FOR IMMEDIATE RELEASE Contact: Adi Bryant, Executive Director of Communications 972-617-4013 or adi.bryant@redoakisd.org January 28, 2016 Update on Construction at Shields Elementary on Ovilla Road On December 26, 2015, Donald T. Shields Elementary located at 223 W. Ovilla Road in Glenn Heights, Texas, was damaged due to an EF-3 tornado, with winds speeds estimated to have been between 145 and 150 mph (Report from National Weather Service attached). The district took immediate action to set up a temporary school for the students and staff to attend this semester, located at 200 Live Oak Street in Red Oak. On December 27, the district began working with L.A. Fuess Engineering, the engineer for the 2008 construction, and representatives from Corgan & Associates, the architects for the school project, to assess the damage and evaluate the safety of the building for entry by the volunteers waiting to help with the cleanup. On December 30, the district was first contacted with questions about the quality of the construction of the exterior walls at Shields Elementary. Until this inquiry, the district had received no reports of poor workmanship, nor had any issues arisen with the building that would have prompted an evaluation. As part of the district’s efforts to restore the building and assure the students’ future safety, Red Oak ISD requested a formal inspection of the entire campus by Corgan and Fuess. Following the inspection, Fuess prepared a preliminary report of the overall damage to the building and repairs, which would be necessary to assure a safe facility. The report confirmed that the steel roof framing on the building (beams, joists, columns and vertical bracing) showed limited instances of damage and appeared to be in good condition, and that the load bearing reinforced concrete walls on the north side of the building had sustained no damage. Several areas of roof decking, the gymnasium, and the west wall of the kitchen were reported to have sustained substantial damage. The majority of the HVAC rooftop units had been destroyed when they blew off the building roof, with some causing damage to the building. Fuess concluded that while the damage was substantial, it appeared that the building could be repaired and rebuilt as a safe facility for the students. Fuess observed in their report that various lengths of the perimeter non-load bearing metal framed walls had fallen away from the steel roof structure. At his recommendation, a third-party engineer, Lavi & Associates, was immediately contracted to evaluate and provide a report to Red Oak ISD regarding the design and construction of the walls, which had fallen away from the building and the associated steel structure to which they were attached. Lavi & Associates’ preliminary report was delivered to Red Oak ISD on January 11, 2016 (Report from Lavi & Associates attached). Mr. Yoosef Lavi, P.E., the engineer who prepared the report, conducted limited field observation, reviewed the architect’s performance specifications, the engineered shop drawings (prepared by Lalonde Engineering, Inc.), the applicable code requirements, the construction of the walls and their connection to the building frame. Mr. Lavi reported that the engineered shop drawings were in general compliance with the performance specifications provided by the architect, and were consistent with applicable building code requirements, including those for wind load. The engineer concluded however, that some aspects of the exterior wall installations performed by Ratcliff Constructors and/or their subcontractors, deviated from the shop drawings and specifications provided; specifically the sizes of the fasteners and manner of their installation. The engineer concluded that these elements contributed to the failure of the walls. On Tuesday, January 12, 2016, Red Oak ISD received a response to the Lavi & Associates report from Lalonde Engineering Inc., the engineering firm which originally prepared the engineered shop drawings for the walls in question. The letter provided additional information regarding the selection and approval of the fasteners used by Ratcliff, and commentary regarding the deviations cited in the Lavi Report. Mr. Lalonde’s letter suggested that the force of the storm may have played a larger role in the wall failure than the deviations cited in the Lavi Report, reasoning that the tornado, as rated by the National Weather Service, could have created actual wind pressure load on the walls, two and a half times greater than the code required design force. On January 14, 2016, the district’s investigation continued as a team from Corgan & Associates, Lavi & Associates, L.A. Fuess, Ratcliff Constructors and Wiss Janney Elstner Associates (engineers for Ratcliff Constructors) began the process of cutting holes in existing exterior walls to visually inspect the wall fasteners at issue. Additional engineers and insurance representatives for the various contractors involved joined these parties on site at Shields Elementary the following day. Red Oak ISD formally met with Corgan & Associates representatives on January 19, 2016 to discuss next steps and continues to keep an open dialogue; however, Ratcliff declined the invitation to attend the January 19 meeting. On January 20, 2016, the district received an additional report from Lavi & Associates, which concluded that of 12 sites or walls inspected on January 14 none had fasteners which were installed in compliance with manufacturer installation guidelines. Specifically, Lavi & Associates found that the fasteners did not fully penetrate steel framing as required by the manufacturers installation guidelines. “The information the district now has suggests that the failure of some of these exterior walls may have been caused, at least in part, by the contractor and/or its subcontractor’s failure to install the connecting fasteners in accordance with the approved specifications. Our students, staff, parents, community and district taxpayers deserve the very best in their schools. These deviations from the specified plans are unacceptable for Red Oak ISD. The district will do whatever is necessary to address these issues, and any other construction quality issues, if any are revealed, as we rebuild our school. The responsible parties will be held accountable,” said Red Oak ISD Superintendent Dr. Scott Niven. Facts, timelines, reports and documents are on the following pages. Facts on Donald T. Shields Elementary School: Donald T. Shields Elementary was built in 2008 and was completed in 2009. The General Contractor for the Shields Elementary construction was Ratcliff Constructors, L.P. Ratcliff Constructors constructed no other campus in Red Oak ISD. No issues with the construction quality at Shields Elementary have been reported to the district since it opened. The Shields Elementary building passed all final inspections by Bureau Veritas, the inspection provider required by the City of Glenn Heights. A certificate of occupancy was issued in August 2009. Bureau Veritas has not returned calls from Red Oak ISD through the date of this press release. Ratcliff Constructors subcontracted the construction of the non-load bearing exterior walls to Walker Drywall, Inc. Phillipe Lalonde, P.E., of Lalonde Engineering Inc. prepared and sealed the shop drawings for the non-load bearing exterior walls at Shields Elementary. The architect for the 2008 Shields Elementary Project was Corgan & Associates, which was hired to provide overall design and prepare performance specifications for various aspects of the building (including the non-load bearing exterior walls). The engineer hired by Corgan for the 2008 Shields Elementary Project was L.A. Fuess. Cadence McShane is the construction company selected by the district to rebuild and complete any/all repairs to Shields Elementary on Ovilla Road. Cadence McShane was also the General Contractor for Red Oak High School. Timeline of Important Dates: December 26, 2015: EF-3 tornado damaged Shields Elementary December 27, 2015: Engineers from L.A. Fuess were on site to determine that the campus was safe for entry by the volunteer cleanup crews. The building was cleared for the volunteer cleanup crews to begin work. December 30, 2015: Red Oak ISD was contacted with questions about construction quality of Shields Elementary. December 30, 2015: Red Oak ISD requested a report and inspection of construction quality from L.A. Feuss and Corgan & Associates. Subsequently, a 3rd party engineering company was hired for the report. That company was Lavi & Associates. January 8, 2016: L.A. Feuss issued a report on the overall sustained damages to the school, which is attached at the end of this press release. January 11, 2016: Red Oak ISD received report from Lavi & Associates, with results of its initial inspection and review, which is attached at the end of this press release. January 12, 2016: Red Oak ISD received a response from Lalonde Engineering Inc. that addresses the Lavi & Associates Report. - - January 14, 2016: At the request of Red Oak ISD, a team from Corgan & Associates, Lavi & Associates, L.A. Fuess, Ratcliff Constructors and Wiss Janney Elstner Associates (WJE are the engineers for Ratcliff Constructors) began the process of cutting holes in existing exterior walls to visually inspect the wall fasteners. January 15, 2016: Additional engineers and insurance representatives for contractors were on site at Shields Elementary on Live Oak. January 19, 2016: Red Oak ISD and Corgan & Associates representatives met to discuss next steps. Ratcliff Contractors declined the invitation to attend. January 20, 2016: Red Oak ISD received an updated report from Lavi & Associates recapping the visual inspection of exterior walls that was conducted on January 14, which is attached at the end of this press release. AT PRESENT: Red Oak ISD is seeking formal recommendations with regard to correction of the exterior wall deficiencies. Documents Attached: National Weather Service Report from December 26, 2015 Statement from Ratcliff Constructors on January 4, 2016 Statement from Corgan & Associates on January 5, 2016 L.A. Fuess Report from January 8, 2016 Lavi & Associates Report from January 11, 2016 Lalonde’s Response to Lavi & Associates Report on January 12, 2016 Lavi & Associates Report from January 20, 2016 Contract Between Red Oak ISD and Ratcliff Constructors from January 2008 Contract Between Red Oak ISD and Bureau Veritas from September 2008 Certificate of Occupancy from the City of Glenn Heights from August 2009 Final Inspection Report from Bureau Veritas showing Passed for C/O from July 2009 9 9 ramscw-Nm'smm (- rm .EIDLOTHIAN IOVILLA I HEIGSTS RATIHG: EP-J ESTIMATED PEAR 145-155 MPH PATH LENGTH 8.5 HILES PATH HIOTH 125 YARDS PATALITIES: INJURIES: START DATE: DEC 26 2015 START TIRE: 601 PM CST LOCAOIOR: 5 HIDLOTHIAN I ELLIS I TEXAS END DATE: DEC 26 2015 END TIRE: 613 PM CST END LOCATION: GLENN HEIGHSS I DALLAS I TEXAS THIS TORNADO PRODUCED A LONG AND PATH SROR JUST NORTHEAST OP MID-HAY REGIONAL AIRPORT NEAR MIDLOTHIAN TO THE BORDER OF DESOGO AND GLENN HEIGHTS. THERE HERE SEVERAL RITE TO SEVERAL H0325 SUSSERING HALL FAILURE DAMAGE. CBURCHES AND ONE SCHOOL SUPPERED EXTENSIVE DAEABE. ita? CONSTRUCTORS LP January 4, 2016 RE: D.T. Shields Elementary School To Whom It May Concern, On January 4, 2008, Ratcliff Constructors, LP entered into an agreement with the Red Oak Independent School District to construct the new D.T. Shields Elementary School in Glenn Heights, Texas. The building construction was completed on July 27, 2009. On December 26, 2015, the school was damaged by a tornado that traveled through the City of Glenn Heights. There have been public accusations that the construction means and methods used to construct the building were inferior and not within industry standards. Ratcliff Constructors, LP strongly disagrees with these allegations and ?rmly believes the D.T. Shields Elementary School was constructed in accordance with the plans and speci?cations (Contract Documents) provided to us. In that regard, Ratcliff was provided with engineered metal stud shop drawings that support and con?rm the design intent of the plans and speci?cations which was based on ASCE 7-05 wind design (90 MPH). This set of stamped and engineered shop drawings details the attachment method to be used in connecting the metal stud system to the concrete slab and the steel structure. All exterior and interior wall construction was inspected and approved by a third party inspection ?rm at numerous intervals throughout the construction process. No drywall or wall sheathing was installed until after Ratcliff received written approval from the third party inspection ?rm verifying the metal stud framing system was properly installed. To date, we have seen no of?cial report by any engineer or firm regarding their post-tornado ?ndings that indicate otherwise. Our thoughts and prayers go out to everyone who has been affected by the tornados in the area. Ratcliff Constructors, LP will cooperate with the Red Oak and the City of Glenn Heights but strongly disagrees with the statements being made that the damage to the school was caused by inferior construction. Sincerely ax Yo ng Presiden 4200 BELTWAY DRIVE TX 7500! - PI IONE (972) 432-9969 FAX (972) 432-9943 CUHGAN ARCHITECTURE INTERIOR DESIGN 401 North Houston Street Dallas. Texas 75202 2147482000 CORGAN.COM January 5. 