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HomeMy WebLinkAboutC2016-414 - 9/20/2016 - Approved 2016-414 9/20/16 M2016-107 DMB Construction 00 52 23 AGREEMENT This Agreement,for the Contract Renewal approved on September 20, 2016 , is between the City of Corpus Christi (Owner)and DMB Construction (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Ocean Drive Park Improvements-Swantner Park(Bond 2012) Project No. E14049 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR 555 N.Carancahua St.,Suite 1600 Corpus Christi,Texas 78401 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk, P.E.-Acting Construction Engineer City of Corpus Christi-Engineering Services 4917 Holly Road#5 Corpus Christi TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. Agreement 00 52 23-1 Ocean Drive Park Improvements-Swantner Park(Bond 2012) E14049 Rev 06-22-2016 SEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF OCEAN DRIVE PARK IMPROVEMENTS SWANTNER PARK (Bond 2012) PROJECT NUMBER E14049 City of Corpus Christi HDR Engineering, Inc. 555 N Carancahua Street, Suite 1600/Corpus Christi, TX/361-696-3300 Record Drawing Number CP -215 0 • `TF�1t a *: i ADAM D. HAGEL i 'r ,;.. 122314 f A. gi gfi FcisT0?C-9. 4w71 ,� eit s' ,,NAL ~�~ r 00 0100 TABLE OF CONTENTS Table of Contents Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 000100-1 Rev 01-13-2016 Division / Section Title Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev01-13-2016) 00 30 00 Bid Acknowledgment Form (Rev 01-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest (Rev 01-13-2016) 00 30 06 Non -Collusion Certification 00 45 16 Statement of Experience (Rev 10-06-2015) 00 52 23 Agreement (Rev 01-13-2016) 00 61 13 Performance Bond (Rev 01-13-2016) 00 61 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Rev 01-13-2016) 00 72 02 Wage Rate Requirements (Rev 06-12-2015) 00 72 03 Minority / MBE / DBE Participation Policy (Rev 01-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 01 11 00 Summary of Work (Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures (Rev 03-11-2015) 01 29 01 Measurement and Basis for Payment (Rev 01-13-2016) 01 31 00 Project Management and Coordination (Rev 01-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register (Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 35 00 Special Procedures Table of Contents Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 000100-1 Rev 01-13-2016 Division / Section Title 01 40 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications Division 02 Sitework 021040 Site Grading 025210 Lime Stabilization 025404 Asphalts, Oils and Emulsions 025412 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement (Class A) 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025802 Temporary Traffic Controls During Construction 028040 Sodding Division 03 Concrete 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures Part T Technical Specifications Division 31 Earthwork 31 23 23 Cementitious Fill Materials Appendix Title 1 Geotechnical Report (October 2015) 2 Engineering Letter Report (June 2015) 3 Engineering Inspection Report (February 2012) END OF SECTION Table of Contents Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 000100-2 Rev 01-13-2016 DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1— DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2 — GENERAL NOTICE 2.01 The City of Corpus Christi, Texas (Owner) is requesting Bids for the construction of the following Project: Ocean Drive Park Improvements-Swantner Park (Bond 2012) City Project no. E14049 The project consists of: A. Selective repairs to the 2,115 -foot long seawall concrete sheet pile bulkhead wall; Void - filling of the soil retained by the sheet pile wall with Controlled Low -Strength Material (CLSM); Demolition of sidewalks that run parallel to the seawall; Subgrade preparation, and installation of new reinforced concrete sidewalks, including curb and gutter; HMAC patches that will be impacted by sidewalk installation; Demolition and replacement of miscellaneous items, including wheel stops, garbage cans, and bollards; Placing and grading soil adjacent to sidewalk for sodding placement; Installation and maintenance of BMPs; including all appurtenances and associated work in accordance with the plans, specifications, and contract documents. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $1,079,200.00. The Project is to be substantially complete and ready for operation within 120 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3 DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than August 17, 2016 (Wednesday) at 2:00pm to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. Invitation to Bid and Instructions to Bidders 00 21 13 - 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid - Ocean Drive Park Improvements-Swantner Park (Bond 2012), Project No. E14049 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at August 17, 2016 (Wednesday) at 2:00pm, at the following location: City Hall Building — City of Corpus Christi First Floor City Council Staff Room or Council Chambers 1201 Leopard Street Corpus Christi, Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4 — PRE-BID CONFERENCE 4.01 A mandatory pre-bid conference for the Project will be held on August 2, 2016 (Tuesday) at 10:00am at the following location: City Hall Building — Engineering Services Conference Room 1 or 2 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi, Texas 78401 Bids will not be accepted from Bidders who do not attend the conference. It is the Bidders' responsibility to sign in at the pre-bid conference to verify their participation. Invitation to Bid and Instructions to Bidders 00 21 13 - 2 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 ARTICLE 5 — COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6 — EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7 — INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. Invitation to Bid and Instructions to Bidders 00 21 13 - 3 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8 — BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 3. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Invitation to Bid and Instructions to Bidders 00 21 13 - 4 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9 — PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10 — CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of "confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. Invitation to Bid and Instructions to Bidders 00 21 13 - 5 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 ARTICLE 11— MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12 — BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13 — STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14 — EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15 — AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non -conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest Invitation to Bid and Instructions to Bidders 00 21 13 - 6 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16 — MINORITY / MBE / DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority / MBE / DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY / MBE / DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17 — BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18 — SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19 — SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20 — WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in Invitation to Bid and Instructions to Bidders 00 21 13 - 7 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21— BIDDER's CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process, the City may, in its discretion, reject the Bid. ARTICLE 22 — CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23 — CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24 - REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 7. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre -Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. Invitation to Bid and Instructions to Bidders 00 21 13 - 8 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City -accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post -Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of (i) all remaining work or incomplete work items under any existing city or non -city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City -awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 00 21 13 - 9 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1— BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by (type or print name of company) on: August 17, 2016 at 2:00pm for Ocean Drive Park Improvements — Swantner Park (Bond 2012), Project No. E14049. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid - Ocean Drive Park Improvements — Swantner Park (Bond 2012), Project No. E14049 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2 — BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 00 30 00 - 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and Bid Acknowledgement Form 00 30 00 - 2 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4 — BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5 — EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record, the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids, to waive any and all irregularities in the Bids, or to reject non -conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 00 30 00 - 3 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7 — ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON -COLLUSION CERTIFICATION. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9 — VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. ARTICLE 10 — SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 00 30 00 - 4 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11— BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: By: Name: Title: Attest: (typed or printed full legal name of Bidder) (individual's signature) (typed or printed) (typed or printed) State of Residency: Federal Tax Id. No. Address for giving notices: (individual's signature) Phone: Email: (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 00 30 00 - 5 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 00 30 01 BID FORM Project Name: Ocean Drive Park Improvements-Swantner Park (Bond 2012) Project Number: E14049 Owner: City of Corpus Christi Bidder: PART A - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) OAR: TBD Designer: HDR Engineering, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid PART A - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 B3 A2 Preparation of SWPPP LS 1 $ 99,000.00 B4 A3 Temporary Filter Fabric LF 60 B5 A4 Curb Inlet Protection EA 1 $ 60,000.00 B6 SUBTOTAL PART A - GENERAL (Items Al thru A4) SF PART B - DEMOLITION (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Construction Fence and Access Points LS 1 B2 Demo Existing Fencing and Handrails LS 1 B3 Demo Sidewalk and Pavers SF 30,330 $ 99,000.00 $ 99,000.00 B4 Demo Rip Rap LS 1 B5 Demo Timber Bollard and Trash Receptacle Assembly LS 1 $ 60,000.00 $ 60,000.00 B6 Demo HMAC Pavement SF 675 B7 Demo Curb LF 400 B8 Demo Curb & Gutter LF 100 SUBTOTAL PART B - DEMOLITION (Items B1 thru B8) PART C - SEAWALL VOID FILLING (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Cl Underwater Inspection and Report LS 1 C2 Repair Gaps between Concrete Sheets LF 90 C3 ALLOWANCE A - Repair Additional Gaps between Concrete Sheets LS 1 $ 99,000.00 $ 99,000.00 C4 Install CLSM fill below seawall CY 800 C5 ALLOWANCE B- Install additional CLSM fill below seawall LS 1 $ 60,000.00 $ 60,000.00 C6 Divers for CLSM placement LS 1 SUBTOTAL PART C - SEAWALL VOID REPAIR (Items Cl thru C6) Install Curb & Gutter PART D - SIDEWALK CONSTRUCTION (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT D1 Lime treatment of subgrade SY 3,500 D2 Install TXDOT Type A Grade 1 CY 7 D3 Install 6" concrete sidewalk SF 30,330 D4 Install HMAC SF 675 D5 Install Prime Coat GAL 12 D6 Install Wheel Stop EA 29 D7 Install Curb & Gutter LF 95 D8 Install Curb LF 95 SUBTOTAL PART D - SIDEWALK CONSTRUCTION (D1 THRU D8) Bid Form Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Page 1 of 2 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT PART E - MISC SITE WORKS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) El Fill Low areas South of Sidewalk, Grade Flat (79 CY) LS 1 days SUBTOTAL PART C - SEAWALL VOID FILLING (Items Cl thru C6) E2 Sod SY 6,010 SUBTOTAL PART E - MISC SITE WORKS (Items El thru E4) E3 Install Timber Bollard EA 2 TOTAL PROJECT BASE BID (PARTS A THRU E) E4 Install Trash Receptable Assembly EA 1 SUBTOTAL PART E - MISC SITE WORKS (Items El thru E4) BID SUMMARY SUBTOTAL PART A - GENERAL (Items Al thru A4) 120 days SUBTOTAL PART B - DEMOLITION (Items B1 thru B8) 150 days SUBTOTAL PART C - SEAWALL VOID FILLING (Items Cl thru C6) SUBTOTAL PART D - SIDEWALK CONSTRUCTION (Items D1 thru D8) SUBTOTAL PART E - MISC SITE WORKS (Items El thru E4) TOTAL PROJECT BASE BID (PARTS A THRU E) I Contract Times Bidder agrees to reach Substantial Completion in 120 days Bidder agrees to reach Final Completion in 150 days Bid Form Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Page 2 of 2 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ❑ Bidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: By: Name: Title: Business address: (typed or printed) (signature -- attach evidence of authority to sign) (typed or printed) Phone: Email: END OF SECTION Compliance to State Law on Nonresident Bidders Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 003002-1 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CI FY = PURCHASING DIVISION City of Corpus Chnsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 8 4. Association 2. Partnership e 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant City of Corpus Christi Disclosure of Interest 00 30 05 -1 Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi Disclosure of Interest 003005-2 Rev 01-13-2016 00 30 06 NON -COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 CONTRACT: Ocean Drive Park Improvements-Swantner Park (Bond 2012) Project No. E14049 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: By: Name: Title: Business address: (typed or printed) (signature -- attach evidence of authority to sign) (typed or printed) Phone: Email: END OF SECTION Non -Collusion Certification Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 003006-1 11-25-2013 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 1— REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2 — EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be Statement of Experience 00 45 16 - 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 10-6-2015 considered in determining whether the experience of the Bidder meets the minimum requirements. The Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience, education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non -responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3 — PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE, AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE -PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE 4. