ C. Fill depressions in the finished grade of lawn areas to conform to uniform grade. Reseed bare spots and damaged lawn which occur until end of guaranty period. PART 4: BASIS OF PAYMENT 4.1 See Item 3.1 Grasscover, Part IV Payment. PART IV: DIVISION 4 - SUBBASE AND BASE COURSFS -- ITEM 4.8.4. CONSTRUCTION METHOD S: (b) Compaction Amend the last sentence of the first paragraph, by striking the words: "90 percent of the maximum dry density of such material." and replace with the words "95 percent of the maximum -- dry density of such material, or as directed by Engineer." PART V: DIVISION 5 - PAVEMENT AND SURFACE COURSES ITEM 5.8.2. CONSTRUCTION METHODS -- (e) Joints SPECIAL PROVISIONS PAGE 9 (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansionjoints shall be installedperpendicularlyto - the surface and centerlineofthe pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, 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 every 1,000 linear feet of pavement, unless otherwise specified on the Plans or directed by -- the Engineer. (C) Proximity 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 following: "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and 1/4 inch in width, and installed every 12 linear feet of _ pavement, and extend through curb, unless otherwise directed by the Engineer." _ (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog _ sprays powered by pressure pumps, and capable of covering 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 with a fine mist, shall be used if water is needed for finishing operations." -- PART VI: DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION 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 density -- 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 otherwise specified in the Plans or directed by the -- Engineer. o0o SPECIAL PROVISIONS PAGE 10 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 necessary to protect the safety 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 with the _ Occupational Safety 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 Terra-Mar Consulting Engineers, are included in Appendix A. Subsurface conditions between the locations shown on the logs will vary, and it is the _ Contractor's responsibility to detect varying 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 safety systems. The _ Contractor, at his expense, shall be responsible for obtaining any geological data required for his design of the trench safety system. -- 1.4 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 Safety and Health -- Regulations, Part 1926, Subpart P, Paragraph 29 CFR 1926.652, Subparagraph (a)). 1.5 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 injury (including death) that arises from use of the trench safety systems, from the Contractor's negligence in performance of the contract work, shall remain the sole responsibility and liability of -- the Contractor. 1.6 EXISTING UNDERGROUND INSTALLATIONS: Known underground installations -- are shown on the Drawings. It is the Contractor's responsibility to verify the size, locations and elevations of all existing utilities in the construction area prior to commencement of excavation operations. PART II - MATERIALS -- Not applicable. SECTION 03001 - TRENCH SAFETY SYSTEMS PAGE 1 PART III - INSTALLATION -- 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 Safety". Payment shall include all components for design and constmction 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 water to provide adequate drainage. Payment 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 necessary to complete the work. o0o SECTION 03001 - TRENCH SAFETY SYSTEMS PAGE 2 DIVISION 4 - SITE WORK DIVISION 4 - SITE WORK -- SECTION 04102 - CLEARING AND GRUBBING PART 1 - 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 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 AND 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 III - EXECUTION 3.1 Method: Any areas where excavation of filling is to take place shall be cleared of all -- stumps, roots, debris, and any aboVe-surface growth. 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 necessary 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 will be permitted upon approval by the appropriate authorities. It shall be the CONTRACTOR'S responsibilityto 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 any 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: No separate payment shall be made for clearing and grubbing. This work -- shall be considered incidental and shall not be measured for payment. o0o SECTION 04102 - CLEARING AND GRUBBING PAGE 1 DIVISION 4 - SITE WORK -- SECTION 04210 - EXCAVATION, BACKFILL AND GRADING PART 1 - GENERAL 1.0 THE GENERAL CONDITIONS, SPECIAL 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 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 Plasticity Index of 4 to 15. Less than 50 percent by weight -- 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 C1 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 within plus or minus 0.1 foot. Overbreak shall be restored by the - CONTRACTOR at his own 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 Safety System at all times during construction. SECTION 04210 - EXCAVATION, BACKFILL AND GRADING 1 In general, all excavations shall be made in open-em 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 density 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 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 otherwise shown 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 wet or dry, or otherwise in a condition unsuitable for working. Slopes to be covered by topsoil shall be placed concurrently with the fill. 3.4 Filling: All materials used for filling shall be onsite clay soils, except where "Sand Backfill" or other materials are called for in the drawings or in the Specifications. Excess excavated materials resulting from street and site excavation will 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 MANAGER, not to exceed 2,000 feet. CONTRACTOR shall clear and grub off.site fill areas. - Equipment for compacting fills shall be sheepsfoot rollers, rubbertired rollers and other approved equipment capable of obtaining required density. SECTION 04210 - EXCAVATION, BACKFILL AND GRADING 2 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 content 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 satisfactory 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. Clay fill shall be compacted to a minimum of 95 percent of the maximum dry density as -- determined by ASTM D698. Clay fill shall have a moisture content between the optimum and four percent above optimum. Testing of fill areas will be performed by the Testing Laboratory. One hundred percent of Standard Proctor Density for sand backfill, and between 95 and 100 percent of Standard Proctor Density for sand backfill. Backfill below the top of Wingwalls 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 All work under this Section shall be paid for at the price established in the pay items for _ "Excavation" and "Backfill and Compaction" which shall include all labor, equipment, and supplies necessary to complete the work. No separate payment shall be made for the removal and offsite disposal of rock material larger than 6-inches in diameter. 