2016 Red Oak ISD Dr. Scott Niven Superintendent of Schools 109 W. Red Oak Road Red Oak. TX 75154 Re. Shields Elementary School Damage - Red Oak Independent School District Dear Dr. Niven: First of all. we at Corgan would like to express our sincere relief that there were no injuries at the elementary school during the recent tornadoes and severe storms. It is our understanding that over 200 homes were damaged or destroyed in the Ovilla. Glenn Heights and Red Oak areas; and the nearby Ovilla Road Church of the Nazarene was completer destroyed. Our thoughts. and we think those of all Dallas. have been with your communities and families affected by the devastating storms of December 26?? As you are aware. Corgan was the architect for the Donald T. Shields Elementary School building design. As a part of our services Corgan prepared and issued a performance specification to the contractor for the metal stud wall framing assembly. This is an industry recognized process in which the contractor chooses a speci?c acceptable framing system manufacturer and then engineers and constructs a wall framing system based on that manufacturer's components to meet applicable code requirements and other criteria set out in the performance speci?cation. With this performance speci?cation in hand. an independent engineer was selected by and contracted through the contractor. Ratcliff Construction. to design and seal the detailed design drawings for the metal stud wall system for this school. The metal stud wall assembly was permitted per applicable Glenn Heights? building code processes. at the time it was constructed and installed by Ratcliff Construction and its sub-contractors. Further. the metal stud wall framing assembly was inspected for conformance with building code requirements by an independent third party inspector retained by the District for building inspection services as required by the City of Glenn Heights. As you know. our team has been working diligently with the Red Oak Independent School District team over the last week to assess and understand the damage caused by the tornado and to develop a plan for reconstructing this school after this tragedy. The priority is to get the children back into Shields Elementary School and back to their routine soon. Thus far we understand that the school took a direct hit from what has been classi?ed in multiple articles to be somewhere in the range of an EF1 to an EF3 tomado. meaning winds of up to 155 mph. The metal wall framing assembly. if designed to applicable code and the performance speci?cation should sustain up to 90 direct winds. The roof top units on the classrooms wings were ripped from their mounts and rolled across the roof and into the parapet wall. There was also a large vehicle which was lifted by the storm and tossed into a wall of the 5 January 2016 school. At this time. we understand that the pressure of the units being throw into the parapet wall and the sustained winds of the tornado may have both contributed to the wall failure While we will defer to the structural engineers involved in this project to further discuss the forces in play and structural capabilities of the school, there were obviously extremely powerful winds and resultant forces generated by this storm. Again. we are very thankful that there were no injuries. Our investigation with you is continuing. but we wanted to give you our most current information to help with your communications to your district and community. Corgan looks fonlvard to helping Red Oak 180 move forward through this tragedy and to getting the children back to their school. Sincerely. Steve Hulsey. AIA Principal L.A. FUESS PARTNERS, INC. Structural Engineers Page 1 of 8 Project Red Oak Independent School District Shields Elementary School 200 Live Oak Street Red Oak Texas 75154 Attn Steve Hulsey ASSOCiates . I 401 Houston Street WALTER R. . us INGRAM Dallas. Texas 75202 r; 53130 as; - it 9* ?01 31203 $1 '96. 4! 846889 Report By Walter R. Wllcox. PE . 6?9: Eustaafi S. Sue Ingram, PE ?gou? ?9 Report Date January 8, 2016 "b I. 9? Subject Shields Elementary School - Storm Damage We are writing to report the findings of our visual evaluation of the condition of the building structure at Shields Elementary School (circa 2009) that sustained damage due to a tornado on December 26th at approximately 6 pm. Building structure reviewed includes steel roof beams, steel roof joists, steel columns, vertical steel bracing, steel roof deck, and load bearing reinforced concrete masonry walls. Visual reviews were conducted on the mornings of December and 29?? with some limited access and visibility due to various levels of debris. An additional visual review was completed the morning of January 6 after the majority of the debris had been removed inside and outside the building. General Observations of damage: A. The tornado moved from the southwest to the northeast generally. The south and west sides of the school sustained the most damage from wind and debris impacts. Adjacent building structures were heavily damaged to the southwest and northeast of the school. B. In general the steel roof frame (steel beams. steel joists. steel columns, and vertical steel bracing) are in good condition with no visible signs of damage with the exception of items and .l below. C. No damage is visually apparent to the load bearing reinforced concrete masonry walls on the north side of the building. D. Approximately 1.300 square feet (two bays of roof deck) is damaged or missing in the fourth grade wing (west wing of the southern portion of building). In this area approximately ten 3333 Lee Parkway Suite 300 Dallas. Texas 75219 Tel 214.871.7010 Fax 214.969.0065 TX L.A. FUESS PARTNERS, INC. Structural Engineers Page 2 of 8 steel roofjoists are damaged beyond repair and require replacement. See photos #4 and #5 and Floor Plan #2 for location. E. Roo?ng and steel roof deck is damaged in multiple areas. Roof decking is punctured or connections damaged in a few areas. See Floor Plan #2 and #3 for locations. F. The gymnasium parapet along the north wall (load bearing reinforced concrete masonry) and the kitchen west wall at the north end has damage at one location where a portion of the brick veneer fell, separating from the masonry wall. G. Several stand alone exterior pre?manufactured canopy members are broken, bent, and deformed. See photo #1 for an example. H. At classroom wings in four locations. various of perimeter exterior non-load bearing cold formed metal framed walls with brick cladding have fallen away from the building frame. See Floor Plan #1 for locations and photos #3 for examples. I. A majority of the roof top units (approximately 33 of 40) were displaced from their original locations, many blown off of the roof. The units are reported by the Contractor to be separated from their curbs. with curbs still in place and anchored to steel roof structure. J. One displaced roof top unit passed through a perimeter wall above the low roof adjacent to the main entry. coming to rest on the floor inside the building. The tube steel brace member in the wall between the low and high roof at this location may have been damaged but was not accessible for evaluation due to debris and interior ?nishes still in place. See Floor Plan #3 for location. Structural Repairs and further evaluations anticipated: 1. Structural Steel Frame: After completion of interior cold form metal framed wall demolition, condition of vertical braces, roof framing members, and connections will be visually con?rmed one final time for any possible damage needing repairs. 2. Steel roof joists and roof decking replacement is needed in two bays of the fourth grade wing (west wing of the southern portion of building). See Floor Plan #2 for location and photos #4 and 3. The roof deck adjacent to the perimeter walls per item H. above show signs of distress due to wind uplift. Replacement is needed for some portion of roof deck in these areas. In isolated areas throughout the building existing roof deck will likely require reattachment to steel roof support members prior to the replacing the roo?ng. A ?nal evaluation will be completed once ceiling tiles are removed to allow visual and physical access. 3333 Lee Parkway Suite 300 Dallas, Texas 75219 Tel 214.871.7010 Fax 214.969.0065 TX L.A. FUESS PARTNERS, INC. Structural Engineers Page 3 of 8 4. Roof top unit support frames: To be assessed for localized damage once ceiling tiles are removed. Photo Montage Photo #1 Example of exterior .. canopy damage m. I. Photo #2 Example of exterior non-load bearing wall damage - location is at south classroom wing - west wall 3333 Lee Parkway Suite 300 Dallas, Texas 75219 Tel 214.871.7010 Fax 214.969.0065 TX L.A. FUESS PARTNERS, INC. Structural Engineers VA an! r1 Page 4 of 8 Photo #3 Example of exterior non-load bearing wall damage - location is south side of Kindergarten classroom wing (northwest wing) Photo #4 Example of fourth grade classroom wing (west wing of the southern portion of building) steel roof joist and roof deck damage 3333 Lee Parkway Suite 300 Dallas, Texas 75219 Tel 214.871.7010 Fax 214.969.0065 TX L.A. FUESS PARTNERS, INC. Structural Engineers Page 5 of 8 Photo #5 Example of fourth grade classroom wing (west wing of the southern portion of building) steel roof joist and roof deck damage 01/06/2016 3333 Lee Parkway Sulte 300 Dallas. Texas 75219 Tel 214.371.7010 Fax 214.969.0065 TX L.A. FUESS PARTNERS, INC. Structural Engineers Page 6 of 8 Floor Plan Yellow highlight: approximate locations of exterior non-load bearing cold form metal framed walls that have fallen away from the building 3333 Lee Parkway Suite 300 Dallas, Texas 75219 Tel 214.871.7010 Fax 214.969.0065 TX L.A. FUESS PARTNERS, INC. Structural Engineers Page as, 8X55 Floor Plan Light blue highlight: approximate area of roof joist and steel roof deck damage approximate areas of roof deck needing connection repair a: . 