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS.STATEMENT OF EXPERIENCE REQUIREMENTS 3.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used, and must be folded to the size of an 8-1/2 x 11 page. 3.02 Provide a digital copy of the Statement of Experience in Portable Document Format (PDF) on a CD, portable drive, or other digital recording device. This digital copy is to include all information required to evaluate the Bid and should match the content of the printed copy of the Bid. When creating the digital copy: A. Create PDF documents from native format files. Statement of Experience 00 45 16 - 2 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 10-6-2015 B. Rotate pages so that the top of the document appears at the top of the file when opened in PDF viewing software. C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience 00 45 16 - 3 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 10-6-2015 Table 1— Organization Information Organization doing business as: Business Address of Principal Office Telephone No. Website Form of Business (check one) ■ Corporation ■ Partnership ■ Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: ■ General ■ Limited If an Individual Name Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 004516-4 Rev 10-6-2015 Table 1— Organization Information Organization doing business as: Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 004516-5 Rev 10-6-2015 Table 2 — Project Information Organization doing business as: Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Superintendent Safety Manager Quality Control Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Work Estimated Percentage of Contract Price Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 004516-6 Rev 10-6-2015 Table 3 — Projects Awarded during the Last 5 Years Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 004516-7 Rev 10-6-2015 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 004516-8 Rev 10-6-2015 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 004516-9 Rev 10-6-2015 Table 4 — Demonstrated Minority, MBE, DBE Participation Organization doing business as Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 00 45 16 - 10 Rev 10-6-2015 ARTICLE 4 — CERTIFICATION 4.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: By: Name: Title: (typed or printed) (individual's signature) (typed or printed) Designated Representative: Name: Title: Address: (typed or printed) Telephone No.: Email: END OF SECTION Statement of Experience 00 45 16 - 11 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 10-6-2015 00 52 23 AGREEMENT This Agreement, for the Project awarded on [insert Award Date], is between the City of Corpus Christi (Owner) and Owner and Contractor agree as follows: ARTICLE 1— WORK (Contractor). 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Ocean Drive Park Improvements-Swantner Park (Bond 2012) Project No. E14049 ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR 555 N Carancahua St, Suite 1600 Corpus Christi, TX, 78401 2.02 The Owner's Authorized Representative for this Project is: TBD ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Agreement 00 52 23 - 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $300.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $300.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. Agreement 00 52 23 - 2 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 00 52 23 - 3 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Agreement 00 52 23 - 4 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR —Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 00 52 23 - 5 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Janet L. Kellogg Assistant City Attorney J.H. Edmonds, P.E. Director of Engineering Services ATTEST (IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: Address City State Zip Phone Fax EMail END OF SECTION Agreement 00 52 23 - 6 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 00 61 13 PERFORMANCE BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project name and number: Award Date of the Contract: Contract Price: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of the Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 006113-1 Rev 01-13-2016 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 006113-2 Rev 01-13-2016 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project name and number: Award Date of the Contract: Contract Price: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 006116-1 Rev. 01-13-2016 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16 - 2 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev. 01-13-2016 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1— Definitions and Terminology 6 1.01 Defined Terms 6 1.02 Terminology 11 Article 2 — Preliminary Matters 12 2.01 Delivery of Bonds and Evidence of Insurance 12 2.02 Copies of Documents 13 2.03 Before Starting Construction 13 2.04 Preconstruction Conference; Designation of Authorized Representatives 13 Article 3 — Contract Documents: Intent, Requirements, Reuse 13 3.01 Intent 13 3.02 Reference Standards 15 3.03 Reporting and Resolving Discrepancies 15 3.04 Interpretation of the Contract Documents 16 3.05 Reuse of Documents 16 Article 4 — Commencement and Progress of the Work 16 4.01 Commencement of Contract Times; Notice to Proceed 16 4.02 Starting the Work 16 4.03 Progress Schedule 17 4.04 Delays in Contractor's Progress 17 Article 5 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 18 5.01 Availability of Lands 18 5.02 Use of Site and Other Areas 18 5.03 Subsurface and Physical Conditions 19 5.04 Differing Subsurface or Physical Conditions 19 5.05 Underground Facilities 21 5.06 Hazardous Environmental Conditions at Site 22 Article 6 — Bonds and Insurance 24 6.01 Performance, Payment, and Other Bonds 24 6.02 Licensed Sureties 24 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 1 03-23-2015 6.03 Insurance Article 7 — Contractor's Responsibilities 7.01 Supervision and Superintendence 7.02 Labor; Working Hours 7.03 Services, Materials, and Equipment 7.04 Concerning Subcontractors, Suppliers, and Others 7.05 Patent Fees and Royalties 7.06 Permits 7.07 Taxes 7.08 Laws and Regulations 7.09 Safety and Protection 7.10 Safety Representative 7.11 Hazard Communication Programs 7.12 Emergencies 7.13 Contractor's General Warranty and Guarantee 7.14 Indemnification 7.15 Delegation of Professional Design Services Article 8 — Other Work at the Site 8.01 Other Work 8.02 Coordination 8.03 Legal Relationships Article 9 — Owner's and OPT's Responsibilities 9.01 Communications to Contractor 9.02 Replacement of Owner's Project Team Members 9.03 Furnish Data 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals 9.09 Limitations on OPT's Responsibilities 9.10 Undisclosed Hazardous Environmental Condition 9.11 Compliance with Safety Program General Conditions Corpus Christi Standards - Regular Projects 007200-2 03-23-2015 Article 10 — OAR's and Designer's Status During Construction 36 10.01 Owner's Representative 36 10.02 Visits to Site 36 10.03 Resident Project Representatives 36 10.04 Rejecting Defective Work 36 10.05 Shop Drawings, Modifications and Payments 36 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work 37 10.07 Limitations on OAR's and Designer's Authority and Responsibilities 37 Article 11— Amending the Contract Documents; Changes in the Work 37 11.01 Amending and Supplementing the Contract Documents 37 11.02 Owner -Authorized Changes in the Work 38 11.03 Unauthorized Changes in the Work 38 11.04 Change of Contract Price 39 11.05 Change of Contract Times 40 11.06 Change Proposals 40 11.07 Execution of Change Orders 40 11.08 Notice to Surety 41 Article 12 — Claims 42 12.01 Claims 42 12.02 Claims Process 42 Article 13 — Cost of the Work; Allowances; Unit Price Work 43 13.01 Cost of the Work 43 13.02 Allowances 46 13.03 Unit Price Work 46 13.04 Contingencies 47 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 47 14.01 Access to Work 47 14.02 Tests, Inspections, and Approvals 47 14.03 Defective Work 48 14.04 Acceptance of Defective Work 49 14.05 Uncovering Work 49 14.06 Owner May Stop the Work 49 14.07 Owner May Correct Defective Work 50 General Conditions Corpus Christi Standards - Regular Projects 007200-3 03-23-2015 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 15.01 Progress Payments 15.02 Contractor's Warranty of Title 15.03 Substantial Completion 15.04 Partial Utilization 15.05 Final Inspection 15.06 Final Payment 15.07 Waiver of Claims 15.08 Correction Period Article 16 — Suspension of Work and Termination 16.01 16.02 16.03 Owner May Suspend Work Owner May Terminate for Cause Owner May Terminate For Convenience Article 17 — Final Resolution of Disputes 17.01 Methods and Procedures Article 18 — Miscellaneous 18.01 Computation of Times 18.02 Owner's Right to Audit Contractor's Records 18.03 Independent Contractor 18.04 Cumulative Remedies 18.05 Limitation of Damages 18.06 No Waiver 18.07 Severability 18.08 Survival of Obligations 18.09 No Third Party Beneficiaries 18.10 Assignment of Contract 18.11 No Waiver of Sovereign Immunity 18.12 Controlling Law 18.13 Conditions Precedent to Right to Sue 18.14 Waiver of Trial by Jury 18.15 Attorney Fees 18.16 Compliance with Laws 18.17 Enforcement General Conditions Corpus Christi Standards - Regular Projects 007200-4 03-23-2015 18.18 Subject to Appropriation 60 18.19 Contract Sum 60 18.20 Contractor's Guarantee as Additional Remedy 60 General Conditions Corpus Christi Standards - Regular Projects 007200-5 03-23-2015 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. General Conditions Corpus Christi Standards - Regular Projects 007200-6 03-23-2015 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 007200-7 03-23-2015 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. General Conditions Corpus Christi Standards - Regular Projects 007200-8 03-23-2015 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. General Conditions Corpus Christi Standards - Regular Projects 007200-9 03-23-2015 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 10 03-23-2015 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-11 03-23-2015 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide required Bonds with the executed Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 12 03-23-2015 2.02 Copies of Documents A. OPT is to furnish one fully executed Agreement and one copy of the executed Contract Documents in electronic portable document format (PDF). This document is the Project Record Copy of the Contract Documents. 2.03 Before Starting Construction A. Provide the following preliminary documents in accordance with the Contract Documents within 10 days after the Effective Date of the Contract: 1. Progress Schedule; 2. Schedule of Documents; and 3. Schedule of Values and projected cash flow information. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions, Supplementary Conditions, and General Requirements (Division 01 Sections of the Specifications) apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In offering a Bid for this Project and in entering into this Contract, Contractor represents: a. Contractor has studied the Contract Documents, the Work, the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; b. Contractor has studied the Technical Data and other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; c. Contractor has correlated these studies and observations with the requirements of the Contract Documents; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 13 03-23-2015 d. Contractor has taken all of this information into consideration in developing the Contract Price offered and that the Contract Price offered provides full compensation for providing the Work in accordance with the Contract Documents. 