4.2 In excavation areas where grass is to be established, the CONTRACTOR shall overexcavate six (6) inches to allow for the placement of topsoil. This overexcavation and _ placement of topsoil shall be considered incidental and shall not be measured for payment. oOo -- SECTION 04210 - EXCAVATION, BACKFILL AND GRADING 3 - APPENDIX A - SOIL INVESTIGATION DATA :1 oo GEOTECHNICAL INVESTIGATION GATEWAY BUSINESS P/~.K PHASE __ COPPELL , TEXAS SANTA FE PACIFIC REALTY C0RPORATION 5429 LBJ FREEWAY, SUITE 600 D~LLAS, TEXAS 75240-2609 -- BY TERRA-MAR, INC. DALLAS / FORT WORTH / HOUSTON -- MARCH 1990 Consultlncj Engineers.. G~otechnlcal · Environmental · Construction Materials Testing DALLAS · FORT WORTH · HOUSTON · AUSTIN Harch 14, 19g0 Report No. DE90-002 Santa Fe Pacific Realty Corporation 5429 LBJ Freeway, Suite 600 Dallas, Texas 75240-2609 Attn: Mr. Wayland Threadgill Manager of Construction Services -- GEOTECITNICAL INVESTIGATION GATEWAY BUSINESS PARK PHASE I COPPELL, TEXAS Gentlemen: -- Submitted herewith is our report on the evaluation of the soil conditions at the above referenced site. This report presents results of the field and laboratory investigations together with _ recommendations concerning the proposed erosion and sedimentation control structure, site preparation, pavement and railway sections and subgrade stabilization requirements. Also included are preliminary foundation design parameters and -- ~ecommendations for the use of existing topsoil material in landscaping operations. This investigation was authorized by Mr. Wayland Threadgill. The results and recommendations of this study are presented below. A site plan and Logs of Borings are attached. t. Project Description2 It is planned to develop an approximate 109 acre site north of I.H. 635 and bounded on the _ east by Freeport Parkway in Coppell, Texas. At this time, proposed construction is to include roadways and railway service capabilities together with the construction of an erosion and sedimentation control structure to be located within the -- existing creek. A general layout of the project site is shown on the Plan of Borings, Plate 1. _ II. Field Investigation. Twelve sample test borings were drilled at the site to evaluate existing subsurface conditions. Borings located along the proposed roadway alignments were _ extended to depths of 15 feet below existing grades while the borings located along the proposed railway alignments extended 2629 Lomb.al'd)', Dallas. Texas 75220 Phone: 214-352-83S2 .. to depths of 10 feet below existing grades. Two additional borings were advanced at the proposed location of the erosion i! and sedimentation control structure and extended to depths of 24 and 40 feet below existing grades, penetrating the shale at least five feet. Borings are located approximately as shown on --!~i the Plan of -- Borings· Plate 1. Sample depth· soil and rock description and. classification (based on the Unified Soil Classification System) are shown on the Logs of Borings Plates 2 through 13 and on the _ ~! Generalized Soil Profile, Plate 15. A key to the descriptive terms and symbols used on the logs is presented on Plate 14. Soil formations were generally sampled using the Shelby tube -- sampler to sample the cohesive soils. Cohesionless soils and soils too hard to push using the hydraulic pull-down of the drill rig were sampled by means of a split-barrel sampler in -- conjunction with the Standard Penetration Test (SPT). The rock formation was evaluated by the Texas Highway Department (THD) Dynamic Cone Penetrometer Tests, utilizing published' data. In _ order to dete~,~ine the suitability of the existing topsoil for use in landscaping operations, representative bulk samples of the topsoil and near surface soils were obtained. Additionally, the subgrade bulk samples were utilized to evaluate the subgrade -- strength characteristics. Borings were drilled dry, without the aid of drilling fluids, to -- more accurately evaluate groundwater levels. Measurement to determine the presence and levels of groundwater were made in all borings at the completion of drilling and at least 24 hours ._ later. These observations are indicated on the. boring logs. After final water level observations, all boreholes were backfilled. -- III. Laboratory Investigation. The purpose of the laborator~ testing program was to evaluate the physical and engineering characteristics of the subgrade soils. Tests consisted of -- liquid and plastic limits, natural moisture content, and dry unit weight. Results are noted at the appropriate sample depth on the boring logs. Shear strength of the clay soils were evaluated by hand penetrometer tests and later confirmed by laboratory unconfined compression tests. Test results are tabulated at the -- appropriate sample depth on the boring logs. Natural moisture content and dry unit weight, determined as part of the unconfined compression tests, are also shown on the boring -- logs. Allowable bearing capacity of the shale formation was evaluated by correlation of THD Cone Penetrometer test results, ~.. utilizing published data. A series of liquid and plastic limit tests were conducted on the ,... natural subgrade soils in order to determine optimum _ stabilization additive contents for the purpose of reduction in soil plasticity. Additives evaluated included hydrated lime and 2 Type I Portland Cement. In these tests, soil plasticity index _ (PI) was evaluated as a function of the percentage of stabilization additive, expressed as a percent of dry soil weight. Results shown on Plates 16 and 17 indicate that optimum additive contents of six percent cement or lime, by dry -- weight, is required to stabilize soils with respect to lowering the plasticity index (PI) to values less than 15. -- In order to determine appropriate design parameters for use in pavement and railway design, the strength characteristics of the natural and additive treated subgrade soils were evaluated by California Bearing Ratio (CBR) tests and Unconsolidated Undrained (Ir g) Triaxial Compression tests. ResUlts of the CBR tests are shown on Plates 19 through 21 while a summary of the UU tests are given on Plate 22. Samples of the existing topsoil were analyzed by A & L Agricultural Laboratories of Memphis, Tennessee for organic _ content, pH, textural classification and chemical constituents to determine the suitability of this material for use in landscaping. Results of these- tests, together with recommendations conoerning landscaping operations are included -- in Appendix A. IV. Site and Subsurface Conditions. The site is geologically -- located in the mapped outcrop of the Eagle Ford Shale Formation, as shown on the Dallas Sheet of the Geoloqic Atlas of Texas. Where this formation outcrops, subsurface conditions typically _ consist of highly expansive surficial silty clay and clay soils overlyihg shale. Soil formations encountered at the site are shown in detail on -- the boring logs, Plates 2 through 13 and on the Generalized Soil Profile, Plate 15' The soil data indicate that subsurface conditions can be grouped as follows: Average Stratum Depth (ft) Description I 0-7 Stiff to hard dark gray to grayish brown clay and silty clay (CH & CL). 7-18 Very stiff to hard tan and light gray silty clay (CH & -- CL). III 18-22 Dense tan and light gray _ clayey fine to coarse sand with fine gravel (SC-SP). NOTE: Encountered in Boring B-11, near creek. - a IV 22-25 Soft tan and light gray weathered shale with very fine sand seams. NOTE: Encountered in Boring B-il, near creek. V .-.. 