59.0055 L.A. FUESS PARTNERS, INC. Structural Engineers Page 8 of 8 Floor Plan Highlighted in yellow are locations of brick that has fallen away from the building In "Jill'- is the location of roof top unit that penetrated the wall above low roof circle is localized steel roof deck damage likely from storm debris 3333 Lee Parkway Suite 300 Dallas, Texas 75219 Tel 214.871.7010 Fax 214.969.0065 TX ASSOCIATES, L.P. CONSULTING ENGINEERS 10300 N. CENTRAL Exewv. SUITE 322 DALLAS. TEXAS 75231 USA PHONE (214) 340-0049 FAX (214) 340-0067 EMAIL ylavi@laviengineering.com January 11, 2016 Mr. Steve Hulsey Corgan Associates 401 N. Houston Street Dallas, Texas 75202 Re: Shields Elementau SchoolI Red Oak ISD- Tornado Damage Dear Mr. Hulsey: We are writing to report our visual evaluation of the exterior non-load bearing cold formed metal framed walls with brick Veneer cladding that have fallen away from the building main structure due to a tornado on December 267?. Photo 1 depicts the location of these walls, and photo #2 is the examples of the extent of damage. Our report is based on photographs from December 27'? through 29?1 furnished to us by LA. Fuess Partners, Inc. Structural Engineers. and our visual reviews conducted on the morning Of January 6, after the majority of the debris had been removed. In this report we will briefly discuss the wall construction used for the exterior non-load bearing walls and their connection to the building frame. We will also review the engineered Shop drawings for the exterior framing, and compare it to as built construction. Finally we will review photographs of the exterior condition and render our opinion. Typical _Erxterior Construction: Exterior wall construction consist of typical brick veneer and cold formed steel studs, and exterior Sheathing, which have been used in this type buildings for many decades. (Photo 3, and 4 for examples).These wall panels typically attached to building frame using Power- actuated fasteners. Since these non-load bearing walls only supporting the weight of exterior, and interior sheathing, and lateral load from wind, or seismic loads anchor bolts, or any structural bolts are not needed for connection Of these walls to the main structure, and are not typically used. Review of Engineered Shog Drawings: Exterior metal stud Shop drawings were prepared, and stamped by Philippe Lalonde, P.E. dated December 18, 2008 as required by the contract drawings. In review of these shop drawings, and their accompanied calculations, it appears to be in general compliance with loading specified in the construction documents dated October 29, 2007 which are consistent with code requirements. Shields Elementary School January 11, 2016 Page 2 of 16 Engineered Shog Drawings VS. Observed actual installation: Based on our limited ?eld observation, review of photographs, and comparing the as built condition to engineered shop drawings we found the following discrepancies. (Items speci?ed below may not be the only discrepancies observed). Wall Panel bottom tack attachment to concrete slab: Drawing: (1) 0.145" dim. Hilti X-DNI fastener WI 1-1/2" embedment into conc. 16" 00. Min. edge distance required Allowable shear 378 lbs. lfast. Installed: (1) 0.125" dim. Ramset power-actuated fastener 3/4" long (If installed properly will yield 5/8" embedment) at 8" to 12" spacing. Min. edge distance required Allowable shear 94 lbs. lfast Fasteners were installed anywhere from 1.5? to 2? from concrete edge which will reduces the capacity. Additionally as can be seen in the photographs #5 through #9 some of the fasteners did not have proper embedment or edge distance. Wall oanel attachment to roof edge anole: Drawing: Verticlip SLB 600 or equal with (2) #12-12 Screws to stud (2) Hilti 0.145? Hilti X-EDNI to steel edge. Min. fastener spacing required Allowable Tension 675 lbs. lfast. Installed: Verticlip SLB 600 with (3) #12-12 Screws to stud (3 to 4) 0.125" dim Ramset power-actuated fasteners to steel edge angle. Min. fastener spacing required Allowable Tension 239 lbs. lfast. Fastener were installed anywhere from 1/4" to 1" cc. which will reduces the Capacity further. In some locations screws connecting the clips to the studs did not appear to be installed (See photos #10, #11, and Additionally as can be seen in the photographs #10-13 some of the fasteners did not have proper embedment into steel angle or proper edge distance, which may have caused connection failure. comm?sing .3 eadr-awimgss aregard -to==fasteners-rused: .Easten?'rs EDI. [?19131- Jlne; sizes-specified ?lms _shop;.drawimgs;' . aboverin-reombirra?o? -to.:failur.e ofc-these-walls; Shields Elementary School January 11, 2016 Page 3 of 16 We reserve the right to amend or supplement this report as new information is provided or learned. Please do not hesitate to contact our office should you have any questions, or require additional information. Sincerely, Mag/- Yoosef Lavi, P.E. YL YOOSEF LAW ?7 - I 1- Texas Firm Number: F-2384 flaw-5.. 59858 I - Shields Elementary School January 11, 2016 Page 4 of 16 Photo 1: Yellow Highlight shows approximate location of walls fallen away from building Shields Elementary School January 11, 2016 Page 5 of 16 Photo Example of exterior non-load bearing wall damage. Shields Elementary School January 11, 2016 Page 6 of 16 Photo Example of Exterior wall construction EEMPE TIHl'l.ll' ?Jru. 'vl iiv'lh mm _Lfry21Mil: 1 I 3.- wzrv? .. . . Maxim" .. I I 4 MNMI NONE. h! .111 4/17/92 _2.1 F.9urn 5 Typ. al Buck Vanna! and HI 5: .d Panel V5111 Photo Shields Elementary School January 11, 2016 example of base connection using power-actuated fasteners. Anchor bolts not re quires for this type of construction. 809-07 30 November 1998 . Em? Lon. ave roofed _l ?1%ch ARMY CORPS 0F 5393.1 Minimum Mr spam? Jw .. ill}- I i: T. i 1. 2.3.2 71m:"3471 73/92?? Mofsfure Her I .. In amng board r274 .. 53:5; Vamr rcforrfor Tm location Wm 5mg" as sar?ied EH . 80nd break Grove! . . *4 4? minimum {Weep {vies E) Pd'or. .. - I: (mam) - - -. - {readjoinf vents) - . . Com. ?oor; amt). . Iy/ ?:00 struc .dwgs rm (:0va w/mor'fur t?gf/r?? . . for thickness and or_ grout up to waders! reinforcing of mm wa? Hashing - . Mofsfure -- no! banger . shown for dorky . . . "in-:T?hru Wolf Iashimemu-1 ?2 -1 mwomu VENEER To sum sum slug any; Gyp. wow board Steal stud - 8cm insufa?an WALL FUJHUAT Wall SFCIIOH Figure 6-8 Masonry Vunoar Stool Stud Panel Wnll. Foundation Wuli Souliun (5-9 Page 7 of 16 Shields Elementary School January 11, 2016 Page 8 of 16 Photo Example of Power-actuated fasteners not properly penetrating concrete slab and too close to concrete edge?54va 5'I'Shields Elementary School January 11, 2016 Page 9 of 16 Photo Example of Power-actuated fasteners not prOperly penetrating concrete slab and too close to concrete edge. Conditions like this was consistent through the failed walls. Shields Elementary School January 11, 2016 Page 10 of 16 Photo Example of power-actuated fastener not installed properly. Proper installation would have shown plastic guidance washer totally ?attened For proper penetration into concrete. Shields Elementary School January 11, 2016 Page 11 of 16 Photo Another example of fastener too close to edge of concrete. Shields Elementary School January 11, 2016 Page 12 of16 Another example of fastener too close to edge of concrete. This was consistent thorough failed walls. Photo Photo #10: Shields Elementary School January 11, 2016 Page 13 of 16 Example of improper clip installation, it appears the power-actuated fasteners Hardly penetrating the edge angle. It also appears that stud in this location was not attached to the clip. Also fasteners spacing were less than minimum. 01/06/2016 Shields Elementary School January 11, 2016 Page 14 of 16 Photo #11: Another example of studs not being attached to clips which may have added additional load on adjacent connections. 01/06/2016 Shields Elementary School January 11, 2016 Page 15 of 16 Photo #12: Example of fasteners not having enough penetration into edge angle. Fasteners installed too close to edge of punch-outs . . . uni?. . .. /h_6/2016 Shields Elementary School January 11, 2016 Page 16 of 16 Photo #13: Example of improper installation, and not enough fastener penetration Into steel causing connection failure. Missing screws from clip to studs. a. Lalonde Engineering Inc. I 06171ch Burl Road I?hul?it? 817 .lUT-t-l2li? Fax 3 I'Idll "0.1 11305 TGIJS Enn?] Ln? can] 1l12l201 6 Job No. 081042 Rawson Shop Drawings Attn: Mike Rawson 5849 Bridal Trail Fort Worth, Texas 76179 DT Shields Elemetary Steel Stud Submittal Calculations Mr. Rawson, It has been requested of me to provide a response to the report issued by Lavi Associates, LP. on January 11, 2016 regarding the damage observed by Yoosef Lavi, PE. and assessed in his report. It is the purpose of this letter to provide comments regarding aspects found within that report and the generally known facts regarding this incident. It should be known that have not been to the site to observe the damage and can provide no insight beyond what has been documented thus far. I am only offering commentary on the Lavi report. It should be noted ?rst that the National Weather Service has issued a rating for the tornado that affected the school. have attached it to this report. The basic wind speed that was required for code design is 90 per the 2003 International Building Code which was used for this design in 2008. The tornado has been rated by the NWS as an EF-3 with wind speeds estimated between 145 150 mph. The basic wind pressure calculation given by ASCE-7 is a fuction of wind velocity squared. A simpli?ed ratio of actual wind pressure to design wind pressure can be found by squaring the actual wind speed of 145 and dividing by the square of the design wind speed of 90 mph. This results in a factor of 25957 or roughly 2 1/2 times the design pressures. Based on this assessment it is fair to say the actual wind pressures were well above the design wind pressures. This should be considered when evaluating how the construction of the school performed during this tornado event. lMthin the report there is a reference to the use of RAMSET T3 pins for connecting the base track to the concrete slab instead of X-DNI fasteners. This was allowed as an alternate and is documented in the attached letter and details provided to the client at the time the alternate was requested. The shear reactions for the wall studs in question were analyzed using 2008 reported values for the T3 pins. The values that appear in the 1nfEI inf} Lavi report appear to be from the 2015 ESR-1955 report for Ramset T3 pins. These are less than the HILTI values. The anchors do provide greater shear resistance. The Ramset anchors were not designed as a full replacement of the HILTI anchor values but were calculated to resist the actual force reaction from the stud calculations. The values from the initial analysis of the alternate Ramset anchors in 2008 show adequate capacity in shear to resist the reactions of the studs at the code design levels. The minimum edge spacing mentioned by Lavi appears to be from the 2015 ESR report noted above. The connection of the stud to the roof edge angle is accomplished by a clip angle with screws to the studs and anchor pins to the steel angle. The reaction of the stud at the roof according to the studs calculations for 1/82 on the submittals is 348.5 based on the design code loading. The Lavi report appears to use the 2015 ESR-1955 report for Ramset T3 pins to provide an allowable tension load of 239 per pin. It also shows that his observations account for three or four pins per clip instead of the two speci?ed. Using 3 pins times the allowable load of 239lbs per pin provides an allowable total load of 717 which exceeds the actual reaction force of 348.5 lbs. This is a factor of safety of 2.05. It is likely that the spacing of the pins at less than the 1" minimum speci?ed in the ESR-1955 report will reduce the effective resisting load but there is no adjustment factor provided in the ESR report to reduce the load. It is unclear what the actual resisting load would be when factored for the closer spacing but it would have to be more than a 50% reduction to reduce the effective resisting load below the actual design calculated reaction. The anchor pins being pulled out of the concrete in tension is not surprising. The manner of failure appears to be that the wall studs broke free of the roof attachment and rotated down to the ground. This action would provide a vertical prying force on the base track pulling the pins out of the concrete. The studs are roughly 14 feet tall and would be acting as a 14 foot lever arm compared to the approximate 3 inch distance from the edge of track to the pins. This is a force multiplier of 56 when comparing the lever arms, similar to a hammer prying out a nail. It is unclear how any pin could adequately resist such a loading condition. \Mthin the Lavi report there is an observation that in some locations the screws did not appear to be installed from the clip angle to the studs. It is not veri?ed that the clip angles directly match a stud with no screws for attachment. It is common for the clip angles to be pre-installed to the steel edge angle at 16 inches on center spacing. When the wall is erected the studs may have been relocated due to the occurrence of jambs at openings. The clips are then installed to the studs and edge angle in the new location of the stud and the pre-installed clips are abandoned in place. Based on photographs, I cannot verify if this is the case for the photos provided in the Lavi report. only offer this as a possible explanation as to why clips are present that do not appear to have screws to the studs. Further observations 2an EDIE: coordinating the location of the clips at the roof edge angle to studs in the wall would need to be completed before a direct correlation could be made regarding the lack of connection screws. This has been a brief response and commentary on the Lavi report. The purpose was to provide explanations and commentary to the areas of the report that Lavi refers to as deviations. Further analysis would be required to provide conclusive determination of these issues. It is again prudent to remember the rating of the tornado by the NWS and the possible increase in actual wind pressure loading of 2 V2 times the code required design force that this tornado would have provided to the structure. . If you have any questions then please contact our of?ce. 0F Sin ?49 y, z: 0.5 Digitally signed by 5 "mul?ignE O?de cont-coo a. on. on cod a DN-cn=PhiIIppe Lalonde.o. ou. . emall=plalonde?lalonde I ?it :7 . I, -- 'Date:201601.123333325150111 f"I 99$? Philippe Laloride, P.E. hummus" President THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY PHILIPPE LALONDE P.E 39364 (cor: F- 7978) ON January 12 2018 3o?! Inf! National Weather Service START LOCATION: END DATE: END TIME: END LOCATION: 3 SULPHUR SPRINGS HOPKINS TEXAS DEC 26 2015 5:34 PM CST 2 SULPHUR SPRINGS HOPKINS TEXAS THIS TORNADO WAS OBSERVED AND PHOTOGRAPHED BY TRAINED SPOTTERS. .MIDLOTHIAN GLENN HEIGHTS RATING: ESTIMATED PEAK WIND: PATH LENGTH PATH WIDTH FATALITIES: INJURIES: START DATE: START TIME: START LOCATION: END DATE: END TIME: END LOCATION: EF-3 145-155 MPH 3.5 MILES 125 YARDS 0 DEC 26 2015 601 PM CST 5 MIDLOTHIAN ELLIS TEXAS DEC 26 2015 613 PM CST GLENN HEIGHTS DALLAS TEXAS SURVEYHSUMMARY: THIS TORNADO PRODUCED A LONG AND NARROW DAMAGE PATH FROM JUST NORTHEAST OF THE MID-WAY REGIONAL AIRPORT NEAR MIDLOTHIAN TO THE BORDER OF DESOTO AND GLENN HEIGHTS. THERE WERE SEVERAL HOMES WITH DAMAGE TO SEVERAL HOMES SUFFERING WALL FAILURE DAMAGE. CHURCHES AND ONE ELEMENTARY SCHOOL SUFFERED EXTENSIVE DAMAGE. .SUNNYVALE GARLAND RATING: ESTIMATED PEAK WIND: PATH LENGTH PATH WIDTH PATALITISS: INJURIES: START DATE: START TIME: START LOCATION: END DATE: END TIME: END LOCATION: EF-4 170?180 MPH 13 MILES 550 YARDS a 1+ DEC 26 2015 6:45 PM CST SUNNYVALE DALLAS TEXAS DEC 26 2015 7:02 PM CST LAKE RAY HUBBARD RCEKWALL TEXAS data Page 3 of5 1/12/2016 Lalonde Engineering Inc. ?rst? Holt ttnurl t'huni Furl ?runh? 76 L15 rt-Il'. 