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the Contractor when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or Suppliers. Specifications or details do not need to be indicated or specified in each Specification or Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 14 03-23-2015 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations, whether specific or implied, are those in effect at the time Contractor's Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives authority to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that Contractor discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. Immediately notify the OAR of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; b. Actual field conditions; c. Standard specifications, manuals, reference standards, or codes; or d. Instructions of Suppliers. 3. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 15 03-23-2015 Contract Documents issued pursuant to Paragraph 11.01, except in an emergency as required by Paragraph 7.12. 4. Contractor is liable to the OPT for failure to report conflicts, errors, ambiguities, or discrepancies in the Contract Documents of which Contractor has actual knowledge. 5. Contractor is deemed to have included the most expensive item, system, procedure, etc. in the Contract Price if a conflict, error, ambiguity, or discrepancy in components of the Contract Documents was known, but not reported prior to submitting the Bid or when Contractor negotiates the Contract Price. 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 16 03-23-2015 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree. 4.04 Delays in Contractor's Progress A. Contractor is entitled to an equitable adjustment in the Contract Times if OPT directly delays, disrupts, or interferes with the performance or progress of the Work. The Contractor agrees to make no Claim for damages for delay in the performance of the Contract occasioned by an act or omission to act of the OPT and agrees that the extension of time provides an equitable adjustment. B. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of Contractor's Team. C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D.1, for Projects using calendar days or a fixed date to establish the Contract Time. Contractor is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. D. Contractor is entitled to an equitable adjustment in the Contract Times if Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of OPT or Contractor. These unanticipated causes may include: 1. Severe and unavoidable natural catastrophes e.g. fires, floods, hurricanes, epidemics, and earthquakes; 2. Acts or failures to act of utility owners other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8; and 3. Acts of war or terrorism. 4. Rain days in excess of the number of days allocated for rain as described in the Supplementary Conditions. E. Delays, disruption, and interference to the performance or progress of the Work resulting from the following are governed by Article 5: 1. The existence of a differing subsurface or physical condition; 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 17 03-23-2015 3. Hazardous Environmental Conditions. These adjustments in Contract Times are the Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. F. Article 8 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. G. Notify the OAR immediately of a potential delaying, disrupting, or interfering event. Submit a Change Proposal seeking an adjustment in Contract Price or Contract Times within 30 days of the commencement of the delaying, disrupting, or interfering event. H. Contractor is only entitled to an adjustment of the Contract Times for specific delays, disruptions, and interference to the performance or progress of the Work that can be demonstrated to directly impact the ability of the Contractor to complete the Work within the Contract Times. No adjustments in Contract Times are allowed for delays on components of the Work which were or could have been completed without impacting the Contract Times. I. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of the Owner if this delay is concurrent with a delay, disruption, or interference attributable to or within the control of the Contractor's Team. ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner is to furnish the Site and inform the Contractor of encumbrances or restrictions known to Owner related to use of the Site with which Contractor must comply in performing the Work. B. Provide for additional lands and access Contractor requires for temporary construction facilities or storage of materials and equipment, other than those identified in the Contract Documents. Provide documentation of authority to use these additional lands to OAR before using them. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Owner or Contractor has arranged to use through construction easements or agreements, and other adjacent areas as permitted by Laws and Regulations. Assume full responsibility for damage or injuries which result from the performance of the Work or from other actions or conduct of the Contractor's Team, including: a. Damage to the Site; b. Damage to adjacent areas used for Contractor's Team's operations; c. Damage to other adjacent land or areas; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 18 03-23-2015 d. Injuries and losses sustained by the owners or occupants of these lands or areas. 2. Take the following action if a damage or injury claim is made by the owner or occupant of adjacent land or area because of the performance of the Work, or because of other actions or conduct of the Contractor's Team: a. Take immediate corrective or remedial action as required by Paragraph 7.09; and b. Attempt to settle the claim through negotiations with the owner or occupant, or otherwise resolve the claim by mediation or other dispute resolution proceeding or at law. 5.03 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to OPT of explorations and tests of subsurface conditions at or adjacent to the Site; 2. Those drawings known to OPT of physical conditions related to existing surface or subsurface structures at the Site, except Underground Facilities; and 3. Technical Data contained in these reports and drawings. B. Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project and made available to Contractor are defined as Technical Data, unless Technical Data has been defined more specifically in the Supplementary Conditions. C. Contractor may rely upon the accuracy of the Technical Data contained in these reports and drawings, but these reports and drawings are not Contract Documents. Except for this reliance on Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, or Contractor's safety precautions and programs; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Contractor's interpretation of or conclusions drawn from Technical Data or other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 19 03-23-2015 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. D. Possible Contract Price and Contract Times Adjustments: 1. Contractor is entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in Contractor's cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. 2. Contractor is not entitled to an adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of the subsurface or physical condition at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; b. The existence of the subsurface or physical condition could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or c. Contractor failed to give notice as required by Paragraph 5.04.A. 3. Contractor may submit a Change Proposal no later than 30 days after OAR's issuance of the OPT's statement to Contractor regarding the subsurface or physical condition in question. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 20 03-23-2015 4. A Change Order is to be issued by the OAR if Owner and Contractor agree that Contractor is entitled to an adjustment in the Contract Price or Contract Times and agree to the amount or extent of adjustments in the Contract Price or Contract Times. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. E. Contractor is entitled to an equitable adjustment in the Contract Price or Contract Times as provided in Paragraphs 11.04 and 11.05 to the extent that the existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown General Conditions Corpus Christi Standards - Regular Projects 00 72 00-21 03-23-2015 or indicated with reasonable accuracy. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. F. Contractor is not entitled an adjustment in the Contract Price or Contract Times with respect to an existing Underground Facility at the Site if: 1. Contractor knew of the existence of the existing Underground Facility at the Site at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; 2. The existence of the existing Underground Facility at the Site could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or 3. Contractor failed to give notice as required by Paragraph 5.05.6. G. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of adjustments in the Contract Price or Contract Times no later than 30 days after OAR's issuance of OPT's statement to Contractor regarding the Underground Facility. 5.06 Hazardous Environmental Conditions at Site A. The Supplementary Conditions identify: 1. Those reports and drawings known to OPT relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in these reports and drawings. B. Contractor may rely upon the accuracy of the Technical Data contained in reports and drawings relating to Hazardous Environmental Conditions identified in the Supplementary Conditions, but these reports and drawings are not Contract Documents. Except for the reliance on expressly identified Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of these reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor or Contractor's safety precautions and programs related to Hazardous Environmental Conditions; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Any Contractor interpretation of or conclusion drawn from Technical Data or other data, interpretations, opinions, or information. C. The results of tests performed on materials described in environmental reports specifically prepared for the Project and made available to Contractor are defined as Technical Data unless Technical Data has been defined more specifically in the Supplementary Conditions. D. Contractor is not responsible for removing or remediating Hazardous Environmental Conditions encountered, uncovered, or revealed at the Site unless this removal or General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 22 03-23-2015 remediation is expressly identified in the Contract Documents to be within the scope of the Work. E. Contractor is responsible for controlling, containing, and duly removing and remediating Constituents of Concern brought to the Site by Contractor's Team and paying associated costs. 1. Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to Contractor for associated costs if Contractor's Team creates a Hazardous Environmental Condition and Contractor does not take acceptable action to remove and remediate the Hazardous Environmental Condition. 2. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. F. Immediately notify the OAR and take the following action if Contractor uncovers or reveals a Hazardous Environmental Condition at the Site or adjacent areas used by the Contractor's Team that was not created by the Contractor's Team: 1. Secure or otherwise isolate this condition; 2. Stop Work in affected areas or connected with the condition, except in an emergency as required by Paragraph 7.12; and 3. Do not resume Work in connection with the Hazardous Environmental Condition or in affected areas until after OPT has obtained required permits and OAR sends notice to the Contractor: a. Specifying that this condition and affected areas are or have been rendered safe for the resumption of Work; or b. Specifying special conditions under which Work may be resumed safely. 4. Owner may order the portion of the Work that is in the area affected by the Hazardous Environmental Condition to be deleted from the Work following the procedures in Article 11 if Contractor does not agree to: a. Resume the Work based on a reasonable belief it is unsafe; or b. Resume the Work under the special conditions provided by the OAR. 5. Owner may have this deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. G. Contractor may submit a Change Proposal or Owner may impose a set-off if an agreement is not reached within 10 days of OAR's notice regarding the resumption of Work as to whether Contractor is entitled to an adjustment in Contract Price or Contract Times or on the amount or extent of adjustments resulting from this Work stoppage or special conditions under which Contractor agrees to resume Work. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or a Hazardous Environmental Condition uncovered or revealed at the Site. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 23 03-23-2015 ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay, give notice, or take other action to claimants under the Payment Bond. G. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 if Contractor fails to obtain or maintain required Bonds. H. OPT will provide a copy of the Payment Bond to Subcontractors, Suppliers, or other persons or entities claiming to have furnished labor or materials used in the performance of the Work that request this information in accordance with Texas Government Code Chapter 2253. 6.02 Licensed Sureties A. Provide Bonds in the form prescribed by the Contract Documents from sureties named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. B. Provide Bonds required by the Contract Documents from surety companies that are duly licensed or authorized to provide bonds in the State of Texas. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 24 03-23-2015 6.03 Insurance A. Obtain and maintain insurance as required in this Article and in SECTION 00 72 01 INSURANCE REQUIREMENTS. B. Deliver evidence of insurance in accordance with SECTION 00 72 01 INSURANCE REQUIREMENTS to the Owner to demonstrate that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Provide copies of these certificates to each named insured and additional insured as identified in the Supplementary Conditions or otherwise. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Supervise, inspect, and direct the performance of the Work in accordance with the Contract Documents. Contractor is solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. Provide a competent resident superintendent acceptable to the OPT. The resident superintendent or acceptable qualified assistant is to be present at all times when Work is being done. Do not replace this resident superintendent except under extraordinary circumstances. Provide a replacement resident superintendent equally competent to the previous resident superintendent if replacement is required. Notify the Owner prior to replacing the resident superintendent and obtain Owner's consent to the change in superintendent. 7.02 Labor; Working Hours A. Provide competent, suitably qualified personnel to survey and lay out the Work and perform Work to complete the Project. Maintain good discipline and order at the Site. B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. C. Do not perform Work on a Saturday, Sunday, or legal holiday without OAR's consent. The following legal holidays are observed by the Owner: Holiday Date Observed New Year's Day January 1 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 25 03-23-2015 D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal holiday falls on a Sunday, it will be observed the following Monday. E. Pay additional cost incurred by Owner for services of the OAR or RPR to observe Work constructed outside of regular working hours. OAR will issue a Set-off in the Application for Payment for this cost per Paragraph 15.01.6 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract Document. Provide satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment as required by the Contract Documents or as requested by the OAR. C. Store, apply, install, connect, erect, protect, use, clean, and condition materials and equipment in accordance with instructions of the applicable Supplier, unless otherwise required by the Contract Documents. 7.04 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. All Subcontractors and Suppliers must be acceptable to Owner. B. Contractor must retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents. C. Submit a list of proposed Subcontractors and Suppliers to OAR prior to entering into binding subcontracts or purchase orders. These proposed Subcontractors or Suppliers are deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 30 days after receiving this list. D. Contractor is not required to retain Subcontractors, Suppliers, or other individuals or entities to furnish or perform part of the Work after the Effective Date of the Contract if Contractor has reasonable objection. E. Owner may require the replacement of Subcontractors, Suppliers, or other individuals or entities retained by the Contractor. Provide an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. Owner also may require Contractor to retain specific replacements, subject to Contractor's reasonable objections. F. Contractor may be entitled to an adjustment in Contract Price or Contract Times with respect to a replacement of Subcontractors, Suppliers, or other entities required by Owner. The Contractor is not entitled to an adjustment in Contract Price or Contract Time with respect to replacement of any individual deemed unsuitable by the OPT. Notify OAR immediately if a replacement of Subcontractors, Suppliers, or other entity increases the Contract Price or Contract Times. Initiate a Change Proposal for the adjustment within 10 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 26 03-23-2015 days of Owner's notice to replace a Subcontractor, Supplier, or other entity retained by Contractor to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. G. Owner's initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the Contractor to complete the Work in accordance with the Contract Documents. H. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work. I. Contractor is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Contractor is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. K. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OPT through Contractor. L. Contracts between the Contractor and their Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. Contractor is responsible for meeting the requirements of the Contract Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers' Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. M. OPT may furnish information about amounts paid to Contractor for Work provided by Subcontractors or Suppliers to the entity providing the Work. N. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the Contractor's Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the Contractor's Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. Contractor is to include the cost associated with the use of patented or copyrighted products or processes, whether specified or selected by the Contractor, in the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 27 03-23-2015 B. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. 7.06 Permits A. Obtain and pay for construction permits and licenses. OPT is to assist Contractor in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the Contractor's Bid is submitted or when Contractor negotiates the Contract Price. 7.07 Taxes A. Contractor is responsible for all taxes and duties arising out of the Work. The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any city or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Contractor is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. Contractor must comply with all federal regulations governing the exemptions. C. Products incorporated into the Work are exempt from state sales tax according to the provisions of Subchapter H, Chapter 151, of the Texas Tax Code. D. Contractor may not include any amounts for sales, use, or similar taxes for which the Owner is exempt in the Contract Price or any proposed Change Order or Application for Payment. E. Obtain tax exemption certificates or other documentation necessary to establish Owner's exemption from such taxes. 7.08 Laws and Regulations A. Give required notices and comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for monitoring Contractor's compliance with Laws or Regulations except where expressly required by applicable Laws and Regulations. B. Pay costs resulting from actions taken by Contractor that are contrary to Laws or Regulations. Contractor is not responsible for determining that the design aspects of the Work described in the Contract Documents is in accordance with Laws and Regulations. This does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of changes in Laws or Regulations that may affect the cost or time of performance of the Work, including: 1. Changes in Laws or Regulations affecting procurement of permits; and 2. Sales, use, value-added, consumption, and other similar taxes which come into effect after Contractor's Bid is submitted or when Contractor negotiates the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 28 03-23-2015 D. Contractor may submit a Change Proposal or Owner may initiate a Claim within 30 days of this notice if Owner and Contractor are unable to agree on entitlement to or on the amount or extent of adjustments in Contract Price or Contract Times resulting from these changes. 7.09 Safety and Protection A. Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.B caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. F. Comply with the applicable requirements of the Owner's safety program if required to do so in the Supplementary Conditions. A copy of the Owner's safety program will be provided in the Bidding Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 29 03-23-2015 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury, or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately if Contractor believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is required because of the action taken by Contractor in response to this emergency. 7.13 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor's warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. This Contractor's warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage. C. Contractor's obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor's obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; 4. Use or occupancy of part of the Work by Owner; 5. Review and approval of a Shop Drawing or Sample; 6. Inspections, tests, or approvals by others; or 7. Correction of Defective Work by Owner. D. The Contract Documents may require the Contractor to accept the assignment of a contract between the Owner and a contractor or supplier. The specific warranties, guarantees, and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 30 03-23-2015 correction obligations contained in an assigned contract govern with respect to Contractor's performance obligations to Owner for the Work described in an assigned contract. 7.14 Indemnification A. To THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES OR DISPUTE RESOLUTION COSTS, ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK, VIOLATIONS OF LAWS OR REGULATIONS, OR BODILY INJURY, DEATH, OR DESTRUCTION OF TANGIBLE PROPERTY CAUSED BY THE ACTS OR OMISSIONS OF THE CONTRACTOR'S TEAM, REGARDLESS OF WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE CAUSED IN PART BY AN OWNER'S INDEMNITEE HEREUNDER, SUBJECT TO THE OWNER'S DEFENSES AND LIABILITY LIMITS UNDER THE TEXAS TORT CLAIMS ACT. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY AN OWNER'S INDEMNITEE AGAINST A CLAIM, LOSS, DAMAGE OR EXPENSE CAUSED BY THE (I) NEGLIGENCE OR FAULT, (II) BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD OR RULE, OR (III) THE BREACH OF CONTRACT BY AN OWNER'S INDEMNITEE. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES EACH OF OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF AN OWNER'S INDEMNITEE. B. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS, ARISING OUT OF OR RELATING TO: (I) THE FAILURE TO CONTROL, CONTAIN, OR REMOVE A CONSTITUENT OF CONCERN BROUGHT TO THE SITE BY CONTRACTOR'S TEAM OR A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR'S TEAM, (II) CONTRACTOR'S TEAM'S ACTION OR INACTION RELATED TO DAMAGES, DELAYS, DISRUPTIONS, OR INTERFERENCE WITH THE WORK OF OWNER'S EMPLOYEES, OTHER CONTRACTORS, OR UTILITY OWNERS PERFORMING OTHER WORK AT OR ADJACENT TO THE SITE, OR (III) THE CORRECTION OF DEFECTIVE WORK. NOTHING IN THIS PARAGRAPH OBLIGATES THE CONTRACTOR TO INDEMNIFY THE OWNER'S INDEMNITEES FROM THE CONSEQUENCES OF THE OWNER'S AND OWNER'S INDEMNITEES OWN NEGLIGENCE. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES THE OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF OWNER'S INDEMNITEES. C. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS RESULTING FROM INFRINGEMENT ON PATENT RIGHTS OR COPYRIGHTS BY CONTRACTOR'S TEAM TO THE FULLEST EXTENT PERMITTED BY LAW. D. The indemnification obligations under this paragraph are not limited by the amount or type of damages, compensation, or benefits payable by or for members of the Contractor's Team or other individuals or entities under workers' compensation acts, disability benefit acts, or other employee benefit acts in claims against Owner's Indemnitees by an employee or the survivor or personal representative of employee of Contractor's Team. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-31 03-23-2015 E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner's Indemnitees from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner's Indemnitees do not waive any rights to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10 -day period. G. Defense of Indemnification Claims: 1. Assume the defense of the claim with counsel chosen by the Contractor and pay related costs, unless Owner decides otherwise. Contractor's counsel must be acceptable to Owner. Control the defense and any negotiations to settle the claim. Advise Owner's Indemnitees as to its defense of the claim within 10 days after being notified of the indemnification request. Owner's Indemnitees may assume and control the defense If Contractor does not assume the defense. Pay all defense expenses of the Owner's Indemnitees as an indemnified loss. 2. Owner's Indemnitees may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Contractor defends the claim. Contractor may not settle the claim without the consent or agreement of Owner. Contractor may settle the claim with Owner's consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner's Indemnitees to comply with restrictions or limitations that adversely affect Owner's Indemnitees; b. Would require Owner's Indemnitees to pay amounts that Contractor does not fund in full; or c. Would not result in Owner and Owner's Indemnitees' full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 7.15 Delegation of Professional Design Services A. Contractor is not required to provide professional design services unless these services are specifically required by the Contract Documents for a portion of the Work or unless these services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 32 03-23-2015 B. The Contract Documents specify performance and design criteria related to systems, materials, or equipment if professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor. These services or certifications must be provided by the licensed Texas Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor's design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer's review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer's review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor's Work. This other work may be performed by Owner's employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify Contractor of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to Contractor. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. E. Inspect the work of others and immediately notify OAR if the proper execution of part of Contractor's Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of Contractor's Work. Contractor's General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 33 03-23-2015 failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with Contractor's Work. This acceptance does not apply to latent defects or deficiencies in the work of others. F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT, other contractor, or utility owner: 1. Damages the Work or property of Contractor's Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor or utility owner to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor's ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor's Team damages, delays, disrupts, or interferes with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner's contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors or utility owners if damages, delays, disruptions, or interference occur. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 34 03-23-2015 E. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 35 03-23-2015 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 36 03-23-2015 C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing the Contract Documents A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and Contractor may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 37 03-23-2015 2. Change Order: All changes to the Contract Documents that include a change in the Contract Price or the Contract Times for previously authorized Work, or changes to the Work requiring Designer's approval must be made by a Change Order. A Change Order may also be used to establish modifications of the Contract Documents that do not affect the Contract Price or Contract Times. 3. Work Change Directive: A Work Change Directive does not change the Contract Price or the Contract Times, but is evidence that the parties expect that the modifications ordered or documented by a Work Change Directive are to be incorporated in a subsequently issued Change Order following negotiations on the Contract Price and Contract Times. Contractor must submit a Change Proposal seeking an adjustment of the Contract Price or the Contract Times no later than 30 days after the completion of the Work set out in the Work Change Directive if negotiations are unsuccessful under the terms of the Contract Documents governing adjustments, expressly including Paragraphs 11.04 and 11.05. 4. Field Order: Designer may require minor changes in the Work that do not change the Contract Price or Contract Times using a Field Order. OAR may issue a Field Order for non-technical, administrative issues. Submit a Change Proposal if Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times before proceeding with the Work described in the Field Order. B. Perform added or revised Work under the applicable provisions of the Contract Documents for the same or similar Work unless different Drawings, Specifications, or directions are provided in the Modification. 11.02 Owner -Authorized Changes in the Work A. Owner may order additions, deletions, or revisions in the Work at any time as recommended by the Designer to the extent the change: 1. Involves the design as described in the Contract Documents; 2. Involves acceptance of the Work; or 3. Involves other engineering, architectural or technical matters. B. These changes may be authorized by a Modification. Proceed with the Work involved or, in the case of a deletion in the Work, immediately cease construction activities with respect to the deleted Work upon receipt of the Modification. Nothing in this paragraph obligates the Contractor to undertake Work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor is not entitled to an increase in the Contract Price or an extension of the Contract Times with respect to Work performed that is not required by the Contract Documents, except in the case of an emergency as provided in Paragraph 7.12, or in the case of uncovering Work as provided in Paragraph 14.05. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 38 03-23-2015 B. Contractor is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. 11.04 Change of Contract Price A. The Contract Price can only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price is to be determined as follows: 1. By applying unit prices to the quantities of the items involved, subject to the provisions of Paragraph 13.03, where the Work involved is covered by unit prices in the Contract Documents; 2. By a mutually agreed lump sum where the Work involved is not covered by unit prices in the Contract Documents; or 3. Payment on the basis of the Cost of the Work determined as provided in Paragraph 13.01 plus a Contractor's fee for overhead and profit determined as provided in Paragraph 11.04.D when the Work involved is not covered by unit prices in the Contract Documents or the parties do not reach a mutual agreement to a lump sum. C. The original Contract Price may not be increased by more than 25 percent or the limit set out in Texas Local Government Code 252.048 or its successor statute. Owner may decrease the Work by up to 25 percent of the Contract Price without adjusting Contractor's fee. D. Contractor's Fee: Determine the Contractor's fee for overhead and profit as follows: 1. A mutually acceptable fixed fee; or 2. A fee based on the following percentages of the various portions of the Cost of the Work: a. The Contractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2; b. The Contractor's fee is 5 percent for costs incurred under Paragraph 13.01.C.3; c. Fees are to be determined as follows where one or more tiers of subcontracts are used: 1) The Subcontractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2 for the Subcontractor that actually performs the Work at whatever tier; and 2) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor; d. No fee is payable on the basis of costs itemized under Paragraphs 13.01.C.4, and 13.01.D; e. Five percent of the net decrease in the cost is to be deducted for changes which result in a net decrease in Contract Price; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 39 03-23-2015 3. The adjustment in Contractor's fee is based on the net change in accordance with Paragraphs 11.04.D.2.a through 11.04.D.2.e, inclusive when both additions and credits are involved in any one change. 11.05 Change of Contract Times A. The Contract Times can only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. An adjustment of the Contract Times is subject to the limitations described in Paragraph 4.04. 11.06 Change Proposals A. Submit a Change Proposal to the OAR to: 1. Request an adjustment in the Contract Price or Contract Times; 2. Appeal an initial decision by OPT concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; 3. Contest a set-off against payment due; or 4. Seek other relief under the Contract Documents. B. Notify the OAR immediately if a Change Proposal is to be submitted. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. Submit the following as part of the Change Proposal: 1. Any proposed change in Contract Price, Contract Times, or other relief, accompanied by a statement that the requested Change Order is the entire adjustment to which Contractor believes it is entitled; 2. The reason for the proposed change; and 3. Supporting data, accompanied by a statement that the supporting data is accurate and complete. C. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and Contractor's supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The Contractor may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 12. 11.07 Execution of Change Orders A. Owner and Contractor are to execute Change Orders covering: 1. Changes in the Contract Price or Contract Times which are agreed to by Owner and Contractor, including undisputed sums or amount of time for Work actually performed in accordance with a Work Change Directive; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 40 03-23-2015 2. Changes in Contract Price resulting from Owner set -offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, b. Required because Defective Work was accepted under Paragraph 14.04 or Owner's correction of Defective Work under Paragraph 14.07, or c. Agreed to by the Owner and Contractor; and 4. Changes in the Contract Price or Contract Times, or other changes under Paragraph 11.06 or Article 12. B. Acceptance of a Change Order by Contractor constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay, or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by Contractor constitutes conclusive evidence of Contractor's agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor's submission by Owner constitutes neither acceptance nor approval of a Bid, nor a warranty that the Bid will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. A Change Order is deemed to be in full force as if executed by Contractor if the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07. 11.08 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents, or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-41 03-23-2015 ARTICLE 12 — CLAIMS 12.01 Claims A. Follow the Claims process described in this Article for the following disputes between Owner and Contractor: 1. A demand or assertion by Owner to Contractor, submitted in accordance with the requirements of the Contract Documents: a. Seeking an adjustment of Contract Price or Contract Times; b. Contesting an initial decision by Designer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Contesting Designer's decision regarding a Change Proposal; d. Seeking resolution of a contractual issue that OAR has declined to address; or e. Seeking other relief with respect to the terms of the Contract. 2. A demand or assertion by Contractor to Owner, submitted in accordance with the requirements of the Contract Documents: a. Contesting OPT's decision regarding a Change Proposal; or b. Seeking resolution of a contractual issue that OPT has declined to address. 12.02 Claims Process A. Claims must be initiated by written notice. B. Claims by Contractor must be in writing and delivered to the Owner, Designer, and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. C. Claims by Owner must be submitted by written notice to Contractor. D. The responsibility to substantiate a Claim rests with the entity making the Claim. E. In the case of a Claim by Contractor seeking an increase in the Contract Price or Contract Times, Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. F. The entity receiving a Claim is to review the Claim giving full consideration to its merits. The Owner and Contractor are to seek to resolve the Claim through the exchange of information and direct negotiations. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of actions taken on a Claim. G. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after initiation of a Claim. 1. The agreement to mediate suspends the Claim submittal and response process. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 42 03-23-2015 2. Owner or Contractor may unilaterally terminate the mediation process after 60 days from the agreement to mediate and resume the Claim submittal and decision process as of the date of the termination. The Claim process resumes as of the date of the conclusion of the mediation, as determined by the mediator, if the mediation is unsuccessful in resolving the dispute. 3. Owner and Contractor are to each pay one-half of the mediator's fees and costs. H. If the entity receiving a Claim approves the Claim in part or denies it in part, this action is final and binding unless the other entity invokes the procedure described in Article 17 for final resolution of disputes within 30 days of this action. I. Notify the OAR if efforts to resolve the Claim are not successful, and the Claim is denied. A denial of the Claim is final and binding unless the other entity invokes the procedure described in Article 17 for the final resolution of disputes within 30 days of the denial. J. The results of the agreement or action on the Claim is to be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents, the Contract Price, or the Contract Times if the Owner and Contractor reach a mutual agreement regarding a Claim. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 13.01, except those excluded in Paragraph 13.01.D, necessary for the proper performance of the Work. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price under cost-plus, time -and -materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. B. Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment when the value of the adjustment is determined on the basis of the Cost of the Work. C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items: 1. Payroll costs for Contractor's employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 13.