25- Soft to firm dark gray Completion shale, fissured. NOTE: Encountered ~n Borings B-11 and B-12, near'creek. V. Groundwater Conditions. Water level observations made during the field investigation indicated that groundwater levels are generally below the depths'of the borings. Borings B-ii and B-12, near Grapevine Creek, encountered groundwater at an average depth on the order of 18 feet below existing grades. It should be noted that present groundwater conditions may not remain static and will fluctuate with variations in seasonal precipitation and surficial runoff. VI. Design Conditions. The overburden soils of Strata I and II are compact and vary from moderate to highly plastic. Clayey sand was encountered in Boring B-11, near Grapevine Creek, and extended a depth of 8.feet. These soils, if encountered during straight shaft pier ihstallation, will need to be temporarily cased. These more permeable soils also need special consideration for the design of the erosion and sedimentation control structure and are discussed in more detail in that section. The dark gray shale is relatively strong and will provide adequate bearing for foundation loads. VII. Subgrade Soil Parameters. Pavement and railway section design requires the use of soil properties or the results of specific tests to determine appropriate design parameters. Listed in Appendix B are the subgrade design soil parameters used for both pavement and railway spur design sections. VIII.Pavement Section. It is our understanding that concrete pavement is planned for this site and it is to meet the standard street and thoroughfare pavement design for the City of Coppell. Based on correlations of subgrade type and supporting capacity, the reqUired thickness, as a function of estimated traffic and wheel loading, has been determined using the AASHTO "Structural Number" (SN) System and the Texas Highway Department Design Manual, Rigid Pavement Structures (Appendix F-100). Based on our field and laboratory studies and the presence of highly expansive subgrade soils it is recommended that concrete pavement be placed on a six inch thick stabilized subgrade. In our opinion, long term performance of concrete pavement can be enhanced by stabilization of the expansive clays. Six percent (6%) hydrated lime or Type I Portland Cement should be mixed with the subgrade soil to achieve the desired degree of Merchants __ Bonding 'PlAIN~NCE BOND .Company - ' Bond No. TX 544774 - KNOW ALL MEN BY THESE PRESENTS, that we Wr±ght Construction Co., Inc. as Principal, and Merchants Bonding Company (Mutual), a corporation _ organized under the laws of the State of Iowa, and duly authorized to do business in the State of Texas as Surety, are held and firmly bound unto City of Coppell as Obligee, in the penal sum of ~wo Hundred Seventy Thousand Eight Hundred -- Eighty Seven 00/100 ($ 270,887.00 to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and _ assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has Constructed off-site paving & drainage improvements -- Gateway Business Park, Coppell, TX - NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Oblilgee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which _ may become apparent during the period of 2 year(s) from and after date of final acceptance then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this //~ day of //~mo$1~ , 19 ¢/~) . Wright Construction Co., Inc. MFT~CH,~TS BONDING COMPANY (MUTUAL) t× Attorney-in-Fact 512-$43-9033 6850 Austin Center Bird · ,~uite ~00 Austin, Texas ~731 ~A~: 1~2-~6 P.O. B~ ~6~0 · A~tin, Te~ ~755-0~0 F~: 1-512-343~ Merchants Bondi,ng Company (MUTUAL) - POWER OF ATTORNEY Know All Man By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint John W. Fougeron, Ann Bennett, Donna Bogart and/or Mamie S. Mann of Dallas and state of Texas '~s tn~e and lawtul Attorney-in-Fact, with mil power ~ authority hersby ¢onten'ed in its name, place and Mead, to sign, execute, acknowledge and deliver in its behalf as surety any and all __ . bonds, underlaldnga, recognizances or othe~ wdltan obligations in the nature thereof, subject to the limitation that any such instmmant shall net exceed the amount of:. TWO MILLION ($2,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the sams extent as if such bond or under(airing was ~igned by the duly au'dlo~zed officers of the MERCHANT'S BONDING COMPANY (MUTUAL), and all such acts of said Alt·may-in-Feat, pursuant to b%s authority heroin given, are hereby ratified and confimsed. This Power-of-Alt·may is made and executed pure6ant to and by autho~y of the following Amended Substituted and Rest·ted By-Laws adopted by the Board of Directors of the MERCH.~JqTS BONDING COMPANY (MUTUAl.) on October 3, 19~2. ARTICLE II, SECTION 8. - The Chairman of the Board or PresMent or any Vk~e Pr-eside~ or Secretery shall have power arid author- ity to apl~t Attomeys-in-Fect, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company --- th·mt·, bonds and undertakings, recognizances, contm~ts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9. - The signature of any auth~ officer and the Seal of the Company may be afr~ed by facsimile to any Powe~ of Att·may or Certffication thereof autho~zing the execution and delivery of any bond, unde~taldng, recognizance, or other suret~Jhip obligations of the Company, and such signature and seal when so used shall have the same force and effect as though · - manually fixed. In Withess Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its Vice-President and im come,ate seal to bo hereto, amxed, this 1st day of January 1998 A.D., ~\.~. '.~_." '~'j~,· MERCHANTS BONDING COMPANY (MUTUAL) o~-.."_~ -o- ~'-..: e~.. · .~. · ~o By · ..: 1933 : · ?1' . .. STATE OF IOWA · · · · · · · · -- COUNTY OF POLK ss. On this [St. day of J'anua:L--V' ].998. , before me appeared Lam/Taylor, to me personally known, who being by me duly sworn did say that he'i's Vice-Presiden~ of the MERCHANTS BONDING COMPANY (MUTUAL), _ the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corn·rate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Where<f, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. -- · ~ : '. Z · Notary Public, Polk County, Iowa · : IOWA ': '.... .: My commission STATE OF ~OWA :. Expires 2-1g',0'I COUN'~f OF POLK ~. ···eeoeeO° I, W]lllarn Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby sertffy lhel the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still -- in force and effect. In W'riness Whereof, I have hereunto set my hand and affixed the Seal of the Company on · ~:.'~pn :g-. stabilization. In order to compensate for non-uniformity during spreading and mixing, it is recommended that thirty five (35) -- ~1 pounds per square yard (psy) for each six inches of compacted thickness be used. Procedures for additive treatments should be as recommended in Appendix B. ... Utilizing the above mentioned procedures, traffic data assumptions and soil strength parameters, the following design parameters were used: Roadway Class: Industrial Collector D_esign Period: 20 Years -- Traffic: 1,000,000 18 kip ESAL Terminal Service- ability Index: 2.5 _ Reliability: 90% Listed below are recommended pavement sections. These pavement sections will be suitable for frequent applications of the -- design wheel loading and infrequent loads of greater magnitude. Adequate subgrade d~ainage is essential to pavement performance in accordance with design criteria. It is our understanding -- that the City of CoPpell utilizes both compressive strength concrete criteria and flexual strength concrete criteria. Table I is based on the use of 3,000 psi compressive strength _ concrete, while Table' II assumes the use of 650 psi flexural strength concrete. -- TABLE I (3,000 psi compressive strength concrete) -- 8.0" Portland Cement Concrete Pavement 6.0" Lime stabilized or cement modified subgrade (35 psy) NOTE: This pavement thickness is based on frequent heavy truck traffic using the design parameters listed above. Seven inch pavement thickness may be used if 500,000 18 kip ESAL's are -- anticipated, for the 20-year design period. _ Table II (650 psi flexural.strength concrete) 7.0" Portland Cement Concrete Pavement 6.0" Lime stabilized or cement modified subgrade (35 psy) NOTE: This pavement section assumes frequent heavy -- truck traffic, if 500,000 18 kip ESAL's are anticipated, six inch pavement thickness may be used for a 20-year design life. Specifications are included in Appendix B. :~ IX. Railway Spur Sec%ions. Design of the railway spur section -- !