1/9/2009 Job No. 081042 Rawson Shop Drawings Attn: Mike Ftawson 5849 Bridal Trail Fort Worth. Texas 76179 Re: OT Shields Dear Mr Rawson, The it" RAMSET Traktast T3 pins are appropriate for this application and have been provided tor this project. The spacing of these pins shall average 10" on center along the track. ll the RAMSET Trakiast T3 pins are provided by the contractor at an average spacing oi 10" on center then the proiect will be in general compliance with the design and contract documents.This means that the track should have the following amount 01 pins per 50 inch length along the track: 50" 5-pins Should the number of pins within 50" be less than 5 then the contractor shall add pins as necessary to meet 5 pins in 50 inches requirement. Sincerely, Te *r Lalonde. P.E. PHILIPPE J.LALO DE RE. No 89364 "mi President -. 89364 Laluntlv [Engineering Inc. Sofa CONT. TRACK WI (2) RAMSET 3/4" PINS AT 16" 0.0., 4" BETWEEN PINS REFER TO 8: WALL SECTION (6) RAMSET 3/4" PINS AT JAMB, 4" BETWEEN EACH PIN REFER TO 02IA06-02 I .II I. WALL ECTION The seal appearing on this document was authorized by PhiIippe J. Lalonde. 01/08/2009 P.E. 39364 on Jan. 03, 2009. DATE DRAWN BY M.W.R. CHECKED BY P.L. PROJECT No. 08-051 Ramon QhOp Drawings ALTERNATE FOR TRAKFAST RAMSET PIN DONALD T. SHIELDS ELEM. ?4'33? SCHOOL - RED OAK ISD GLEN TEXAS 232-2862 FAX mrawson@rawsonshops.cam (4) RAMSET 3/4" PINS AT JAMB, 4" BETWEEN EACH PIN EL. 100'-0" REFER TO WALL SECTION (4) RAMSET 3/4" PINS A AT JAMB, 4" BETWEEN EACH PIN EL. 100'-0" REFER TO WALL SECTION was authorized by Philippe J. Lalonde. mmamoog P.E. 89364 on Jan. 08. 2009. Rawgon Qhop Drawings ALTERNATE FOR 3l4" TRAKFAST RAMSEI PINS 331wa By DONALD T. SHIELDS ELEM. 325335351 033'; SCHOOL - RED OAK ISD M34 mrawsonCQ-awsanshopscam GLEN HENRI-H, TEXAS (4) RAMSET 3/4" PINS AT JAMB, 4" BETWEEN EACH PIN EL. 100'-0" A REFER TO WALL SECTION CONT. TRACK We? (2) RAMSET 39'4" PINS AT 16" QC, 4" BETWEEN PINS r) 39354 REFER TO Whoa .-: - . (on. WALL SECTION I'llf?gidrIAL The seal appearing on this documenl was authorized by Philippe J. Lalonde. AX 01/08/2009 P.E. 89364 on Jan. 08. 2009. DATE 012'0812009 DRAWN BY M.W.R CHECKED BY P.L PROJECT No. 08-051 Rawson QhOp Drawings ALTERNATE FOR 3/4" TRAKFAST RAMSET PIN DONALD T. SHIELDS ELEM. ?4335" SCHOOL - RED OAK ISD GLEN HEIDI-IT. TEXAS 232-2862 FAX mrawsan??lrawsonshapsmm LAVI & ASSOCIATES, L.P. CONSULTING ENGINEERS 10300 N. CENTRAL EXPWY. SUITE 322 DALLAS, TEXAS 75231 USA PHONE (214) 340-0049 FAX (214) 340-0067 EMAIL ylavi@laviengineering.com January 20, 2016 Mr. Steve Hulsey Corgan Associates 401 N. Houston Street Dallas, Texas 75202 Re: Shields Elementary School, Red Oak ISD– Tornado Damage Dear Mr. Hulsey: We are writing to report our visual evaluation of the connection of slotted clip to 3x3x1/4” structural roof edge angle. On January 14, 2016 we observed a total of 12 location as shown in photo #1. These areas where consisted of approximately 30” x 30” removal of exterior sheathing and roofing material on the backside of the parapet. In these 12 areas we were looking for fastener penetration through the backside of the edge angle which is required for proper installation of power actuated fasteners. Following are the summery of our observations.  In all of the 12 areas selected for observation, none of the fasteners had full penetrations as can be seen in photos #2, and 3, and are not in compliance with fastener manufacturer installation guides.  In some areas studs were not connected to the main structure, therefore the adjacent connections may be overloaded. Photo #4  In several areas where multiple studs were used for jamb studs, they were not connected together as required by design. Photo # 5 Observation was limited to these 12 areas, however we believe these conditions may be typical through the other areas also. Please do not hesitate to contact our office should you have any questions, or require additional information. Submitted by: Yoosef Lavi, P.E. YL/fl Texas Firm Number: F-2384 Shields Elementary School January 20, 2016 Page 2 of 6 Photo # 1: Areas circled in red show approximate location of observed areas Shields Elementary School January 20, 2016 Page 3 of 6 Photo #2 Fasteners not fully penetrating the edge angle Shields Elementary School January 20, 2016 Page 4 of 6 Photo #3 Fasteners have not penetrated the edge angle as required for proper installation. Shields Elementary School January 20, 2016 Page 5 of 6 Photo #4 Stud not connected to structural edge angle Shields Elementary School January 20, 2016 Page 6 of 6 Photo #5 Stud not connected together at window jambs tnlt. Document 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULA TED SUM AGREEMENT made as of the 4g day of Win the year of Win (In words, indicate day. month and year) BETWEEN the Owner: (Name, address and other information) Em?! ID..I l'Ritterd. and the Contractor: (Name, address and other infomeran The Project is: (Name and location) W132: The Architect is: (Name, address and other infoman'on) WM Witness 19W The Owner and Contractor agree as follows. This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document Amt-1997, General Conditions at the Contract for Construction. is adopted in this document by relerence. Do not use other general conditions unless this document Is modilled. This document has been approved and endorsed by The Associated General Contractors of America. NA Document -1ee7. copyright byThe Amedcan institute oi Arum-es. NI rights meow WARNING: This Document Ia ptotocled by 11.3. Copyright Lea: and International Treaties. Unauthettxed motion or dislrihinion at this AM Doewnenl, or anyI portion at It. may result in seven civil and criminal penalties. and will he pteaeculed to the maximum extent possible undo! the law, This doeummt was produced by MA software at 0825:06 on cameos under Order No.1000327358_2 which expires on 1m M003. and is not let resale. Ueer Nam: 07125.0000 New Shields Eisnentary School - [1320993485] 1 2 THE WORK OF THIS COMMCT The Contractor shall fully execute the Work described in the Contract Documents. except to the extent speci?cally indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COHMEHGEIIENT AND SUBSTANTIAL COMPLETION 53.1 The date of commencement of the Work shall be the date of this Agreement unless a di?'erent date is stated below or provision is made for the date to be ?xed in a notice to proceed issued by the Owner. (Inter! the date of commencement if it dtfers?orn the date afthis Agreement or. t'fappitcabie. state that the date will be?xed in a notice to proceed.) In I. . I If. prior to the commencement of the Work. the Owner requires time to ?le mortgages. mechanic's liens and other security interests. the Owner's time requirement shall be as follows: I ms 5 3.2 The Contract Time shall be measured from the date of commencement. In" NA Document 1007. Copyright endl?i?l byThe American Institute at meets. All rights ram Ale' Document to protected by U5. Copyright Law end International Treaties. Unauthorized 2 reproduction or distribution at lhie NA Document. or any portion at It. may result In severe civil and nrimln at penalties. and will be prosecuted to the I mexlmurn extent possible under the law. This document was produced by MA eottwere at 08:26:05 on 0304:2000 under Ordet No.1000327350_2 expires on 11l10l2000. end Is not tor resale. Ueer Notee: 071250000 New Shields Elementary School - Retell" {1320003400} 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement. or as follows: (Insert number of calendar days. Alternatively. a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portion: ofthe Work.) I Portion of Work Substantial Completion Date . subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions. if any. for liquidated damages relating tofor'ltrre to complete on time or for bonus payments for early completion of the Work.) ARTICLEJ CONTRACT SUI 5 4L1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor?s performance of the Contract. The Contract Sum shall be W6 J, subject to additions and deductions as provided in the Contract Documents. In?. NA noomnent - 1007. Copyright 1907.1001 and1907 by The American lnatilule ol Architects. All reserved. This All Document in protected by LLS. Copyright Lent and International Trentlee. Unauthorized a reproduction or dietrlbutlon or this Doetnnent. or any 01 it. may reeult In severe civil and criminal and tell] he pron-creed to the maximum extent poselhle under the law. This document was produced by MA software at 08:37:02 on 0304:2003 under Order No.1000327353_2 expires on 11l1012003. and [e not lor resale. Ueer Notes: 0712511000 New Shields Elementary School - Hetclill (3423422486) 4.2 The Contract Sum is based upon the following alternates. if any. which are described in the Contract Documents and are hereby accepted by the Owner: (State the waiters or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement. attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Aim?immunm 562-000 Wont Pods. Ntstaatc 3 Entrainment": nod 1mm .. - -21nil-ti "v for Porto Cochere. . 1L.- 5 4.3 Unit prices. if any. are as follows: Description Unite Price (5 0.00) l, D??gl gig]; (gig gaging), Ling Ft 12" magma" 2 I 1 ?0152 z, Q??jng gl??g? pigs. Linea; El 12" mg new! 52.8.5.0 ME aw ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certi?cates for Payment issued by the Architect. the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. I 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. or as follows: 5 513 Provided that an Application for Payment is received by the Architect not later than the may of a month, the Owner shall make payment to the Contractor not later than the Jj?Lday of the month. If an Application for Payment is received by the Architect after the application date ?xed above. payment shall he made by the Owner not later than Wt days after the Architect receives the Application for Payment. I 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Conn-actor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule. unless objected to by the Architect. shall be used as a basis for reviewing the Contractor's Applications for Payment. 9 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5 5.1.5 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: In". NA Document - 1007. Copyright 1001 and 1007 by The American institute oi Architect; All right. nun-0.1. This AIA Document is protected by 11.8. Copyright Law and International Treatise Unauthorized 4 reproduction or distribution oi this AM Document. or any portion at it. may result In severe citrli and cite-tine! penalties. and will be promoted to the mulmum silent gullible under law. This document was pounced by AIA runners at oceans on calcareous under Order No.1000327350_2 men expires on 11t10t2000. and is not tor resale. User Hotel: 071250000 New Shields Elementary School - Hatcllil (1320003400) a! g, .