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits, which may include: 1) Social security contributions, General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 43 03-23-2015 2) Unemployment, 3) Excise and payroll taxes, 4) Workers' compensation, 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave, vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers' field services. Contractor may retain cash discounts unless Owner provided funds to the Contractor for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining, with the OPT, which bids are acceptable. The Subcontractor's Cost of the Work and fee are determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01 if the subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. 4. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work; b. Costs of materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site including transportation and maintenance costs; c. Costs of hand tools not owned by the workers consumed in the performance of the Work. Costs of hand tools not owned by the workers which are used but not consumed in the performance of the Work and which remain the property of Contractor, less their market value when Work is completed; d. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 44 03-23-2015 e. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; f. Deposits lost for causes other than negligence of Contractor's Team; g. Royalty payments and fees for permits and licenses; h. Cost of additional utilities, fuel, and sanitary facilities at the Site; i. Minor expense items directly required by the Work; and j. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office, for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.C.1 or specifically covered by Paragraph 13.01.C.4. These administrative costs are covered by the Contractor's fee. 2. Office expenses other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the actions of Contractor's Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor's fee. 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner's Indemnitees. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 13.01.C. E. The Contractor's fee is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis. 2. In accordance with Paragraph 11.04.0 for Work covered by a Modification determined on the basis of Cost of the Work. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 45 03-23-2015 data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 13.01. 13.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 13.02.6.1 and 13.02.6.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 13.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR's decision on actual quantities is final and binding, subject to the provisions of Paragraph 13.03.E. E. Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price within 30 days of OAR's decision under Paragraph 13.03.D, if: 1 The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of an item indicated in the Agreement; 2. There is no corresponding adjustment with respect to other items of Work; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 46 03-23-2015 3. Contractor believes it has incurred additional expense as a result of this condition or if Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. 13.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Agreement. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 13.01. The contingency funds are not to be used for the following items: 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Agreement. 2. Rework required to correct Defective Work. 3. Inefficiencies in completing the Work due to the Contractor's selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor's safety procedures and programs as part of providing safe access. 14.02 Tests, Inspections, and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 47 03-23-2015 with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work; 6. For re -inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 14.03 Defective Work A. It is Contractor's obligation to assure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner's special warranties or guarantees when correcting Defective Work. F. Pay claims, costs, losses, and damages arising out of or relating to Defective Work, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work; and 4. Costs of repair or replacement of work of others resulting from Defective Work. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 48 03-23-2015 14.04 Acceptance of Defective Work A. Owner may elect to accept Defective Work instead of requiring correction or removal and replacement of Defective Work provided: 1. This acceptance occurs prior to final payment; 2. Designer confirms that the Defective Work is in general accordance with the design intent and applicable engineering or architectural principles; and 3. Designer confirms that acceptance of the Defective Work does not endanger public health or safety. B. Owner may impose a reasonable set-off against payments due under Article 15 for costs associated with OPT's evaluation of Defective Work to determine if it can be accepted and to determine the diminished value of the Work. Owner may impose a reasonable set-off against payments due under Article 15 if the parties are unable to agree as to the decrease in the Contract Price to compensate Owner for the diminished value of Defective Work accepted. OAR is to issue a Modification for acceptance of the Defective Work prior to final payment. Pay an appropriate amount to Owner if the acceptance of Defective Work occurs after final payment. 14.05 Uncovering Work A. OPT has the authority to require inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. Work that is covered prior to approval of the OAR must be uncovered for OPT's observation if requested by OAR. Pay for uncovering Work and its subsequent restoration unless Contractor has given OAR timely notice of Contractor's intention to cover the Work and OAR fails to act with reasonable promptness in response to this notice. C. Provide necessary labor, material, and equipment and uncover, expose, or otherwise make available the portion of the Work suspected of being Defective for observation, inspection, or testing if OPT considers it necessary or advisable that covered Work be observed by Designer or inspected or tested by others as directed by the OAR. 1. Pay for claims, costs, losses, and damages associated with uncovering, exposing, observing, inspecting, and testing if it is found that the uncovered Work is Defective. Pay costs for correction of Defective Work. Pay for reconstruction, repair, or replacement of work of others if it is found that the uncovered Work is Defective. 2. Submit a Change Proposal for an increase in the Contract Price or an extension of the Contract Times directly attributable to this uncovering, exposure, observation, inspection, testing, and reconstruction if the uncovered Work is found to be not Defective. 14.06 Owner May Stop the Work A. Owner may order Contractor to stop the Work if: 1. The Work is Defective; 2. Contractor fails to supply sufficient skilled workers or suitable materials or equipment; or General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 49 03-23-2015 3. Contractor performs Work that may fail to conform to the Contract Documents when completed. This stop work order is to remain in effect until the reason for the stop work order has been eliminated. Owner's right to stop the Work does not create a duty to exercise this right for the benefit of Contractor's Team or surety. 14.07 Owner May Correct Defective Work A. Owner may remedy the following deficiencies after 7 days' notice to Contractor if: 1. Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by OPT; 2. Contractor fails to perform the Work in accordance with the Contract Documents; or 3. Contractor fails to comply with other provisions of the Contract Documents. B. Owner may: 1. Exclude Contractor from the Site; 2. Take possession of the Work and suspend Contractor's services related to the Work; and 3. Incorporate stored materials and equipment in the Work. C. Allow OPT access to the Site and off Site storage areas to enable Owner to exercise the rights and remedies under this Paragraph 14.07. D. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 are to be charged against Contractor as a set-off against payments due under Article 15. These claims, costs, losses, and damages include costs of repair and the cost of replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's Defective Work. E. Contractor is not allowed an extension of the Contract Times because of delays in the performance of the Work attributable to the exercise of the Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Progress payments are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in the Contract Documents. 1. Progress payments for lump sum Work are to be paid on the basis of the earned value to date at the amounts shown in the Schedule of Values submitted as required by Paragraph 2.03. Final payment will be for the total lump sum amount. 2. Progress payments for Unit Price Work are based on the number of units completed as determined under the provisions of Paragraph 13.03. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 50 03-23-2015 3. Progress payments for Work to be paid on the basis of the Cost of the Work per Paragraphs 13.01, 13.02 and 13.04 are to be paid for Work completed by Contractor during the pay period. B. Reduction in Payment by Owner: 1. Owner is entitled to impose a set-off against payment based on the following: a. Claims made against Owner or costs, losses, or damages incurred by Owner related to: 1) Contractor's conduct in the performance of the Work, including, but not limited to, workplace injuries, non-compliance with Laws and Regulations, or patent infringement; or 2) Contractor's failure to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non-compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; c. Work is Defective, or completed Work has been damaged by Contractor's Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 14.07; e. The Contract Price has been reduced by Change Orders; f. Events have occurred that would constitute a default by Contractor justifying a termination for cause; Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; g. i. Owner has been notified of failure to make payments to Subcontractors, Suppliers, or Employees; Failure to submit up-to-date record documents as required by the Contract Documents; k. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; I. Failure to provide Project photographs required by the Contract Documents; m. Failure to provide Certified Payroll required by the Contract Documents; n. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re -inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; j• General Conditions Corpus Christi Standards - Regular Projects 00 72 00-51 03-23-2015 o. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; q• Other items entitling Owner to a set-off against the amount recommended; or r. Payment would result in an over -payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and Contractor. 3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off. The Owner is to pay the Contractor amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor remedies the reasons for the set-off. Contractor may submit a Change Proposal contesting the set-off. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to the Work, materials, and equipment furnished under the Contract is to pass to Owner free and clear of Liens, title defects, and patent, licensing, copyright, or royalty obligations no later than 7 days after the time of payment by Owner of the Application for Payment which includes these items. 15.03 Substantial Completion A. Notify OAR when Contractor considers the entire Work substantially complete and request a Certificate of Substantial Completion. B. OPT is to inspect the Work after Contractor's notification to determine if the Work is substantially complete. OAR is to either issue the Certificate of Substantial Completion which sets the date of Substantial Completion or notify Contractor of the reasons the Project is not considered to be substantially complete. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 52 03-23-2015 C. The OPT and Contractor are to meet to discuss Owner's use or occupancy of the Work following Substantial Completion. Items to be discussed at this meeting include: 1. Review of insurance policies with respect to the end of the Contractor's coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner; 2. Owner's assumption of responsibility for security, operation, protection of the Work, maintenance, and utilities upon Owner's use or occupancy of the Work; 3. Contractor's obligations for operations and maintenance during performance and acceptance testing; 4. Contractor's access to the Site to complete punch list items; and 5. Procedures for correction of Defective Work during the 1 -year correction period. 15.04 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 15.03 for this part of the Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 15.05 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted under Paragraph 15.04 is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 15.06 Final Payment A. Make Application for Final Payment after completing required corrections identified during the final inspection and delivering items and documents required by the Contract Documents. Provide the following with the final Application for Payment: 1. Consent of Surety to Final Payment acknowledging unsettled disputes; and 2. Certification of Payment of Debts and Claims or Certification of Release of Liens or furnish receipts or releases in full from Subcontractors and Suppliers. B. OAR is to either recommend payment of the final Application for Payment to Owner if OPT is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled or notify the Contractor of the OPT's reasons for not recommending final payment. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 53 03-23-2015 C. The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the OAR's recommendation of payment of the final Application for Payment to Owner and the issuance of a Certificate of Final Completion. D. The Owner is to pay the amount of final payment recommended by the OAR within 30 days after receipt of the final Application for Payment and accompanying documentation from the OAR. 15.07 Waiver of Claims A. The making of final payment does not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after final inspection pursuant to Paragraph 15.05; 3. Contractor's failure to comply with the Contract Documents or the terms of specified special guarantees; or 4. Contractor's continuing obligations under the Contract Documents. B. Contractor waives claims and rights against Owner by accepting final payment with the exception of those Claims made in accordance with the provisions of Article 17 and specifically noted in the Certificate of Final Completion. 15.08 Correction Period A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or longer periods of time prescribed by the terms of the Contract Documents. B. Promptly correct damages to the Site or adjacent areas that Contractor has arranged to use through construction easements or other agreements. Promptly correct damages to Work or the work of others. Make corrections without cost to Owner. C. Owner may have the Defective Work and damages described in Paragraphs 15.08.A and 15.08.6 corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. D. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or systems are placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. The correction period is extended for an additional period of 1 year for Defective Work corrected after the date of Substantial Completion or after the accepted date the correction period starts to run as described in Paragraph 15.08.E. This extended correction period starts to run when Defective Work has been satisfactorily corrected under this Paragraph 15.08. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 54 03-23-2015 G. Contractor's obligations under this Paragraph 15.08 are in addition to other obligations or warranties. The provisions of this Paragraph 15.08 are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to Contractor. This notice fixes the date on which Contractor is to resume Work. Contractor is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; 4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against Contractor, b. Contractor is adjudged as bankrupt or insolvent, c. Contractor or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of Contractor's creditors, or e. A receiver is appointed on account of Contractor's insolvency; 5. Contractor's disregard of Laws or Regulations of public bodies having jurisdiction; or 6. Contractor's repeated disregard of the authority of OPT. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 16.02.A.4. Owner may terminate this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR's request for this information. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 55 03-23-2015 C. Owner may declare Contractor to be in default, give notice to Contractor and surety that the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days' notice that one or more of the events identified in Paragraph 16.02.A has occurred. D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated the Contract for cause. E. Owner may elect not to proceed with termination of the Contract under this Paragraph 16.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. Contractor is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 16.02. The amount of the Contract Price remaining is to be paid to the Contractor if the unpaid balance exceeds the cost to complete the Work. This cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Claims, costs, losses, and damages incurred by Owner are to be reviewed as to their reasonableness and incorporated in a Change Order by OAR. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination does not affect the rights or remedies of Owner against Contractor or against surety under the Payment Bond or Performance Bond. Owner does not release Contractor from liability by paying or retaining money due Contractor. 16.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days' notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 11.04.D.; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. No payment is payable to Contractor for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 56 03-23-2015 ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. The Owner or Contractor may appeal a Claim, approved or denied in part or in full, by: 1. Electing to invoke the dispute resolution process if one is provided for in the Supplementary Conditions; 2. Agreeing with the other party to submit the dispute to a dispute resolution process; or 3. Notifying the other party of the intent to submit the dispute to a court of competent jurisdiction if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to. ARTICLE 18 — MISCELLANEOUS 18.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Saturday, Sunday, or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 18.02 Owner's Right to Audit Contractor's Records A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four (4) years following the completion or termination of the Work, all of Contractor's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents. The audit, examination or inspection may be performed by an Owner designee, which may include its internal auditors or an outside representative engaged by Owner. Contractor agrees to retain its records for a minimum of four (4) years following termination of the Contract, unless there is an ongoing dispute under the Contract, then, such retention period must extend until final resolution of the dispute. As used in these General Conditions, "Contractor written and electronically stored records" include any and all information, materials and data of every kind and character generated as a result of the work under this Contract. Example of Contractor written and electronically stores records include, but are not limited to: accounting data and reports, billings, books, general ledgers, cost ledgers, invoices, production sheets, documents, correspondences, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and state tax filings for any issue in question, along with any and all other agreements, sources of information and matters that may, in Owner's sole judgment, General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 57 03-23-2015 have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. B. Owner agrees to exercise the right to audit, examine or inspect Contractor's records only during regular business hours. Contractor agrees to allow Owner and/or Owner's designee access to all of the Contractor's Records, Contractor's facilities and current or former employees of Contractor, deemed necessary by Owner or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary for Owner or its designees to conduct such audits, inspections or examinations. C. Contractor must include this Section in any Subcontractor, supplier or vendor contract. 18.03 Independent Contractor A. Contractor is to perform its duties under this Contract as an independent contractor. The Contractor's Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting Contractor's Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership, or formal business organization of any kind. 18.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or Contractor by these General Conditions are in addition to, and are not a limitation of, the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 18.03 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.05 Limitation of Damages A. Owner's Indemnitees are not liable to Contractor for claims, costs, losses, or damages sustained by Contractor's Team associated with other projects or anticipated projects. 18.06 No Waiver A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision, affect the enforceability of that provision, or the enforceability of the remainder of this Contract. 18.07 Severability A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable, that part is to be severed and the remainder of this Contract continues in full force. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 58 03-23-2015 18.08 Survival of Obligations A. Representations, indemnifications, warranties, guarantees, and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. 18.09 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries by entering into this Contract. 18.10 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the consent of the Owner. 18.11 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. 18.12 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 18.13 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary, Contractor will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. 18.14 Waiver of Trial by Jury A. Owner and Contractor agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 18.15 Attorney Fees A. The Parties expressly agree that, in the event of litigation, all parties waive rights to payment of attorneys' fees that otherwise might be recoverable, pursuant to the Texas Civil Practice and Remedies Code Chapter 38, Texas Local Government Code §271.153, the Prompt Payment Act, common law or any other provision for payment of attorney's fees. 18.16 Compliance with Laws A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas Architectural Barriers Act and all regulations relating to either statute. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 59 03-23-2015 B. Comply with all applicable federal, state, and city laws, rules and regulations. 18.17 Enforcement A. The City Manager or designee and the City Attorney or designee, are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 18.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason funds are not appropriated in any given year, the Owner may direct immediate suspension or termination of the Contract, with no additional liability to the Owner. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contractor may request payment for reasonable demobilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 18.19 Contract Sum A. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total maximum not -to -exceed amount payable by Owner to Contractor for performance of the Work under the Contract Documents. Contractor accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the Corpus Christi City Council. If funds are not available and/or appropriated, this Contract shall immediately be terminated with no liability to any party to this Contract. 18.20 Contractor's Guarantee as Additional Remedy A. The Contractor's guarantee is a separate and additional remedy available to benefit the Owner. Neither the guarantee nor the expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the Owner for any claims or causes of action against the Contractor or any other individual or entity. END OF SECTION General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 60 03-23-2015 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1— INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises - Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate Business Automobile Liability - Owned, Non -Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. $2,000,000 Per Claim • Required © Not Required Builder's Risk (All Perils including Collapse) Equal to Contract Price • Required © Not Required Installation Floater Equal to Contract Price • Required © Not Required Owner's Protective Liability Equal to Contractor's liability insurance • Required i7 Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. Insurance Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007201-1 Rev 01-13-2016 B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A -VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01- 2 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care, custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and Insurance Requirements 00 72 01- 3 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first -dollar liability coverage as needed F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third -party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01- 4 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that Insurance Requirements 00 72 01- 5 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner -furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional Insurance Requirements 00 72 01- 6 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2 — EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of "Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01- 7 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi — Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3 — TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. Insurance Requirements 00 72 01- 8 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 2. Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Insurance Requirements 00 72 01- 9 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01- 10 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 00 72 02 WAGE RATE REQUIREMENTS ARTICLE 1— PREVAILING WAGE RATE REQUIREMENTS 1.01 PAYMENT OF PREVAILING WAGE RATES A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. B. Contractor is required to pay Davis -Bacon Wage Rates. 