~ was performed using the elastic theory design for layers of " differing moduli of elasticity and are based on 80 kip tie il loads, using the design soil parameters listed in Appendix B. ~ I! Listed below are recommended railway sections. ,~ It should be noted that lime stabilized subgrade is ~ecommended Ii over cement modified soils due to the brittleness of the cement '-- modified soils. It should also be noted that eight inches of subballast is recommended to reduce the stress on the stabilized section. 6.0" Crushed "Chico" limestone ballast-beneath tie 8.0" Crushed Stone Base with binder subballast 8.0" Lime stabilized subgrade (47 psy) Specifications are included in Appendix B. -- X. Site and Pavement Subgrade Preparation. Site preparation may require minor cuts and fills to bring the site to proposed grades and improve drainage. Recommended earthwork construction -- and subgrade preparation procedures should be as outlined in Appendix B. _ XI. Erosion and Sedimentation Control Structure. It is our understanding that a 10 -foot high structure is to be constructed . within the existing Grapevine Creek to retard water flow and provide less erosive velocities. By design, the upstream side -- of this structure will eventually silt into a level close to the top of the structure. -- Based on Borings B-11 and B-12, excavations performed to depths of 10 feet below existing grade will terminate approximately 8 :. feet above the pervious sand stratum and approximately 6 feet _ above the present groundwater level. It is estimated that the coefficient of permeability (k) for the clayey sand stratum is ~..~ on the order of 1.0 x 10-° cm/sec. The proposed structure founded at a depth of 10 feet below existing grade should be founded below any soft surficial soil -~ layer in the hard to very stiff tan and light gray silty clay. -- Allowable bearing pressures at this depth are on the order of 4,000 psf. _ For the design of the structure, equivalent fluid pressures associated with clay sedimentation behind the structure may be C~ assumed to be 110 pcf. For channel side slopes, 3(H): 1 (V) slopes are considered to be ~ stable with respect to deep seated slides. However, the active -.. clays would be subject to relatively shallow skin slides caused -- by the development of shrinkage cracks during dry summer weather followed by heavy rains in the winter. In order to reduce " future maintenance associated with the repair of these skin i! slides, slope ratios of 4(H): 1 (V) should be considered. XII. Foundations, Grade Beams and Floor Slabs. Subsurface -- conditions at the site were evaluated by a discrete number of borings. Therefore, additional geotechnical studies will be required for specific design of structures. Preliminary recommendations for foundation systems are presented below. -- Design of specific foundation systems should be based on soil properties obtained at specific site locations. -- Based on the presence of highly expansive clays in the upper soil profile, structural loads should be supported on a pier and beam foundation System. For preliminary purposes, allowable end _ bearing pressures for straight shaft piers founded in competent gray shale may be assumed to be on the order of 12,000 to 20,000 pounds per square foot (psf). Allowable skin friction values may be assumed to be on the order of 2,000 to 4,000 psf for that -- portion of the shaft extending greater than two feet into the competent gray shale. Penetration into shale must be adequate to resist uplift forces in that portiOn of the pier within the -- zone of expansive clays. Final design penetration should be determined by a structural engineer, following a site specific geotechnical investigation -- As an alternative, underreamed (belled) piers .may be used to carry structural loads. Underreamed piers should be founded at depths of approximately 15 to 17 feet below existing grade in -- the hard to.very stiff tan and light gray silty clay. Allowable bearing capacities on the order of 4,000 to 6,000 psf may be assumed for underreamed piers founded at the recommended depths. ._ These piers should be subject to maximum settlements of three quarters of an inch and maximum differential settlements of less than one-half inch if the piers are belled properly and thoroughly cleaned after belling. Underreamed piers should be -- provided with a bell diameter-to-shaft diameter ratio of .about 3:1 to resist uplift forces created by soil-to-pier adhesion in the zone of expansive clays. Both straight shaft and underreamed piers should be reinforced for their full depth with reinforcing steel. Reinforcement _ quantity should be adequate to resist tensile forces due to soil adhesion over the first 15 feet of the pier shaft in contact with the clays or to the top of rock, whichever is less. -- Detailed observation of pier construction should be performed by a qualified engineering technician to assure that piers are founded in the proper bearing stratum and that all loose -- materials have been removed prior to concrete placement. Considering strength of the soils and present groundwater levels, it is anticioated that shaft excavations will remain _ stable during drilling operations for belled pier foundations, -- :I with only minor water seepage anticipated through the cracks and fissures of the clay soils. -- It should be recognized that water bearing granular soils were encountered in Boring B-11, near Grapevine Creek. .Water bearing granular soils may be encountered in other areas where straight -- shaft piers founded in shale are used. If water bearing granular soils are encountered in any pier hol~, temporary casing will be required to seal out groundwater and Caving soil _ il during concrete placement. For any given pier, excavation, placement of steel and concreting should be completed within ode workday. -- Grade beams or panels should be isolated from the subgrade soils using a structural suspension to provide a positive void between the beam and soil. The voids can be produced by using _ compressible cardboard carton forms especially manufactured for this purpose. The void space should be determined by a site specific investigation. Floor slabs may consist of either a suspended structural floor utilizing a positive void space as stated above or an independent floating slab-on-grade placed on a prepared building -- pad. If placed directly on the untreated subgrade soils, the slab will be subject to heave and cracking .resulting from moisture changes in the underlying expansive clays. Potential _ Vertical Rise (PVR) of the floor slab due to swelling of the underlying highly expansive clays could range from one to three inches for wet weather conditions to about five inches for dry _ weather conditions. For slab-on-grade construction, generally accepted design standards require that the PVR be reduced to one inch or less. -- A reduction in potential floor movement can be achieved by supporting the floor slab on a building pad utilizing low · ~_ plasticity compacted select fill, lime slurry pressure _ injection/water pressure injection, or a combination of the two. It should be noted that these analyses do not include the effect of site cuts and fills. The actual amount of differential -- movement will depend on the loading conditions, available free moisture, depth of expansive material and drainage conditions. -- XIII..Inspection and Testinq. Many problems can be avoided or solved in the field