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values. less retainage of menu 5% Pending ?nal determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of ALA Document MOI-1997: .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or. if approved in advance by the Owner. suitably stored off the site at a location agreed upon in writing). less retainasc of Mt 52L): .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts. ifany. for which the Architect has withheld or nulli?ed a Certi?cate for Payment as provided in Section 9.5 of AIA Document A201-l997. 55.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modi?ed under the following circumstances: .1 Add. upon Substantial Completion of the Work, a sum su?cient to increase the total payments to the full amount of the Contract Sum. less such amounts as the Architect shall determine for incomplete Work. retainage applicable to such work and unsettled claims; and Section 9.8.5 of AM Document 997 requires release of applicable retainage upon Substantial Completion of Work with content of surety, if any. .2 Add. if ?nal completion of the Work is thereafter materially delayed through no fault of the Contractor. any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-l997. Reduction or limitation of retainage, if any. shall be as follows: (If it is intended. prior to Substantial Completion of the entire Work. to reduce or lirnit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) an 5 Except with the Owner?s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5 5.2 FINAL PAYIENT 5 5.2.1 Final payment. constituting the entire unpaid balance of the Contract Sum. shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor?s responsibility to correct Work as provided in Section 12.2.2 of AIA Document AMI-1997. and to satisfy other requirements. if any, which extend beyond ?nal payment; and In? AIA Dot-tumult -1007. Copyright 1061.1963.1957.1074.1077.1m7. 1051 end 1997 hyThe American Institute oi Noltitecle. All tighte re . Thle Occult-amt la protected by us. Copyright Law and International Treellee. Unauthorized 5 tlp'ldiil?i?n or distribution at this Docuan or any portion at It. may result in severe chill and criminal penalties. and will be promoted to the I maximum extent possible under the law. This document was produoed by MA software at 08:26:00 no 020412000 under Order No.1000327358_2 which entire: an utterance. and Is not let resale. Ueer Netee: 07125.0000 New Shields Elememary School - Helclill 6320993480} Inlt. .2 a ?nal Certi?cate for Payment has been issued by the Architect. ?5.2.2 The Owner?s ?nal payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's ?nal Certi?cate for Payment, or as follows: ARTICLE 0 OR 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-l997. ARTICLE 7 MISCELLANEOUS PROVISIONS 57.1 Where reference is made in this Agreement to a provision of MA Document A201-l99?7 or another Contract Document. the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 57.! Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below. or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon. if any.) (Usury laws and requirements under the Federal Truth in Lending Act. similar state and local consumer credit laws and other regulations at the Damer?s and Contractor?s principal places of business, the location of the Project and elsewhere may afect the validity of this provision. Legal advice should be obtained with respect to deletions or moch?cations, and also regarding requirements such as written disclosures or waivers.) The Owner?s representative is: (Name, address and other information ?g [.53ng 3mg; BIvgjI I 71 The Contractor's representative is: (Name, address and other information) E. 5 7.5 Neither the Owner?s nor the Contractor's representative shall be changed without ten days written notice to the other party. NA Bantam! lulu-1007. Copyright 91915.1910. 1901. 1903.1967.1074.107?. 1007. 1001m10?7 hyThoAmulcan We cl Meets. All rights noun-.1. wanumo: THI Document to protected by 0.3. Copyright Law and International Trestle: Unauthorized 6 rmduc?on or distribution at this AIA Document. or an? portion at It. may reoull In never- er0 Ind cut-mm pundit". and will be promoted to the max. mum extant pooslblo under the law. document was produced by AIA software at 0023206 on under Order No.1000327358_2 expires on 1010:2008. and Is not tor resale. (1320993435) U08 Nola: 071250000 New Etunentary School - Retell" 7.8 Other provisions: Complain 197T.1997.1991md1997bymm" In?- Insmute at meats. All right. mun-1. WARNING: This All. Doom-Item II protected by 5. Copyright Law and International Treaties. Unauthorlzed 7 motion or o! tltla AM Document. or any portion at It. may result in severe and and will be prosecuted to the I maximum extent possible under the law. We document was produced by ALA software at 0326118 on MOB under Order No.1000327356_2 which expires on t1r1ul2llua.endle not lor resale. Ueer Notes: 071253000 Newr Shields Elementary Sol-rool - Flatoli? (1320993496) 71] fih 'clinclu i 1' CW 1: nth: 'eciutil In?. NA 000mm - 1007. D1015.1010.1025. bfTha American Wu 0! Nahum All ran-11.1. WARNING: This MA Ducumanl ls prolecled by 1.1.3. Copyright Law and tantalum-I Treaties. Unauihurlnd 8 introduction at 0131103011911 0111:]: All Beaumont. or any panics-I at 11. may result In saver: civil and criminal pun-luau, and will be pal-scaled In the 1 maximum extant possible under the law. This dummy? was induced by AIA aniiware a1 1:020:05 on was under cider which explm on 1111102000. and Is not let resale. Um Nola: 071250000 New Shidda Elementary School - Raid"! 11320993406) -1 A Mm; -5 Retain all mej?miect and for one mthereafter: .6 Notifv the Owner in writina bv certi?ed WM 3 i 122$. 28 TAC 5 Hanan) ARTICLE I OF CONTRACT DOCUMENTS The Contract Documents. except for Modi?cations issued after execution of this Agreement. are enumerated as follows: 5 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor. AIA Document MW l.1.2The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, ALA Document 5 - .a . 58.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manuel dated 22 and are as follows In" AIA Document 1997. Copyright 01915.1818.1925. 1937.1951.1358. 1961,1963. 1967.1?4.1577. 1087.1?iu1d19l7byTheAmeticm We at Al'oilitecis. All rights emu-n1. WARNING: This Document is protected by 5. Copyright Law end international Treaties. Unauthorized 9 reproduction or distribution oi lhis AIA Document. or any portion of it. may result In severe civil and criminal penalties. and will be prosecuted to the 1 maximum extent possible under the law. This document was produood by ALA eoiturere at 08:28:08 on was under Order Noim?j which expires en mi M003. and la not tor resale. User Notes: 071253000 New Shields Elementary School - {1 320993486} hum-? Till 1 6 mm Win: 11 Wanner: Wm l?i. IHI. 1H3. 1M1WJHL ?If. 1H1 munan ll Hull]. ?14 WARNING: This MA Document In praisch by 1.1.5. Copyllum Law and International Truths. Umulhotlud or cl IN: All. Document. at any partial! 0! il. may run" In may civil and minim! panama}. and will bl panacqu In Iha maximum eltem undo: Iha Iaw- mum-nann- mum-m umm Mn 1mm and unfair-Iii. Um hl't. All in?. 1m. ?61. IH-I, 1m. I'll imam? mm ?lm WARNING: Th1- ls pmloclod mi 11.8. Law and Munitions! mqu umw or distribuuon 01 this AIA Documenl. or any portion at ll. may ruull In seven civil and criminal ponnl?n. and will be mm In the maximum extent possible under the law. 1M: Hm all mull hr All. I man: an Ink! Elli-It ?lm imam-uh l?t?l'l'?ll. 11m 11 I mm Ml??u i??w Il?l. IE. 1:1. I?l. 1H3. :m1m+1m.1m.1m. 1-31 w1mnmm madam-m ?throw-"1. 1'11]: All. Documenl In maleclad by US. Law and 1: [motivation or at this AM Omani. at any nation cl Il. may tuull In men dull and penalties. and um bu momma! In i: maximum ulam possible under the law. 1m mun-um HMMEWHM an 1mm ?Irma I'll-um me- ?mm 1 amnmuqm+ww Irma. ma. 1H5. . 1m. It?. um. nu. 1m. 1m, 1m. Inn. illt nu 1m 111nm rm II WARNING: This MA Document In: by 11.8. Can-right Law and lulunl?llonal Tanks. Umulhollud 1a "pram-par dlwibmlon at Ihh MA Documml. or any patina at u. may result?: mm civil and min-ulna! Mullins. and will be pmuculul In tho mlulmum maul po?lhb undor "It in. ?Wm Illumination ?Ilium 1mm lull- nu hunk. "m END OF MENT 8.1.5 The Drawings are as follows, and are dated Wordless a different date is shown below: (Either list the Drawing: here or refer to an exhin (washed to this AgreememQNIL HQBIZQNIAL QQN BQL QIVIL 35!: IN NA PLAN 92 QIEIL QBAQINQ PEN ?g AREA MAP PLAN WING mm WI. 5951.91 5 I 3395595 3N9 Ami-m 5393 EQ I HEAL ?lT? PLAN W5 . TYP - TYP AQZ-QJA ELQQB ELAN - A 592-913 ELAN - a 592-919 ELQQB ELAN - 593-9] A BEELEQTEQ QEILJNQ PEAN - A 503:9] BEELEQ ED QEILINQ PLAN - I IL NA Daemon! -199?. Mule 01 Ardilecu. All rln-hls meg. This AM Documenl ls proleeted by us. Copy?ghl Lu and lnlemellonel Treaties. Unauthorized 14 When or of this AIA Dooumenl. or my pullers of It. my rssull In seven I:le! and and will be welcomed lo extent possible under the low. dooumem wee produced by MA sallwere at 08:20:05 on 0210412000 under Order No.1000327353_2 which expires on 1m 012008. and II not for resale. User Holes: 07125.0000 Newr Shields Eternontety School - Hatc?? (1320003408) TH - El VAIN Agg-Qg EXTERIQR VATI 325-95 EXTERIQR ELEVATIQNS Tl $15.95 QANQPY ngTIQu ANQ gag-9g gem; wag; 592-92 INTEBIQB A - NT I REL VATI - TINA A NIH TIN 5&9: El?lstl ELQQB ELAN - 5E9 I IQN . - TI A10-O1C FURNITURE PLAN - SECTION 0 In?. NA Down.? 8101'" Copyright 01i15.1913. was. 1.037. 1951. ?Why'l'hlknadcln Instant: ol Afc?'locu. Alli-Ing rel-rug. WAFINM: TH: AM Document ll proloclcd by US. Law and Ummhorlud 5 rapruducuon or dilulbullon 0! ml: All Domenltown In main civil and admin! pal-lawns. and Mil be prosecuted In lb. 1 maximum extent possible under the law. documom was produced by MA sonwm 062636 on 0304:2003 undor Ordot No.1000327355 2 whloh expires on 11!1ut2006.andla noI Ior mm. User Notes: 071250000 NEW Elammlary School - Haldl? (1320993436) lull. Al I MASONRY . 1 TYPI . A Pl AL TEE Al 35.9; DE 54.01 Numb? 11110 Data 55.F1103 ROOF PLAN AREA 32.9] AIL MEP HA Mt! 1.919 MEQHAMQAL ELAN ABEA - - A Mt! 1.03 MEQEANIQAL BEE PLAN - ?ags 3 . {53 {.915 FLma ELAN - ABEA 5 . TFII PLAN - AM :2 1,92. ELEQTR - MM an MC SYMBOLS AND DETAILS TH AI NA Document 4997. hyTho Modem Imam. 9 Mm mm. 1'11!- Dacumml is pol-clad by 1.1.8. Copyright Lu? and International Truths. Unoulharuod 16 animation or diurlhmion o1 1111: NA Dominant. at any podlm or II. my total! In sumo civil and admin-Ill Mullins. and will be your:qu Io lha maxlmum extent possible under the law. This dowmenl was produced by AIA smote 91 0923:06 on 0210412009 under Order No.1000327359_2 which expires on 1111012009. and in 110110! rude. U901 Nails: 071253000 New Elmanw'y School - Fluid?! (1320993488) lnlt. OWN (Signature) ?1 CONTRA PL 5.112 Al AN HE PL 5% PQJMEINQ Fll??FlF5193 PQN WM E?j? 5:31p: ELEQ PLAN VI TI PLAN 1 Al PLAN RV AIL 5 3.1.5 The Addenda. if any, are as follows: Number Dete Pages Portions of Addenda relating to bidding requirements are not pan of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 58.1.7 Other documents. if any, forming part of the Contract Documents are as follows: {List here any additional docwnents that are intended to form part of the Contract Documents. AM Document 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Butters. sample forms and the Contractor ?8 but are not part of the Contract Documents unless enumerated in this Agreement. Huey should be listed here only if intended to be part ofthe Contract Documents.) This Agreement neutered into as of the day and year ?rst written ohm 1 1 'l [31'1" s! .I il.? s. '1 l'Ei.? .l ldlli .l 1'51 (Signatur7/ {Printed name and title) L?s! an'nte H. NADoeuI-nent mum-1m. Copyright byThe Ween Institute 01 All rlgl?e WARNING: Document le protected by U5. Copyright Lew end Interaction-l Treaties. Unauthorised 17 reproduction or dletdhutlon at this an Beaumont. or my portlon at It. may result In nevere dull and crimlnel end will be grounded Io Ihe mexlmum extent poeelble under the law. This dowment was produced by MA software at 0826318 on women under Order expires on nuances. and Is not for resale. Ueer Notee: 07125.0000 New Shields Elementery School - (1320993486) EEC kink? ?An 1/28/2008 Shields Elementary - Site Items for Relocation Allowance Item Scope Amount All site