if proper inspection and testing services are provided. It is recommended that site and subgrade -- preparation, lime stabilization and/or cement modification, pavement and railway construction and the construction of the erosion and sedimentation control structure be monitored by a qualified engineering technician. Density tests should be performed to verify compaction and moisture content of any earthwork. Inspection should be performed prior to and during concrete placement procedures. TERRA-MA.R employs a group of experienced, well-trained technicians for inspection and construction materials testing. We would be pleased to assist on this project phase. XIV. Limitations. The recommendations presented in this report were based on a discrete number of soil test borings and site for surface features indicative of variable soil conditions (fill, borrow, or drainage areas, faulting, etc.) subsurface conditions may be encountered that differ from these'data. In this case, we should be notified immediately so that the effects of these conditions on design and construction can be addressed. -- This study was conducted for the exclusive use of Santa Fe Pacific Realty Corporation and was coordinated with the civil engineering firm, Albert H. Halff Associates, Inc. The ._ reproduction of this report or any part thereof, in plans or other documents supplied to persons other than the owner, should bear language indicating that the information contained therein is for general design purposes only and not for bidding purposes, unless so indicated, and that the owner and TERRA-MAR, INC. are not liable for any representation made therein. -- We appreciate the opportunity to assist on this project and trust that our recommendations will lead to cost effective design and construction. Please call us if we can be of further assistance. Sincerely, -- TERRA-MAR, INC. T W. Oswald, E.I.T. Mark J. Farrow, P.E. Staff Engineer Sr. Geotechnical Engineer -- Grubbs, P.E. President _ TW0/MJF/B~G/al Copies Submitted: (2) Santa Fe Pacific Realty Corporation Mr. Wayland Threadgill (1) Albert H. Hulff Associates, Inc. Mr. Patrick Acker ( f: kReportkDEg0002) 9 Plates ~/ Logs of Borings 2-13 Legend 14 Generalized Soil Profile _ 15 Optimum Stabilization Additive Determination 16-17 _ Proctor Test Report 18 CBR Test Reports 19-21 -- Summary of Unconsolidated Undrained Triaxial Test Results 22 APPENDIX A - Results of Topsoil Analyses and Recommendations APPENDIX B - Specifications for Design and Construction LETTER OF TRANSMITTAL ATTENTION: /~ r'. /)~: ~:~ ~ /-J,-~-~,~r _Re: ~,..~¢~,,,~ [~,;~,~.r >D~r/~- ph~ ~ Date: ~/~/~ D Our dob No.: )pie8 Date or Number Description Remarks: __ Signed: _ ~)~ [] Reply Requested - /, - I - LOG OF BORTNG BORING 8-i _ 8or&ng: B-I Date' ~-5-90 Project No: DEgO-O02 j Project: Gateway Business Park - Coppe]l . Texas I, Elev: 530.9 Location: See' Plate ~ -- Depth to water at completion of bor&ng: Dry Depth to water when checked: ~ 4 days was: Dry Depth to caving when checked: @ 4 days was: 15.0' : S~x~ER SY~OtS OESCRZPT ION OEPTH AN] FIELD TEST DATA -- 535 N~ dark gray C brown _ s3o- silty CLAY w/ calcareous nodules & trace fine gravel -very stiFF From 2' -1Agh.t brown 5n color from 5' (CL) CLAY w/ calcareous nodules. iron stains & silt seams, -- blocky 520 · (CH) -- i Completion Depth: 15.0' - t PLATE NO: 2 TERRA-MAR, INC. , . - LOG OF BOFI NG BORING B-2 Bor&ng: B-2 'Date' ~-5-90 Pro)err NO: DE90-O0~ Project: Gateway Business Park - Coppell Texas -- Elev: 525.6' Location' See PZate ~ Depth to water a'( completion of boring' Dry Depth to water when checked: ~ 4 days was: Dry -- Oepth to caving when checked: ~.4 days was: &5.0' __ ~T~' ~ FIELD ~EST OESCRIeTiON - ~ CLAY w/ calcareous nodules ,nodules ~ trsce fine gn~veiJ 1.5+ --5 ~J/~/ -lighter in color w/ J J J -- 5Z0--~ ,~/ J ~ from ~.cB1c~pe°us inclusions (CH)j j jJ / I ~.s. ~ CLAY w/ calcareous & &ton j j j "-,o ~ ~. nodules & occasional s'it ~ ~ ~ CoBp3e~on Berth: ~5.0' PLATE NO: 3 - t - LOG OF BORTNG 80RTNG 8-3 -- Boring: 8-3 Date: ~-5-90 Project No: OE90-O02 Project: Gateway Business Park - Coppel] Texas Elev: 523.1 Location: See Plate ~ -- Depth to water at completion of boring: Dry ! Depth to water when checked: ~ 4 days was: Dry Oepth to caving when checked: @ 4 days was: 15.0' '-' ~TH, ~F[~D TEsTSY~SDATA OESCRZPTZON [ ~ I~f IHand Peril Unc~. 525 -- - -o ~ - H~' ~"~'~"~'i'~'~"~6~Y .... ~.5+ -- - ' ~ w/ calcareous nodules ~ /// ~nc]us[ons. slickensJded -- ~ rl~ // --15ghter 5n color from 4' Z _ N&~a- ~6-' ~ --j y~-di-- -~FA~--E~ ~-i~- ~.~, j~/ CLAY w/ calcareous nodules 5,~ ~/ ~ iron st~ns, s!~ckenside~ - Ik ~ -,o fi~o- r -~/ ~ine sanO 8earns ~ 14' ~.~ -- (CH) - I I - I - I _ Com~e~on ~ept~: 15.0' - PLATE NO: TERRA-MAR. ZNC . LOG OF BORTNG 80.=. ZNG Boring: B-4 Dabe: Z-3-90 Pro)ecb No: DEgO-O02 Project: Gateway Business Park - Coppe31 , Texas Elev: 520.6 LocatXon: See Piate Depth to water at comple~ion of bor~ng: Depth to water when checked: ~ 6 days was: Dry Depth to cay&rig when checked: ~ 6 days was:-15.0' SAMPLER SYMBOLS DESCRZPTZON ~ I~c¢ 1~and P~*/ ~' D~TH. A~ FZELD TEST OATX 525 -- --O ;~ -- ~"~'~',¥'~'~¥~'~''~'~ ...... ,.24 5zo-~_ Is~z[y CLAY ~/ ca[caneous /// nodules S occasSona[ f~ne /// send 0.85 ~ silty CLAY w/ celcaneous nodules 6 inclusfons ~ fron ~/_/ stains t.~6 I Completion Dept~: ~5.0, PLATE - LOG OF BORTNG BORZNG B-5 -- Boring:B-5 Oate: 1-3-90 Pro~ect No: 0E90-002 Pro~ect: Gateway Business Park - Coppe)l Texas " Eleb: 521.8 Location: See Plate 1 -- Depth to water at completion of boring: Dry Depth to water when checked: ~ 6 days was: Dry Depth to caving when checked: @ 6 days was: 15.0" s~ sf~ DESCR~PT !ON ~ ~ FInD TEST DATA . ~f ~Hand Pen/ ~c~. 525 ~ '~ ~ CLAY w/calcareous nodules -- 52°-m' ~ -hard ~ 2' 27 I ~5-_ / i]lgh~ gray 511ty CLAY w/ ~ calcareous nodu)es ~ i ~ &ncZusio~s ~ iron stains. ~ ~ ~.oa o.~ severely s) ickens&ded I -- ' /' -hard 8 tan in co loc feom ~ 1.3~ Completion Depth: 15.0' - ! PLATE NO: 5 LOG OF BORING B©,~ T_NG Boring: B-6 Oate: 1-S-90 Project No: DEPO-O02 Project: Gateway Business Park - Coppe]l Texas Elev: 520.6 Location: See Plate Depth to water at completion of boring: Ory ,.. Depth to water when checked: ~ 6 days was: Ory Depth to caving when checkeO: ~ 6 days was: ~5.0' ~T""A~S'N~ERFIELD SYN6OLSTEsT DATA DESCRZPTZON ~ L ~ IpCf lUa.., Pen/, Uncon. -0 ~ - v~'~"~'~'"~"s~'~'~"~¢~'~'~" ~ ~ ~ ~ ~-~ 5~0-,/~ brown silty CLAY w/ / / r :calcareous nodules G iron I '/ s~lty CLAY w/ calcareous l~/ I ~od~s s ~nczus~o.s s ~ron/ / / 27 i. i6 -tan in color from 13' (CH ~.16 ---15 Completion Depth: ~5.0' PLATE NO: 7 - LOG OF BORTN 80~NG B-~ Boring: B-7 Dat~' ~.-3-90 Pro)ect No: DE90-O02 Project: Gateway Business Park - Coppe]] Texas Elev: 519.5 Location: See Plate 1 _ Depth to water at complet'ion of boring: Ory Depth to water when checked: ~ 6 days was: Oepth to caving when checked: @ 6 ~ays was: 8.9' ~ s~ DESCRIPTION ~TH ~ FIELD TEST DATA --- ~ : : ~f IH~d _ ~occaslonal flne sand. nodu]es& ~nc!us~ons, ~o- ~ slickensided - lo (CH) Completion Depth: 10.0' PLATE NO: TERRA-~AR, ZNC. LOG OF BORING ~0R lNG B-8 Boring: B-8 Date' 1-3-90 Project No: DEg0-002 Project' Gateway Business Park - Coppe33 Texas Elev: 518.2 Location: See Plate 1 Depth 't~o water at completion of boring: Dry Depth to water when checked: ~ 6 days was: Dry 0epth to caving when checked' ~ 6 days was:. 10.0' SAI4PLER SYHBOLS --- OESCRZPTZON % pCf ~0 P~ Uncm. O~TH ~ FIELD T[ST DATA ~°~°~ ~tiff d~Pk gray s~lty CL~Y ' ~ o6~io~! ~l~eous nodules & ~ron stains S~S~s~ -very stiff from 6' (CH) s~o~ v~' ' ~: i'~ ~' "~ ~'A" ~ "~ Yg~ E' ~ ~'~ silty CL~Y ~/ c~lcuceous nodules ~ iron stains 'o (CH) Completion Oepth' 10.0' PLAT[ NO: 9 = LOG OF BOFI N6 .