demolition. clearing. grading, building pad preparation 8. lime stabilization. As shown on sheet 0-12 - Slit fence, hay bale dikes. construction entrance. inlet Sm: t; Control protection. Erosion Control 30.30000 Lime Stabilization $50,100.00 Engineering 50.500 00 Concrete Demo and Haul Oil 311.700.00 Clear. Grub. Strip 3. Stockpile 311.200.00 Cut a Fill 546.300 00 Soil Conditioning at Pad $50,000.00 Select Fill a Pod 550,010.00 Haul in Borrow Material $15,500 00 Fine Grade ior Paving $3,000.00 Respreed Topsoil 335.000.00 Excavation Sula-total 305500.00 Storm drainage system - including outlet structure. headwalls. rip rep. inlets, pipe I. iiumes. Sanitary sewer system - including manholes. piping. ?ttings and Water system - including tire hydrants, all PVC sleeves. valve boxee.water service assembly. FDC. water service line. lire line, meter vault. detector check. Irrigation Sm: UTIUTJUS service, wot tap. $322,004.00 Landscanmq P. All landscape and irrigation ll shown and specified on L201, L102. L331 8 L332 $157,500.00 Mohair. Link Fence as shown on son-10 s13.asr.oo Pnu umcm Maris i [1(le All Pavement Makings as shown on Sheet C-E. traffic signs and wheel stops 54.010.00 Manna retaining walls as shown on 1.01 835.290.00 All concrete walks as shown on L1.01 [exterior Basketball Court not included} Includes mow strip at chain link fence and all paving as shown on sheet 0-5. All Walkn. Light Putt! Buses; concrete light pole bases as shown on Approaches 821330.00 5' Paving 558,102.00 6" Paving 3284.942 00 7" Paving 51.00000 Monolithic Curb 513 770.00 Handicap Ramps 52.550 00 Salt Finish 57.005 00 Sidewalks 3115.110 00 Mow Strip sa.3rs.oo Light Pole Bases $2300.00 Site Concrete Sub-total $51?956 phone utility at property line. Racawevs to marquee sign. conduit a wiring tram Fir ri-r 1 slim mriull, Silo panel to marquee sign. Conduit a wiring forslte lighting, site light poles at. ?zturu. Pnlt- l. (l ?Il1n rqmumi Croatian Of poles seeding including thereof. Excavation. backfill t'ml-l 211p. and l: rum-r} compaction. All excavation equipment, fuel. BIC. $94,211.00 marrow-?immanent: "More Sidewalk Joint Sealants $8,370.00 Total Site Amoth i Lb Dumpster Enclosure - Foundation. Wall and Gates Traffic Gales Exterior Basketball Courts Transformer Pad Bicycle Racks Canopies Flag Pole a Ughting Grease Trap Porto Cochera Bollards Marguee Signs (moneys. conduit and power included in electrical site costs) Temporary Fencing 047.5" DI. Bond No. 929425295 DOCUMENT 00610 PERFORMANCE BOND THE SIATE OF TEXAS WOWAILMEN BY II-IESE PRESENTS: COUNTY OF ELLIS. THAT we, RATCLIFF L.P., 14901 Quorum Drive, Suite 715, Dallas, TX 75254 as Principal, and CONTINENTAL CASUALTY COMPANY, CNA Plaza, Chicago?60685 a hereafter as uni Re 0 'l ns??h??z?d?m??mm eih??a rincipal's contractwirhthenamed Obligee, forthepaymmtofwhich mm the and themselves, their heirs, executors. edminisontore and successors, jointly and severally ?rmly by these presems. WHEREAS, the cipal has entered into a written contract dated hum 4- 2003 with Obligee named, to do an perform certain plane. speci?cations, oondi?ons and other contact documents. all of which are by reference made a part hereof. New Shields Elementary School, Glenn Heights, Texas, CAI Project Number; 071210000 NOW, THEREFORE, the conditions ofthis Obligation is such dutif the Principal perform all of the won-kin accordance with the plans, speci?cations. general conditions and. contract documnnte, and 311211 faith??ly perform each, every and all other dons incumbent upon him endeaveharmleasthe Obligee from all costs, expense and which'itmay suffer or incur because of Prin el'a doing: fadnre' so to do, then this obligation shall bevoid, otherms' it shallremainin force an . . In the event Principal shall defaultin the faith?ilpecformauce of the work called for by said written contract; plane, ecl?cadons and. contract documents, the Surety shallwithin 15 dny? of the determination default decennined as provided in said contact, gent-:11} condi?ona and contract documents) take over an name lr?on of said contract, orwidain such 15 dnypetiod make ?other attmgemmte satis?actory with the Ohligee for completion of the Contact; and said Surety shall become entitled thereupon to the payment 0: bene?t of the balance of the contract price as the same roam according to its terms. The Surety, for the protection of the Obligee herein, waives notice oi and hereby consents to any subsequent modi?cation or alteration both in the work to be performed by the Principal. and the consequent rice or some to be paid by the Obligec, as well as any other or amendment, addition or don in the contract documents during the pro can of die including but not limited to all extensions of time or other indulgencee pennittegthe Principal. Notwithstanding any other provision, the liability of the Surety on ?ne bond than never exceed the peohl sum stated in ?rst paragraph. chool 29 camber 2007 00510.1 cam-1125,0000 l?l Bond No. 929425295 PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and cos that no change, extension of ?me, alteration or addition to contract, or to the work performe thereunder, or the plans, speci?cations, drawings. etc, accompanying the more, shall in anywise a?oat its obligation on this Bond, and it does hereby waive entice of any such change, extendon of time, alteration or addition to the tenure of the contact, or the work to be pedomed Meander. This Bond shall automatically be increased by the mum: of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemenml Agreement which reduces the Contract prices decrease the penal sum of this Bond. This Perfonmnce Bond is given in compliance with the terms and provisions of Chapter 2253 of the Texas Government Code, and this bond and all of the provisions herein contained shall be 5:11er for the protection of the named Obligee which has awarded the content referred to. The undersigned; Corporate Surety, does by the execution of this Bond solemnly warrant and represent that iris duly authorized to do bushess in Texas, and that the agentlisted below is authorized to receive notices and service of process for any arising under this Bond. Executed this 4th day of February . 20 03 i2?; RATCLIFF LPP?nde 9 1/ idem A 10ml ?8 *0 POW-1 ?3 CONTINENTAL CASUALTY 3015;; . COMPANY Sunty Ma?a, 1M. Br4%__ Title Bert uiberteau. In. Attomey-In-Fact The Resident Agmt of the Surety low, Texas, for delivery of notice and service of the process is: (NOTE: Date of Performance Ban must be date of Contact. Ifkesidmt Agentis not a corporation, give a person's name.) - Nels/IE: James P. Dervin ADDRESS: 7116 Blackwood Drive, Dallas, TX 75231 (NOTE: Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give nperson's name.) NOTE: 1. This bond must be payable to the awarding authority, Red Independent School Disuict as the named obligee, and it must be approved as form by such awarding authority. 2. This bond mast be ?nished before anyworltis commenced. 29 Oktober 2007 00610-2 CAI 07125.0000 Bond No. 929425295' 3. Smety must be wont: surety duly au?mdzerd to do business in Tens. 4. This PERFORMANCE BOND must be in the full momt of the contract which it am. 5. Amch Power ofAttomey from Coipomte Surety no this Pm Bond. END OF DOCUMENT 29 October 2007 00610-3 CAI 07125.0000 POWER on And APPOINTING INDIVIDUAL Know All Men By These Presents. That Continental Casualty Company. an Illinois corporation, National Fire Insurance Company of Hartford. a Connecticut corporation. and American Casualty Company unloading. 3 corporation (herein called ?the CNA Companies"). are duly organized and existing corporations having their principal o?ices in the City of Chicago. and State of Illinois, and that they do by virtue of the signatures and seals herein af?xed hereby make. constitute and appoint Stephen Cory. Pamela Tucker, Melanie Stern. Bert Gulberteau Jr. Individually of Metairie. LA. their true and Iawiirl with hill power and authority hereby conferred to sign. seal and crrecute for and on their behalf bonds. undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as hilly and to the same extent as if such instruments were signed by a duly authorized of?cer of their corporations and all the acts of said Attorney. pursuant to the authority hereby given is hereby rati?ed and continued. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof. duly adapted. as indicated. by the Boards of Directors of the corporations. In Witness Whereof. the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seal: to be hereto a?ixed on this 25th day of August. 2005. Continental Casualty Company National Fire insurance Company of Hartford American Casualty Company of Reading, Michael Gengler 7 Sen Vice President State of iliinois. County of Cook. ss: On this 25th day of August. 2005. before me personally came Michael Gengler to me known. who, being by me duly sworn. did deposc and say: that he resides inthe City of Chicago. State of Illinois; that he is a Senior Vice President of Continental Casualty Company. an corporation. National Fire Insurance Company of Hartford. a Connecticut corporation, and American Casualty Company of Reading. a corporation described in and which executed the above instrument: that he knows the seals of said corporations; that the seals af?xed to the said instrument are such corporate seals: that they were so af?xed pursuant to authority given by the Boards ofDirectors of said corporations and that he signed his name thereto pursuant to like authority. and acinrowledges same to be the act and deed of said corporations. vv?uvv-v-?-- - - - vu- i 5E may Va box-aw My Commission Expires March l5. 2009 Maria M. Medina Notary Public CERTIFICATE 1. Mary A. Assistant Secretary of Continental Casualty Company. an illinois corporation. National Fire insurance Company of Hartford. a Connecticut corporation. and American Casualty Company of Reading. a corporation do hereby certify that the Power of Attorney herein above set forth is still in force. and further certify that the By-Law and Resolution of the Board of Directors of the corporations painted on the reverse hereof is still in force. in testimony wotbe?eof i have hereunto subscribed my name and af?xed the seal of the said corporations this day or February ,2 Continental Casualty Company National Fire insurance Company of Hartford American Casualty Company of Reading. imam Mary A. R?ailta?kis Assistant Secretary Form F6853-l ?2001 [35: fl? Bond No. 929425295 DOCUMENT 00020 PAYMENT BOND 11113512013 017133055 COUNTY on ELLIS 3 9mm: THAT we, RATCLIFF CONSTRUCTORS, L.P., 14901 Quorum Drive, Suite 715LDallas,_TX 75254 as and CONTINENTAL CASUALTY COMPANY, CNA Plaza, Chicago, IL 60685 Surety, an hemhyheld ahd unto Red OnkIndependentSdaoolDimiet, hereinafter called. Owner, and mac allpet-sons, Econ, and corporations who may furnish materials for, or. perfonn labor upon m: hueinafte: the end gum Million, Seven Hundred Four ?iers an - Dollars Ellis County, Texas, fat the payment: of which sum well and nuly he made, we bind ourselves, our: heirs, wanton, . administrators and successors jointly and sevetally, Emily by 1heae esents. This Bond shall automatically be increased by the amount of any Change Order or Agreement which increases the Contact price, butin no event shall a. Change Order or Supplemental Agtectnent whichrednees the Contract prices decrease the penal sum of this Bond. WAS, the p?ncipalhns earned into a. wdtten. connect identi?ed ?New Shields Elementary School, Ldnted .2003 .withOw-nentodoand Glenn Hei ts Texas WAN work as provided in said contract and. the related plans, speci?cations, genen? conditions and other contact docummts, all of which are by reference made apart hereof. NOW, THEREFORE, if the P?ncipnl shall well, truly and faith??ly perfonn in duties and make ptomptpeyments to all persons, ?nns, subcontractors, corpom?ms and claimants topplying labor and/or material in the pxosecutlon of the work provided in said contract and any and all duly euthanized modi?canons of said contract that may hereafter be made, notice of which modi?cations to the Suretyis hereby expxesnly waived, then this chug-alien shall be void,- ochetwise it shall rennin in full force and effect PROVIDED FURIHER, that the said Surety, for value received hereby E?pulates and no change; extension oftime, altemtion or acidi?on to contact, otno thewotkperfome thereondce, or the plans, speci?cations, dmwings, eon, accompanying the nine. anywiee nffectii: obligation on this Bond, audit does heteby waive notice of any such change, extension of time, mention oradditionto thetenns ofthe connect, tint This Bondis given pummt to the provisions of 2253 of the Texas govemment Code (fonne?y Article 5160 of Vemon'a Annotated Civil Stntutcs), and any other: applicable statutes of the State of Texas. . The 11116 ed and agent is hereby designated by the Surety herein as the Resident Agent ham County to whom any requisite no?ces may be delivered and on whom service of recess may he enshgout ofsuch sure 16' providedbyArticle 7.19-1 ofthe insurance Code, Vernon's Annotated Civil Stanztes of tale of Tenn. 29 October 2007 00520.1 (2251071250000 14 munoumuoxm+mlou Bond No. 929425295 IN WITNESS WREOF, this instrument is uecuted 4'11 day of February 20 03 At? i: RATCLIFF emetide z?ma? B, 1% A raved as to Form 0 e: PBf?g?so by huge CONTINENTAL CASUALTY commeamy KW By It]: Be The Redduit Agent of the Surety inmal?, Techs, for delivery of notice and service of the process is: (NOTE: Date of Pexfomnnce Bon must be date of Cononct. If Resident Agen?tis not a amputation, give a pmo's nhme.) James P. Dervin_ 7116 Blackwood Drive, Dallas, TX 7523! (NOTE: Date of Payment Bond must be date of Contact. If Resident Agent is not a corporation, give a person's? name.) - NOTE: 1. This bond must be payable to the awnding authodty, Red 091: Independent School Dishing as the named obligee, be appmved as to ?0111: by such awarding au?nozity. 