~ ~OR[NG 8-9 -~ Boring:B-9 Oate: ~-5-90 Pro)act No: 0E90-002 Project: Gateway Business Park - Coppe]] . Texas --r. Elev: 52~.5 Location: See Plate ~ -- Depth to water at completion of boring: Dry Depth to water when checked: N/A was: N/A T. Depth to caving when checked: N/A was: N/A · S~t.E~ SY~(X.S DESCRIPTZON = % ~ % i~~ p oEP'rH ~ F[ELO T~ST ~A , , -;. CLAY w/ calcareous nodules -- -hard from 2' t.§+ 0.93 _ (CH) Very stiff tan & light gray silty CLAY w/ calcareous -- ~o nodules S inclusions S iron ~tains [CH) Complete_on deptl~: 10.0' ~[ATF NO~ 1[: TFRRA-MAR, LOG OF BORTNG ~ORZNG B-lO BDt&rig: B-lO Date: 1-3-90 Project No: DEgO-O02 Project: Gateway Business Park - Coppell Texas Elev: 520.4 Location' See Plate Depth to waber ab completion of boring: Dry Depth to wabeP when checked: ~ 6 days was: Dry Depth to caving when checked' @ 6 days was: 8.7' SAMPLER SYMBOLS DESCRiPTiON ~ o eof ' Hand P~'n/ Uncon. DEPTH AI~ FIELD TEST DATA 525 -- ~-/ ,~, ICLAY w/ calcareous & iron ~/ nodu les, blocky 0.Te // s~!ty CLAY ~'/'calcareous / nodules ~ &nclusions ~ iron ~o ~ , stains (CH) Completion Depth: 10.O' PLATE NO: - LOS OF BO TNS _ Boring: B-l! Date' ~-5-90 Project NO: DEgO-O02 Project: Gateway Business Park - Coppel] . Texas Elev: 522.4 Location: See Plate ~ _ Oepth to water at completion of boring: 22.0' ... Oepth to water when checked: 9 4 days was: !6. Oepth to caving when checked: ~ 4 days was: 16.8' __ 530 -- ~- ~ / ~/ ca]careous noou~es S -to ~ ~ CLAY~ iron' ~/stelnsca]csreous nodule5 5~0 -- --veny s~ff from 13' clayey f~ne ~o coarse SANO 5oo-- ~~ w/ fine -increasing gr~ve] content -- '-"~o/s from 25' (SC-SP) ~ ~13/s weathered SHALE w/ very ~ ~/s fine sanO lenses ~90- -- -har~er from water Cneckeo PLATE NO: LOG OF BORTNG BORING B-:2 Borzng: B-12 DaLe' Z-6-90 Pro)ecL No: DEg0-OO~ Pro~ect: GaLeway Business Park - Coppe]] Texas Elev: 5~8.0 Location: See Plate Depth to waLer aL complebion of Opting: Dry Depth to water when checked: ~ 24 hours was: 19.5' Depth to caving when checked' ~ 24 hours was: 23.6' ELEV SO~L SYM~LS , A~ FIELD TEST DATA , 520 ~ ' , -;- / CLAY w/ calcareous nodules J / :B iron sta&ns '- -w/ caZcapeous inclusions ~ 5~5-- . ~/ from 2' [CH) -- i/ - ~a'"~','"~'~"~ ~'9" ~ ......... = I ~--5 grayish b¢own s~ty CLAY w/ calcareous ~ 2pon nodules -- ~ g inclusions (CH) ~ i 5~0 V~'~'"~'~'~'"~4"~"~'~'~'&~' ~~ 44 ~9 25 92 t 0.93 i.20 -- silty CLAY. w/ very fine ~j sand seams ~ lenses. ]-- 10 , ~ fissured J 5o5-- -hard, becoming slightly 33 ~ -- ._ shaley g laminated from 13' '- ~ SHALE' f i~suned ._ -harder from 20.5' -- I 495-- -- ~o/~.~ - I i Water Checked ~ 24 hours L - Comlpetion Depth: 24.0' PLATE NO: - I - I LegenD: -- Symbol: Description:' Symbol: Description: I _ ~ Clay ~--~ Si 1 t Grave 1 -- Weathered Limestone UnweathereO I Limestone Shale ~ Pavement - I ?/6 Standard penetration ~--~ Rock Core Sample. s/s test. N blows for - I _ 12 inches. --~ Undisturbed thin ~ ~ Bulk sample taken wall Shelby tube I~ from auger flightS. I ~s/6 trometer, iO0 blows T time indicated -- for N inches. --~ at completion boring caved -- of boring -- Notes: I -- t. Exploratory borings were drilled on dates indicated i using truck mounted drilling equipment. P. Water ]evel observations are noted on boring logs. i 3. Results of tests conducted on samples recovered are reported on the boring logs. Abbreviations used are' -- OD = natural dry density (pcf) LL = L~quid limit : NC = natural moisture content (~) PL = Plastic limit · Uncon.= unconfined compression (tsf) PI = Plasticity inOex Hand pen.= hand penetrometer (tsf) -200 = Percent passing #200 I 4. Rock Cores Recovery = sum of core sample recovered divided by length of run, expresse0 as percentage_ _ RO0 (Rock Ouality Designation) = sum of core samp:e recovery 4' or greater in length divio_~d by the run. expressed as percentage _ - Project No. 0E90-002 PLATE NO: !4.: TERRA-~4AR. INC. -- DESO-OOP_ GENERALIZED SOIL PROFILE -- TEI::U:TA-Iv[AR PLATE 1 5 - I - OPTIMUM STABILIZATION ADDITIVE DETERMINATION Materiel Description' Grayish brown silty CLAY -- Location' Borrn~ 8-6' O' - 8' 80 i Ll~uld ~ ; 40- _ ~ LEGEND -- ~ ~0~ Limit ~ ; 0 Lime Stabilized _ D Cement Stabilized 0 I I I I 0 ~ 4 8 8 0 Z Stabilizing A~ent By Dry Weight - 60 ~ t I _ LEGEND o Lime Stabilized × ~ ~ 401 _ ent Stabilized -- ~ 0 0 ~ 4 6 8 0 -- z Stablllzln~ ^~ent By Dry OPTIMUM STABILIZATION DE~O-O0~ ADDITIVE DETERMINATION TERRA-WAR PLATE 16 OPTI~U~ ST^BtLIZATION AOOITIVE OETE~INATION ~terl~l O~$¢r~pt~on' O~rK ~r~y~h brown ~llt~ OLAY Location' Sub,fade Bulk Sample 80 LI¼uld ~ ~ Llmlt : / 40- LEGEND ~0 Limit o Llme Stabilized D Cement Stabilized 0 ~ I ; I 0 ~ 4 6 6 0 Z Stablllzln~ ^~ent By Dry Weight 60. I o Lime Stabilized × / 'o ~ Fl Cement Stabl[lzed _: 4o ?_0 - 0 0 2' 4 6 8 ]0 -- Z StablJlzln[~ Aj~ent B)' Dr)' Weight OPT[MUM STABILIZATION -- DEgO-OOZ ADDITIVE DETERM[ NAT[ ON TERRA -/~AR PLATE 17 - PROCTOR TEST REPORT es III II j Z.A.V'. rot z5 ] I I t 1 11 I I , . Xl I I~ __ ~0 ~S 30 35 40 4S ~OISIURE CO~IE~T ( __ 'Standard' Prootor.AST~ D 688 ~othod A TEST RESULTS 0pt ~mum ~ex. Dry _ S~mple Desor~pt ~on Liquid Plasticity ~olsture Dens~ty No. Ltm~t Index (z) (pot _ 1 Raw Sot I SS 3S 30 88 Z 6Z Ltme Adder ~ve 57 14 33 7S 3 6Z Cement Additive 55 Pro]eot No' DESO-O0~ ~erlal Desor~pt ~on- _ Projeot:.Ca~ewa~ Business Park Dark ~ray~sh beo~n silty OLAY Coppe 1.1 . Texas ( CH Sample Loc~t~on: Remarks-Sub,fade soil to,ether -- Sub,fade Bulk 5ampl~ ~ } wlth:[opttmum, stablltzatlon j Date: 1-30-S0 add~ t lve contents. TERRA-WAR PLATE 18 6BR TEST REPORT E 4°' I /I)/,li!l I! I I I I I I ~ i /1~ I, ! i II i I , I I i I I I I i /I/tt i i ! I ! I ' tll ii ! I ~ v/ I I i~I I I II~ I ' I I I t ~o t./I I I ~i I i I I I I I I, ! I I ! IVI i ~iil i~l Ii' l~i~ t/! I i I i~ll ~11,~1I!1 oftt ii, ~1 itl I !t II II 0 0.1 O.Z 0.3 0.4 0.5 PEffBTRATION ( ~n ) GallfOrnla'B~arln~ ~allo,~STt D 1883 ioidln~' Conditions ~ateplal Desonlp~lOn: Sampl~ ~o~stu~e D~y U~lt z ~ax. Dark ~a~lsh b~o~n slit~ CLAY No. Content ~lgh~ D~ GBR (Ra~ ~al~rial ) ( z ) ( per ) Densi ty RemarKs: Samples remolded at plus I 3Z 84 ~5 4.0 lz and plus 4z of optimum and at Z 34 84 ~5 5.0 ~SZ maximum dry denslty Pro jeer No: DE~O-O0~ TEST RESULTS Projeot:Gatewa~ Bus,ness Par~ Liquid Llmlt Coppell. Texas Plast~o~tj Index = 3g Location: Subgrade' BulR Sample Optimum Moisture Maximum Dry Density : 88 Date: 1-30-~0 T?PPA -UA~ PLATE 19 - I - GBR TEST REPORT -- 500 -- 400 -t l ii IJ I t I t I I I/~-I 1 I ! I , i J I ' ; 300 I I I I : I I I I/~ I I I I ~ . ~m zoo I ~!1/ I I I t I,I I I I II ~oo !//l i I [ I I I' ! I I i I I ! ! I I J i i I - /: !!~ I t I I I I I i I i i I I i I i 0 0.1 O.Z 0.3 0.4 0.5 PENETRATION (~n) ~ California Bearln~ Ratlo.AST~ D 1883 Moldln~ Conditions Mater~81 Description- _ Sample ~olsture Dr~ Unit Z ~ax. Dark ~raylsh brown silty CLAY No. Content ~el~ht Dry CBR 5tabl I lzed usln~ 6Z J lae ( z ) ( per ) Densl ty -- Remarks - '~ Samples molded at minus I 30 77 97 al .0 3z and plus 3z of optimum and a 3~ 76 96 Zl .0 _ 95z maximum dry density Project No DEgO-OO2 TEST RESULTS ProJec~-Gateway Business Park Llquld Limit = 57 -- Ooppell. Texas Plasticity Index Location- Sub,fade Bulk Sample Optimum Moisture = 33 z - Date: a-la-90 Maximum Dry Density : 79 pcF TERRA-NAR PLATE 20 6BR TEST REPORT 8oo I i ' I i ! I I I I I I......-'"fl I I i! i',~l III _~..-d~., . ' I il ; 6oo l i, Ii ,,-~ zoo I I ! I I I I t I i i I I I , ,,,,,i, I, t ~ I I I iI II I ~ I I I 0 0.1 0.~ 0.3 0.4 0.5 ~ESETRAT[O~ (tn) ~ cal~foen~a Bear~n~ Rat~o.AST~ D 1883 goidln~ ¢ondttlons ~aterlal Descrl?tlon- -- Sample ~olsture Dry Unit Z ~ex. Dark ~raylsh brown silty CLAY No. Content Weight Dry CBR modlfled usln~ 6Z cement ( z ) ( per ) Densl ty _ Remarks- Samples molded at minus I aS 8~ 100 45.0 3Z and plus 3z of optimum and at ~ ~9 8~ B5 41 .0 _ a5Z maximum dry dens~ty ProJect No: DEgO-O0~ T~ST RESULTS ProJect: Gateway Business Park Liquid Limit = 55 Coppell. Texas Plasticity Index : 16 Location: Sub,fade Bulk Saaple Opt Imum Moisture = ag z -- Date: Z-14-DO Maximum Dry Density = 8~ pal TE~A -~AR PLATE -=-- APPENDIX A RESULTS OF TOPSOIL ANALYSES AND RECOMMENDATIONS i. -AGRICULTURAL LABORATORIES OF MEMPHIS, 1NC, ~. Third St. · Memphis, TN 38105-2793 · [901) 527-27B0 SEND TO REPORT INFORMA'RON SEND COPY TO 'F R.':-.,'~'-: Date ~]1/'~919¢_, JOB - i:,EB~) [--.F. i '--- Dr;::;S Report No. .... Acc't NO. :' L I-J ,d ,':: .: R D 'f jmber. .,, SamPle ID '" LAND.~LAF ,.- RATINGS AMOUNT TEST FOUND Very Low J Low Medium High - Very High um 0q B79 Satts mmhos / cra .' ". :-.-'::7' (7.n) 3.8 · ' ~u,~ExchazyCeP._.apa~ S7.6 meq/'~OOg Ba.seSa~ratio. n: K 2. 6 % Mg S. S % Ca 94. Cb % Na 0. 1 ~PPLY H~LF OF THE RECOMMENDED FERTt~ IZER WHEN SPRING GROWTH D=GT~S Al,JO AGAIN IN MID-SUMMER SPREAD FERTILIZER UNIFORMLY OVER ~N AgER m,,.:END!NG ' ._ rLmh., . - · BEYOND THE BRANCHES. WATER THOROUGHLY AFTER APF'LIC~TION. FOR r"~'~ .... ~'~,~E INCORPORATE HALF OF THE RECOMMENDED FERTILIZER iNTO THE TOP 6 TO 8 I~C~ES OF SOIL PRIOR TO PLRNTING. ~DJUST FERTILIZER RATE AND TZMZN5 ~..~,¢ ..... ~ EXPER ! ENCE. -- THE SO]~ pH ;S TOO P, TGH FOR RC]D LOVZNG SHRU~S. ~PF'~Y 6 ~EE?OOf'~S OF ~_~, .... L SULFUR OVER ~HE 50IL OUT TO L8 ]NCHES _ INTO THE SOIL AND '~ATER THOROUGHLY. TEST AGAIN iN 4 TO 8 ~"~== PECOF:% NP.K!NG ADDITIONAL APOL!CATIONS. iF PLANTS SHOW iRON DEFiC!{)~C'"' ,~d~:PEF-: iEAb:{ ARE YELLOW BETWEEN THE VEINS), AF'PLY A FOLiA, R IRON S?JRCE ACCOF:DiiqG TO TN,~ MANUFACTURER'S DiRECT!ONS, A & L AGRICULTURAL LABORATORIES OF IV~EIVIPHIS 411 N. Third St, · Memphis, TN 38105-2723 · (90~) 527-2780 Tr, h':x: 5306,1',5 ROBI:::R'T' E. I) OSS L(]HB~RI)Y S A t'J I:;' L. J::: L ~ ]:l ~:' E e C: ~: J'J 'T' e [~: R C J:: J'J T F' E: R C E N T T E X T tlr A L I'.1T ]: F:' :l: C: A T ]' 0 N N U H B E: I:' S A I,I I) S :[ I... T C L A Y C L. A S S ]: F ]: C A T l 0 N :J. 1 ~, 8 8 4 :L 2 4 7 4 1 S I I.. T Y C L h Y 3 ] :L~813 16 43 41 SIL. TY (]L. AY APPENDIX B SPECIFICATIONS FOR DESIGN AND CONSTRUCTION Design Soil Parameters B1 Pavement Subgrade Preparation B1-B2 Railroad Subgrade Preparation B2 Lime Stabilization Requirements B2-B3 and Specifications Cement Modification Requirements and Specifications B3-B4 Crushed "Chico" Limestone Specification B4 Crushed Stone Base (subballast) -Specification B4 Reinforced Concrete Pavement B4 The following design parameters may be assumed for pavement and railway design: Subgrade Soil: Dark gray to grayish brown clay or silty clay, Classification by USCS: CH, -- Classification by AASHTO: A-7-6, i{ California Bearing Ratio (CBR): 4.0, Modulus of Subgrade Reaction (k): 120 poi, _ti Subgrade Modulus of Elasticity (Es): 1,250 psi, Stabilized Subgrade Modulus of Elasticity (E): 6,000psi, Ballast Material: Crushed "Chico" limestone, COG, -- Grade 4, Ballast Modulus of Elasticity (E): 15,000 psi, Subballast Material: Crushed Stone Base with Binder, THD ~-- Type A, Grade 2, Subballast Modulus of Elasticity (E): 6,000 psi. _ Pavement Subqrade Preparation Recommended earthwork construction and subgrade preparation procedures are as follows: 1. Remove all vegetation, organic topsoil, and any undesirable materials from the construction area. 2. Pavement and fill areas should be proofrolled to detect any areas of weakness. Proofrolling should be performed in accordance with Texas Highway Department Standard -- Specifications, Item 216, Proofrolling. Areas of weakness should be undercut to firm soil and recompacted. The proofrolling operations should be observed by an - experienced geotechnician. 3. Scarify the subgrade, add moisture if necessary and _ recompact to a minimum of 95 percent of the maximum dry density as determined by the Standard Proctor Test (ASTM D 698). The moisture content of subgrade soils at {he time of compaction should be from one to four percentage points above the proctor optimum value. 4. Fill required to bring the site to grade may consist of on- site soils or off-site inorganic soils with a plasticity index less than 40 and should be placed in loose lifts not exceeding eight inches in thickness and compacted as _ outlined above. 5. In cut areas, the soil should be excavated to grade and the _ surface s0il proofrolled and scarified to a minimum depth of six inches and recompacted Go the previously mentioned density and moisture content. Bi 6. Excavate and shape subgrade to final grade using the on- site clay soils or the equal, prior to additive treatment _ Sand should not be used for fine grading of the pavement subgrade. -- Railroad Subqrade Preparation It is particularly important to provide a stable non-yielding -- subgrade beneath the design rail section to achieve optimum performance. Any soft soil areas underlying the stabilized subgrade would allow excessive deflection of the rail section. Recommended earthwork construction and subgrade preparation procedures beneath the rail spur are the same as the Pavement Subgrade Specifications outlined above with the following exceptions. 1. The amount of subgrade deflection (pumping) that could be tolerated during proofrolling would be more critical for -- the rail spur than in the pavement areas. The amount of subgrade deflection that could be accepted would depend upon the depth of fill required along the alignment. 2. The moisture content for the subgrade and fill soils should be from minus three to plus one of optimum moisture. The compaction level should be a minimum of 98% Standard -- Proctor density. Lime Stabilization of Subqrade Soils Lime treatment of the clay soils should be accomplished in accordance with the applicable provisions of Item 260 of the _ Texas Highway Department Standard Specifications for Construction of Highways, Street and Bridges, 1972 Edition. Lime should be added to the subgrade after the removal of all -- surface vegetation and debris. Six percent hydrated lime will be required for stabilization of the clay soils. The required application rates of lime for depths of 6 and 8 inches are "- outlined below. Application Depth of Tzeatment Lime Required _ (percent) (inches) (pounds/square yard) ~ 8 47 ApproVal of final mixing operations should be based on fradation tests with at least 60 percent on a dry weight basis of the stabilized soil passing the No. 4 sieve at a _ moisture content near optimum. The lime stabilized soil should -- ] be compacted to a minimum ~ of 95 percent of the maximum dry '~ density defined by the Standard Proctor Test (ASTM D 698) at a ii moisture content within plus to minus three percentage points of ii optimum il Sand should be specifically prohibited beneath pavement areas, since these more porous soils can allow water inflow, resulting -- in heave and strength loss of subgrade clay soils. It should be specified that only lime stabilized soil will be allowed for fine grading. After fine grading each area in preparation for _ paving, the subgrade surface should be lightly moistened, as needed, and recompacted to obtain a tight non-yielding subgrade. The subgrade moisture content and density must be maintained until paving is completed. Cement Modification of Subgrade Soils Cement treatment of the clay soils should be accomplished in accordance with the applicable provisions of Item 270 of the Texas Highway Department Standard Specifications for -- Construction of Highways Streets and Bridqes, 1982 Edition. Cement should be added to the subgrade after the removal of al! surface vegetation end, debris Cement should be added only to that area where the mixing and compaction can be completed in daylight