2. This bond must be fumiahed before any work is commenced. -3. Surety must be a corporate surety duly snitbo?zed to do business in Texas. 4. amountofthe contract. 5. Attach Power of Attorney ?-om Corporate Surety to this Payment Bond. END OF DOCUMENT 29 October 2007 00620-2 CAI 07125.0000 POWER or arra- APPOINTING INDIVIDUAL arror'i Know All Men By These Presents, That Continental Casualty Company. an illinois corporation. National Fire Insurance Company of Hartford, a Connecticut corporation. and American Casualty Company of Reading. a corporation (herein called ?the CNA Companies"). are duly organized and existing corporations having their principal of?ces in the City of Chicago. and State ofiliinois. and that they do by virtue of the signatures and seals herein af?xed hereby make. constitute and appoint Stephen Cory. Pamela Tucker. Melanie Stern. Bert Guiberteau Jr. Individually oi' Metairie. LA. their true and iaw?ri AttomeyisJ-in-Fact with ?lil power and authority hereby conferred to sign. seal and execute for and on their behalf bonds. undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to hind there thereby as hilly and tothc same extent as ifsueh instruments were signed by a duly authorized o?icer of their corporations and all the acts of said Attorney. pursuant to the authority hereby given is hereby rati?ed and continued. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hcrcot; duly adopted. as indicated. by the Boards of Directors of the corporations. in Witness Whereol'. the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto af?xed on this 25th day of August. 2005. Continental Casualty Company Nationai Fire Company of Hartford American Casualty Company of Reading, ?it-M Michael Gengier 1' a Sen Vice President State of lliinois. County of Cook. as: On this 25th day of August, 2005. before me personally came Michael Gengler to me known. who. being by me duly atvom. did depose and Say: that he resides in the City of Chicago. State of iliinois; that he is a Senior Vice President of Continental Casualty Company. an lliinois corporation. National Fire insurance Company of Hartford. a Connecticut corporation. and American Casualty Company ol'Reading. a Permsyivania corporation described in and which executed the above instrument: that he knows the seals of said corporations; that the seals af?xed to the said instrument are such corporate seals: that they were so af?xed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority. and acknowledges same to be the act and deed of said corporations. 0.. IO. . rorncw. My Commission Espires March 15. 2009 Maria M. Medina Notary Public -A i CERTIFICATE l. Mary A. Ribikawsitis. Assistant Secretary of Continental Casualty Company. an corporation. National Fire insurance Company of Hartford. a Connecticut corporation. and American Casualty Company of Reading. a corporation do hereby certify that the Power of Attorney herein above set forth is still in force. and ?rrther that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. in testimony ?ghtile?'eol' i have hereunto subscribed my name and af?xed the seal of the said corporations this 4th day or February Continental Casualty Company National Fire htsurance Company of Hartford American Casualty Company of Reading. WQW Mary A. Ribilta?kis Assistant Secretary Form F6853-l 1(2001 rowan on INDIVIDUAL Know All Men By These Presents, That Continental Casualty Company. an Illinois corporation, National Fire Insurance Company of Hartford. a Connecticut corporation. and American Casualty Company of Reading. a corporation (herein called ?the CNA Companies?), are duly organized and existing corporations having their principal o?ices in the City of Chicago, and State ofillinois. and that they do by virtue of the signatures and seals herein a?ixed hereby make. constitute and appoint Stephen Cory. Pamela Tucker. Melanie Stern. Bert Guiherteau Jr. Individually of Metairie. LA. their true and lawful with full power and authority hereby conferred to sign. seal and execute for and on their behalf bonds. undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the sarne extent as if such instruments were signed by a duly authorized of?cer of their corporations and all the acts of said Attorney. pursuant to the authority hereby given is hereby rati?ed and con?rmed. This Poorer of Attorney is made and executed pursuant to and by authority of the By-Lavv and Resolutions. printed on the reverse hereof. duly adopted. as indicated. by the Boards of Directors of the corporations. In Witness Whereof. the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto af?xed on this 25th day ofAugust. 2005. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Michaei Gengier I a Sen Vice President State of lliinois. County of Coolt. as: On this 25th day ol'August. 2005. before me personally came Michael to me known. who. being by me duly sworn. did deposc and say: that he resides in the City of Chicago. State of iliinois; that he is a Senior Vice President of Continental Casualty Company. an illinois corporation. National Fire Insurance Company of Hartford. a Connecticut corporation. and Arnerlcan Casualty Company offloading. a corporation described in and which the above instrument: that he lotows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so af?xed putattant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority. and acknowledges same to he the act and deed of said corporations. 0 near whole-an!" . m" 1' W1 My Commission Expires March i5. 2009 Maria M. Medina Notary Public CERTIFICATE 1. Mary A. Assistant Secretary of Continental Casualty Company. an lliinois corporation. National Fire Insurance Company of Hartford. a Connecticut corporation. and American Casualty Company of Reading. a corporation do hereby certify that the Power of Attorney herein shave set forth is still in force. and further certify that the By-Law and Resolution of the Board of Directors of the corporations on the reverse hereof is still in force. in testimony ivoihe?eof i have hereunto subscribed my name and a?ixed the seal of the said corporations this day of February . Continental Casualty Company National Fire Company of Hartford American Casualty Company of Reading. Pennsyivania WQW Mary A. Rihilta?kis Assistant Secretary Form F6353-i "2001 63 Authorizing By-Lovvs and Rosoiutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Potver of Attorney is made and escorted pursuant to and by authority of the following lily-Law duly adopted by the Board of Directors of the Company. ?Article lx?Esecution of Documents Section 3. Appointment of Attorney-in-fact. The Chainnan of the Board of Directors. the President or any Executive. Senior or Group Vice President may. horn time to time. appoint by written certi?cates attorneys-irr-fact to act in behalf of the Company in the execution of policies of insurance. bonds. undertakings and other obligatory instruments of like noun-e. Such subject to the limitations set forth in their respective certificates of autho?ty. shall have ?rll power to bind the Company by their signature and execution of any such instnunents and to attach the seal of the Company thererto. The Chairmen of the Board of Directors. the President or any Excartive, Senior or Group Vice President or the Board of Diredors. may. at any time. revoke all power and authority previously given to any - This Power of Attorney is signed and sealed by facsimile under lid by the authority ofthe following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17" day of February. l993. ?Resolved. that the sigrtahrre of the President or any Executive, Senior or Group Vice President and the seal of the Company may be af?xed by facsimile on any power of attorney granted present to Section 3 of Article or of the By-Lavrs. and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be af?xed by facsimile to any certi?cate of any such power and any power or certi?cate hearing such facsimile signanu-e and seal shell be valid and binding on the Company. Any such power so executed and sealed and certi?ed by certi?cate so escorted andsealedshall.tvitlt reapeettoany towhich it isattached, continue tobevalidandbindingm theCornpaoy.? ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALW COMPANY OF READING, This Power of Attorney is made and eXeorted pursuant to and by authority of the following By-Law duly adopted by? the Board of Directors of the Company. ?Article of Obligations and Appointment of Attorney-ln-Fact Section 2. Appointment of Attorney-indict. The Chainnan of the Board of Directors, the Resident or any Executive, Senior or Group Vice President may. from time to time, appoint by written certi?cates attorneys?in?fact to act in behalf of the Company in the execution of policies of insurance. bonds. undertakings and other obligatory instruments of like nature. Such attorneys-induct. subject to the limitations set forth in their respective certi?cates of authority. shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the {:0me thereto. The President or my Executive. Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fa This Power of Attorney is signed and sealed by facsimile under rod by the authority of the following Resolution adopted by the Board of Directors ofthe Company at a meeting duly called and hehi on the day of Febnrary. 1993. . ?Resolved. that the signature of the President or any Executive. Senior or Group Vice President and the seal of the Company may be at??xed by facsimile on any power of attorney granted pursuant to Section 2 or Article Vi of the By-Laws. and the signature of the Secretary or an Assistant Seuetuyand theses! oftheCornpanynraybeafiised by facsimileto facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certi?ed by certi?cate so executed and sealed shall. with respect to any bond or undertaking to which it is attached. continue to be Valid and binding at the Cuopany.? ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17. I993 by the Board of Directors of the Company. That the President. an Executive Vice President. or any Senior or Group Vice President of the corporation may. from time to time. appoint, by written certi?cates. Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance. bonds. undertdrings and other obligatory instruments of like nature. Such Attentey-in-Fect, subject to the limitations set forth in their respective certi?cates of authority. shall have full power to bind the Corporation by their signature and of any such instrument and to attach the seal of the Corporation thereto. The President. an Enecutive Vice President. any Senior or Group Vice President or the Board of Directors may at any time revolre all powerand authority previously given to any Attomey-ln-Fact." This Power of Attorney is signed and sealed by facsimile under aid by the authority of the following Rsolution adopted by the Board of Directors of the at a meeting duly called and held on the 17? day of February. I993. That the signature of the President. an Exemtive Vice President or any Senior or Group Vice President and the seal of the Corporation may be af?xed by facsimile on any power ofattomey granted pursuant to the Resolution aiopted by this Board of Directorson Felauary l7. l993 and the signature of a Secretary or an Assistant Sea-etar'y and the seal of the Corporation may be af?xed by facsimile to any certi?cate of any such power; and any power or certificate hearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certi?ed by certi?cate so escorted and scaled. shall with respect to any bond or undertaking to which it is attached. continue to be valid and binding on the Corporation." BUREAU VERITAS September 12, 2008 Project - Red Oak Shields Elementary Address 223 W. Ovilla Road Glen Heights, Texas Re - Third party Code Assurance (CA) inspection service John Humphrey, Assistant Superintendent, Red Oak School District Thank you for the opportunity to submit a proposal to provide code assurance inspections. To ensure compliance with the state adopted codes for commercial construction, we will perform code assurance inspections in accordance with the 2003 International Codes and the 2005 National Electrical Code. Our inspection services for this code assurance proposal include the following service(s) outlined below: Plumbing Rough (water, sewer under floor, and to public connection) code assurance inSpections Foundation code assurance and/or veri?cation of engineer inspection 0 Framing. mechanical rough. electric rough and plumbing top-out code assurance inspections - Construction Electric and Final Building. mechanical. electrical and plumbing code assurance inspections 0 Energy Code inspections as required by the city and per construction schedule I inspection performed next business day of the request fNo charge for reinspections - Attend Job-site coordination meetings. as needed, and provide an electronic inspection tracking system 0 Coordinate all inspections with the City of Glenn Heights, as needed. to ensure a ?nal inspection approval. We look forward to working with you on this project. Project Valuation: $13,340,639 Square Footage: 82,000 Cost of services Code Assurance Inspections 5 26,700.00 AUTHORIZATION - If the scope of work is acceptable. please sign and return the proposal to formalize the agreement All work shall be conducted in accordance with the Terms and Conditions attached hereto and made part of this agreement EXPIRATION This contract shall expire 30 days after receiving the Certi?cate of Occupancy from the City. ACCEPTED BY: PROVIDER: CLIENT. Red Oak leg; Title: gilt/9r dfr?ac/A??. Title: 1574 Date: Date. By: BUREAU VERJTAS 1000 jupiter Road, Suite 800 Plano, Texas T5tlT-?4 P: 469.241.1834 F: 469.241.1849 BUREAU VEHITAS THIRD PARTY INSPECTION AGREEMENT STANDARD TERMS AND CONDITIONS 1 This agreement shall be binding upon the heirs. executors. administrators. successors and of each of the parties 2 Neither party may aSSIgn this Agreement or any right or obligation hereunder without the prior written consent of the other party. which shall not be unreasonably withheld or delayed. provided. however. that no consent shall be necessary in the event of an assignment to a successor entity resulting from a merger. acqutsitlon or consolidation by either party or an assignment to an Af?liate ofeither party ifsuch successor or Af?liate assumes all obligations under this Agreement Any attempted assignment, which requires consent hereunder. shall be void and shall constitute a material breach of this Agreement if such consent is not obtained 3 This agreement contains the entire agreement between the parties relating to the Project and the provision of services to the Project. Any prior agreements. promises. negotiations or representations not expressly set forth In this agreement are of no force or effect Subsequent modifications to this agreement shall be in writing and Signed by all parties 4 The waiver of any tetra. condition. or covenant. or breach of any term. condition. or covenant, shall not constitute the waiver of any other term, condition, or covenant. or the breach of any other term. condition. or covenant 5 1f any term. condition. or covenant of this agreement is held by a court of competent Jurisdiction to be invalid. void or unenforceable. the remaining prowsrons of this agreement shall be valid and binding. 6 This agreement shall be governed by and construed in accordance the laws of the state in which the work is performed in a court of competent Jurisdiction Each of the parties to the Agreement consents to exclusive venue for any lawsuit arising out of this Agreement in the state courts of Ellis County. Texas and of the federal courts with jurisdiction over such county 1' Client acknowledges that ?5 right to utilize the services and work product provided pursuant to this agreement will continue only so long as client is not In default pursuant to the terms and conditions of this agreement and client has performed all obligations under this agreement. 8 Client agrees that the periodic billings from the provider to the client are correct. concluswe. and binding on client unless client. within thirty (30) days from the date of receipt of such billing. notifies provider in writing of alleged inaccuracies. discrepancies. or errors in the billing. 9 Client agrees to pay interest on overdue payments at an accrual rate as set forth in Texas Government Code 225l 025 ID to the event all or any portion of the work prepared or partially prepared by the provider be suspended. abandoned. or terminated. client shall pay the provider for all fees. charges and services provided for the project. to the date of not to exceed any contract limit specr?ed herein Client acknowledges if the project work is suspended for a period of 60 days and restarts. there will be additional charges to suspension of the work. which shall be paid for by client as extra work ll Provider is not responsible for delay caused by activities or factors beyond the provider?s reasonable control. including but not limited to. delays by reason of strikes, lockouts. work slowdowns or stoppages. accrdents, acts of God. failure of client to furnish timely Information. faulty performance by client or contractors or governmental agencies When such delays. beyond the provider reasonable control occur. client agrees provider is not for damages nor shall provider be deemed to be in default of this agreement 12 All claims. disputes. controversies or matters in question arising out of. or relating to. this Agreement or any breach thereof. including but not limited to disputes arising out of alleged desrgn defects. breaches of contract. errors. omissions. or acts of professronal negligence. (collectively ?Disputes"] shall be submitted to mediation before and as a condition precedent to pursuing any other remedy Upon written request by either party to this Agreement for mediation of any dispute. client and provider shall select a neutral mediator by mutual agreement Such selection shall be made within ten (10) calendar days of the date of receipt by the other party of the written request for mediation In the event of failure to reach such agreement or in any instance when the selected mediator is unable or unwilling to serve and a replacement mediator cannot be agreed upon by client and provider within ten (10) calendar days. a mediator shall be chosen as specified in the Construction Industry Mediation Rules of the American Arbitration Association then in effect. or any other appropriate rules upon which the parties may agree. Any cause of action brought against provrder for work or services performed under this Agreement. shall be acted upon within the time limits as stated to Texas Law Should either party to this Agreement commence any legal action against the other party arising out of this Agreement- the prevailing party shall be entitled to recover its reasonable litigation expenses. including court costs. expert witness fees. discovery expenses. and attorney's fees 13. Client acknowledges that provider is not responsible for the performance of work by third parties including. but not limited to. the construction contractor and its subcontractors 14 Client acknowledges that the provider's scope of servrces for this pl?OJch daes not include any work related in any way to asbestos andi?or other hazardous vtaste Should provider or any other party encounter such materials on the job site. or should it in any other way become known that such materials are present or may be present on the jOb site or any adjacent or nearby areas which may affect provider's work. provider may. at its option. termrnate work on the project until such time as client retains a specialist contractor to abate auditor remove the asbestos andfor hazardous waste materials and warrant that the job sue is free from any hazard which may result from the existence of such materials Page 2 of3 BUREAU IS The parties acknowledge that a variety of potentially affect provtder by of entering tnto an agreement to perform the services In order for clrent to obtain the bene?t of a fee. which includes a lesser allowance for dealing ?1th the provrder's cltent agrees to limit the provider's liability to client. and to all other parties. for claims arismg out of the provider?s performance of the servrces Clrent agrees that in no instance shall provrder be responsible. In total or tn pan. for the errors or of any other professrortal. contractor. subcontractor or any other party Client also agrees that provtder shall not be responsible for the means. methods procedures performance or safety of the constructlort contractors or subcontractors. or for their errors or to Client agrees to hold harmless. indemnify and defend provrder. and ?5 employees. af?liates. of?cers. directors and agents. and subcontractors. and each of their employees. af?liates. of?cers. directors and agents. against all claims. surts. ?nes and penalties. Including attorneys fees and other costs of settlement and defense. which such arise out of or are related to Agreement or the Servtces. except to the extent allowable by law t? This agreement shall be Interpreted as though prepared by all the8 18 Each party watves its right to a Jury trial tn any court action artsirtg between the parties. whether under thIs Agreement or otherwise related to the work being performed under this Agreement 19 It rs expressly understood dc agreed that the enforcement of these terms and conditions shall be reserved to the client and the Nothing contained in the agreement shall give or allow any clatrrt or of action whatsoever by any third person It ts the express talent of the client and the provaier that any such person or other then the client or the provrder. recewtng services or bene?ts under this agreement shall be deemed an bene?ciary Page 3 of 3 - I City of Glenn Heights ORDINANCE 0-21-08 Donald T. Shields BUSINESS NANIE: Elementary School ADDRESS. 223 Ovilla Glenn Heights, TX 75154 OCCUPANCY TYPE OF BUILDING - CLASSIFICATION - OCCUPANCY LOAD - OCCUPANT BUILDING OWNER NAME Donald T. Shields Elementary NAME Red Oak ISD ADDRESS 223 Ovilla Rd ADDRESS 156 Louise Ritter Glenn Heights TX 75154 Red Oak TX 75154 PHONE NO. 972-223-1499 PHONE NO. 972?617-4012 This structure to be used as a Elementary School This structure was inspected under the International Code as adopted by the City of Glenn Heights. Certi?cate of Occupancy cannot be transferred or reassigned to other owners or changes in business names. Post Certi?cate in Public View- No Vehicle washing allowed. APPROVED CERTIFICATE NO. 080509-01 DATE August 5, 2009 BY 6L 1 Ilo If?a; . INSPECTION REPORT PROJECT ADDRESS CITY 223 IV, 0mm lid. a jam [721/41 yr NAME CLIENT K/ih/ pm; ?4297. 54m: PROJECT NUMBER CLIENT CONTACT 2 of? 0/ 2 3/ 7 BUILDING Status PLUMBING Status ELECTRICAL Status MECHANICAL Status ENERGY Status CI Form Survey CI Rough CI T-Pole CI Rough CI Pro-Insulation CI Pierl Footing CI Water Service CI Underground CI Fireplace CI Insulation CI Foundation CI Yard Sewer CI Rough Type I Duct CI Duct CI Flatwork CI Gas Underground [3 Const. Hater CI Type I Hood CI Electric CI Framing CI Gas Rough Cl Final Type II Duct CI Plumbing CI VeneerIWall Tie CI Top Out Cl Pool Belly Bond CI Type ll Hood CI Final CI Term. Letter CI Gas Final! Release CI Pool Deck Bond Cl Final Cl Above Ceiling El Row Tag CI Final El Above Ceiling [3 Above Ceiling El Final CI Grease Trap Cl El El Pool Final A El Pool El El El Eco El Bacll?Status: Pass I PP Partial Pass I Failed (reinspection required)I NA Not Applicable I Cancelled COMMENTS Cain/567 (I) 12/1 3M boo/2 we? ?ew 344615)) 6: vr',r Eng/2' ?le 19427360044 PERMIT NUMBER INSPECTOR PHONE DATE 7'2 INSPECTION REQUEST TOLL FREE: (877) 837-8775 FAX (877) 837-8859 PLEASE KEEP THIS REPORT IN THE PERMIT PACKET