within 6 hours of application_ and in one continuous operation. Six percent Type I Portland Cement will be required for modification of the clay soils. The required application rates -- of cement for depths of 6 and 8 inches are outlined below. Application Depth of Treatment Cement Required -- (percent) (inches) (pounds/square yard) 6 6 8 47 Approval of final mixing operations should be based on gradation tests with at least 80 percent on a dr~f weight basis of the -- modified soil passing the No. 4 sieve at a moisture content near oPtimum. -- The cement modified soil should be compacted to a minimum of 95 percent of the maximum dry density defined by the Standard Proctor Test (ASTM D 698), at a moisture content within plus to _ minus three percentage points of optimum. Sand should be specifically prohibited beneath pavement areas, since these more porous soils can allow water inflow, resulting -- in heave and strength loss of subgrade olay soils. ii allowed for fine grading. After fine grading each area in il preparation for paving, the subgrade surface should be lightly -- moistened, as needed, and recompacted to obtain a tight non- yielding subgrade. --- The subgrade moisture content and density must be maintained until paving is completed. Crushed "Chico" Limestone Ballast Crushed limestone ballast should be composed of sound and durable hard rock particles from the Bridgeport, Texas area. -- The material should meet the specification requirements outlined in Section 2.1.8 of the 1983 Edition of the North Central Texas Council of Governments (COG) Standard Specifications for Public -- Works Construction. Standard crushed rock, Aggregate Grade 4, should be used. The ballast should be densified with compaction equipment prior to placement of the ties. Verification of densification should be based as visual inspection. Crushed Stone Base Subballast -- Crushed limestone subballast should be composed of sound and durable hard rock psr~icles and should meet the specification requirements outlined in Item 248 of the 1982 Edition of the -- Texas Highway Department Standard Specifications for Construction of Highways~ Streets and Bridges. Type A, Grade 2, should be used. The subballast should be compacted at plus to minus two percentage points of optimum moisture to a minimum of 95% Modified Proctor density (ASTM D 1557)- Reinforced Concrete Pavement Reinforced Portland Cement Concrete Pavement should consist of Portland cement concrete having compressive strengths of at -- least 3,000 psi or flexural strengths of at least 650 psi, depending on the selected section criteria and should be designed in accordance with the ACI Building Code 318 using 3% _ to 6% air entrainment. This concrete should be saw-cut at least one-eighth inch wide and 1.5 inches deep on maximum 15 foot centers (12 foot centers are preferable) in both directions as soon as possible after placement but before shrinkage cracks -- occur. The pavement should be adequately reinforced with steel and all construction joints should be provided with load ..... transfer dowels. It is recommended that, as a minimum, the -- reinforcement steel should be No. 3 bars placed on chairs on a maximum spacing of 24 inches each way. _ B4 __ APPENDIX B - CHANGE ORDER, PAY REQUEST, AND LIEN RELEASE FORMS CHANGE ORDER ';F,¢ Can:r;:: T;.-..e shzil be ir. cr:iscfl or (dc::::i'.cd) d2vs is i ::tu!: :~ :~: ',V:rk r:au~r:d in ~is Cz?.[:. A:I C:n::::: Sum Time -- This C~ ~r,~: ~ ~ To~I C~in~s :o Oi~ ~ A?PROV~D: Title APPROVED: O~t¢ . WAIVER OF LIEN-PARTIAL ,1992 TtIE STATE OF TEXAS }[ -.. _ COUNTY OF DALLAS TO AI,I, WHOM IT MAY CONCERN: -- Whereas, we the undersigned, , , have been employed by to furnish work pursuant to Contract or Supplier Purchase Order dated , 1992 for the Gateway Business _ Pa~k Phase IB project, City of Coppell, 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 claim or right to liens on said above described project and premi.qes under the 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 undersaid contract 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 materials placed upon and/or installed on the said project have been fully paid to date except for the mounts claimed 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, ff any, as set forth in the addendum attached hereto. _ Given under my hand this day of ,1992. BY: SUBSCRIBED AND SWORN TO -- before me this day of ,1992. NOTARY PUBLIC -- MY COMMISSION EXPIRES: FINAL RELFASE AND WAIVER OF LIEN -- THE STATE OF TEXAS COUNTY OF DAI.LAS For and in consideration of full payment made simultaneously herewith to the undersigned ('General _ Contractor~) (Name), (Title), (Firm Name) by (Entity) of all sums 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 Brookhollow Southeast project located on the real property in Dallas County, Texas described on Exhibit A attached hereto and by this reference made a pan hereof for all purposes, together with all improvements thereon (the 'Property'), the receipt and sufficiency of such full _ payment being hereby acknowledged, and with the knowledge that the owner of the Property and project,_ ('Owner') 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 claims 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, claims of liens, and charges of every character which General Contractor may now or ._. hereafter have against the Property, whether the same 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 flee and clear _ of all liens and lien claims of every character which General Contractor or any party acting by, through, or under General Contractor may now or hereafter have against the Property. General Contractor certifies, represents, and warrants that General Contractor has not and will not assign any claims for payment nor any fight to perfect any lien against the Property. General Contractor further certifies, represents, and warrants that 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 General 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, machinery, and/or - equipment placed upon or installed on the Property, other than the following: _ NAME OF PERSON OR COMPANY OWED: APPROXIMATE AMOUNT OWED: $ 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, _ claimq, 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 time be asserted against Owner or the Property by General Contractor or any other party whomsoever arising by virtue of and/or in connection with the furnishing of said labor, materials, and/or services _ furnished by General Contractor or by, through, or under General Contractor up to and including tl/e 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 (Name) - (Tree) (Company) CORPORATION OR PARTNERSHXP -- ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a notary public in and for said County and State, on this day _ pemonally appeared .(Name), (Title), of .(Finn Name), a (Type of Entity and State of Organization), known to me to be the person and ,_ (Officer or Partner) whose name ks subscribed to the foregoing instrument, and ~ acknowledged to me that he executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated and as the act and deed of said .(Type of Entity). GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,19 Notary Public in and for Dallas County, Texas -- Commission Expires - APPENDIX C- CONTRACT ADDENDA _ APPENDIX D - CONSTRUCTION DRAWINGS (ATTACHED SEPARATELY) APPENDIX "D" -- COVER SHEET D-1 - D-2 STORM SEWER PLAN/PROFILE - SOUTHWESTERN DRIVE D-3 STORM SEWER PLAN/PROFILE - FRITZ ROAD TO -- GRAPEVINE CREEK P-1 PAVING/STORMSEWER PLAN/PROFILE - FREEPORT PARKWAY AT 1-635 -- DA-1 DRAINAGE AREA MAP SC-1 SURVEY CONTROL EC-1 - EC-3 EROSION CONTROL NOTES AND DETAILS -- TC-1 TRAFFIC CONTROL PLAN