1.02 RECORDS A. In accordance with Tex. Gov't Code §2258.024, the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 1.03 LIABILITY; PENALTY; CRIMINAL OFFENSE A. Tex. Gov't Code §2258.003 — Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex. Gov't Code §2258.053(b) — Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258, shall pay to the Owner, on whose behalf the Contract is made, $60 for each worker employed or each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov't Code §2258.058 — Criminal Offense: 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor, or an agent or representative of the Contractor or Subcontractor, commits an offense if the person violates Tex. Gov't Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed 6 months; or c. Both a fine and confinement. 1.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007202-1 REV 06-12-2015 Wage Determination Construction Type Project Type (WD) No TX -31 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TX -40 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: The wage rate schedule is attached herewith. Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007202-2 REV 06-12-2015 General Decision Number: TX160031 01/08/2016 TX31 Superseded General Decision Number: TX20150031 State: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 SUTX1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting) $ 9.05 Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007202-3 REV 06-12-2015 Concrete Finisher $ 7.56 Laborers: Common $ 7.25 Utility $ 7.68 Power equipment operators: Backhoe $ 9.21 Motor Grader $ 8.72 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007202-4 REV 06-12-2015 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007202-5 REV 06-12-2015 Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007202-6 REV 06-12-2015 Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007202-7 REV 06-12-2015 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007202-8 REV 06-12-2015 General Decision Number: TX160040 01/08/2016 TX40 Superseded General Decision Number: TX20150040 State: Texas Construction Type: Highway Counties: Aransas, Calhoun, Goliad, Nueces and San Patricio Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 SUTX2011-010 08/08/2011 Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007202-9 REV 06-12-2015 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving & Structures)...$ 12.64 FORM BUILDER/FORM SETTER Paving & Curb $ 10.69 Structures $ 13.61 LABORER Asphalt Raker $ 11.67 Flagger $ 8.81 Laborer, Common $ 10.25 Laborer, Utility $ 11.23 Work Zone Barricade Servicer $ 11.51 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 14.25 Asphalt Paving Machine $ 13.44 Mechanic $ 17.00 Motor Grader, Fine Grade$ 17.74 Motor Grader, Rough $ 16.85 TRUCK DRIVER Lowboy -Float $ 16.62 Single Axle $ 11.61 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 00 72 02-10 REV 06-12-2015 the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 00 72 02-11 REV 06-12-2015 Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed the published rate is rate based on all the for this classification in the survey and derived by computing a weighted average rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union the rates rates. Example: SULA2012-007 5/13/2014. SU indicates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 00 72 02-12 REV 06-12-2015 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 00 72 02-13 REV 06-12-2015 Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 00 72 02-14 REV 06-12-2015 END OF SECTION Wage Rate Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 00 72 02-15 REV 06-12-2015 00 72 03 MINORITY / MBE / DBE PARTICIPATION POLICY ARTICLE 1— PARTICIPATION POLICY 1.01 POLICY A. It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women, and Minority Business Enterprises (MBE) to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 1.02 DEFINITIONS A. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. B. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials, or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned: a. For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. b. For an enterprise doing business as a partnership, at least 51 percent of the assets or interest in the partnership property must be owned by one or more minority person(s). c. For an enterprise doing business as a corporation, at least 51 percent of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled: a. The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments: a. Minority partners, proprietors, or stockholders of the business enterprise, must be entitled to receive 51 percent or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. Minority / MBE / DBE Participation Policy Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007203-1 Rev 01-13-2016 D. Minority: Minority persons include Blacks, Mexican -Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this policy, women are also considered as minorities. E. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51 percent of whose assets or partnership interests are owned by one or more women, or a corporation at least 51 percent of whose assets or interests in the corporate shares are owned by one or more women. F. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the Work to be performed by the joint venture. For example, a joint venture which is to perform 50 percent of the Work itself and in which a minority joint venture partner has a 50 percent interest, shall be deemed equivalent to having minority participation in 25 percent of the Work. Minority members of the joint venture must have financial, managerial, or technical skills in the Work to be performed by the joint venture. 1.03 GOALS A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction Work for the Contract award shall be as specified in SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS. B. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved Change Orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 1.04 COMPLIANCE A. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. B. Make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. END OF SECTION Minority / MBE / DBE Participation Policy Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007203-2 Rev 01-13-2016 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1— DEFINITIONS AND TERMINOLOGY SC -1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi, Texas ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK SC -4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 20 rain days have been set for this Project. An extension of time due to rain days will be considered only after 20 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule Supplementary Conditions Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007300-1 11-25-2013 resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC -5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: a. Subsurface Investigation, Laboratory Testing Program and Pavement Recommendations for the proposed Swantner Park Sidewalk (RETL Job No. G115204), published by Rock Engineering & Testing Laboratory Inc, dated October 23, 2015 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: a. Ocean Drive Park Improvements — Swantner Park Repairs — Phase 1 (Project Number E14049), published by HDR Engineering, Inc., dated June 05, 2015 - The Contractor may rely on the following Technical Data in using this document: 1) All information presented with regard to material type and general location. b. Swantner Park Bulkhead — Engineering Inspection Report (Project Number E11086), published by CH2MHILL, dated February 27, 2012 - The Contractor may rely on the following Technical Data in using this document: 1) All information presented with regard to material type and general location. SC -5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. Delete Paragraph 5.06 entirely and insert the following: "5.06 Hazardous Environmental Conditions at Site A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES SC -7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." END OF SECTION Supplementary Conditions Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 007300-2 11-25-2013 DIVISION 01 GENERAL REQUIREMENTS Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 01 1100 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct Work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the Project completely and fully useable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete Project. 3. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OAR. 1.02 DESCRIPTION OF WORK A. Work is described in general, non-inclusive terms as: 1. Selective repairs to the 2,115 -foot long seawall concrete sheet pile bulkhead wall; Void -filling of the soil retained by the sheet pile wall with Controlled Low -Strength Material (CLSM); Demolition of sidewalks that run parallel to the seawall; Subgrade preparation, and installation of new reinforced concrete sidewalks, including curb and gutter; HMAC patches that will be impacted by sidewalk installation; Demolition and replacement of miscellaneous items, including wheel stops, garbage cans, and bollards; Placing and grading soil adjacent to sidewalk for sodding placement; Installation and maintenance of BMPs; including all appurtenances and associated work in accordance with the plans, specifications, and contract documents. 1.03 WORK UNDER OTHER CONTRACTS A. The following items of work are not included in this Contract, but may impact construction scheduling and completion: 1. NONE. B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Proposal on the most expensive listing. C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. Summary of Work Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 011100-1 Rev 01-13-2016 1.04 WORK BY OWNER A. The Owner plans to perform the following items of work which are not included in this Contract, but may impact the construction scheduling and completion: 1. NONE. B. Completion of the Work described in this Contract may impact the construction of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. C. Owner will provide normal operation and maintenance of the existing facilities during construction, unless otherwise stated. 1.05 CONSTRUCTION OF UTILITIES A. Pay for temporary power, including but not limited to construction cost, meter connection fees, and permits. 1.06 USE PRIOR TO FINAL COMPLETION A. Owner has the right to use or operate any portion of the Project that is ready for use after notifying the Contractor of its intent to do so. B. The execution of Bonds is understood to indicate the consent of the surety to these provisions for use of the Project. C. Provide an endorsement from the insurance carrier permitting use of Project during the remaining period of construction. D. Conduct operations to insure the least inconvenience to the Owner and general public. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Summary of Work Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 011100-2 Rev 01-13-2016 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate, and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. Allowances: 1. Include specified allowance amount in the Contract Price. 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. c. Applicable taxes. 3. Include in the Contract Price all costs for: a. Handling at the Site, including unloading, uncrating, and storage per SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION. b. Cost for labor and equipment for installation and finishing. c. Cost for related products not specifically listed in the allowance required for installation, including consumable supplies and materials. d. All overhead, profit, and related costs. 4. Assist Owner in the selection of products. a. Identify qualified Suppliers. b. Obtain bids from qualified Suppliers. c. Present available alternates to the Owner through the OAR. Notify OAR of: 1) Any objections to a particular Supplier or product. Alternates and Allowances Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012310-1 11-25-2013 2) Effect on the Construction Schedule anticipated by the selection of each option. 3) Cost of each option. 5. Upon selection of the product: a. Purchase and install the product. b. Contractor's responsibilities for products shall be the same as for products selected by the Contractor. 6. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to adjust Contract Price if the net cost of the product is more or less than the specified amount. a. Adjust the unit cost applied to the quantities installed per the method of payment described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES for products specified as Unit Price Work. b. Do not perform Work until selection of alternate has been approved by the Owner. c. Provide actual invoices for the materials. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. 1.03 DESCRIPTION OF ALTERNATES A. Alternate A - [NONE] 1.04 DESCRIPTION OF ALLOWANCES A. Allowance A — Based on the underwater inspection, this ALLOWANCE provides a UNIT PRICE (per LS) cost for each unanticipated repair above the currently identified gaps to be repaired. B. Allowance B —This ALLOWANCE provides a UNIT PRICE (per LS) cost for the additional unanticipated number of cubic yards of CLSM that will be required to fill the voids beneath the existing seawall. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012310-2 11-25-2013 01 29 00 APPLICATION FOR PAYMENT PROCEDURES 1.00 GENERAL 1.01 WORK INCLUDED A. Submit Applications for Payment for completed Work and for materials and equipment in accordance with the General Conditions, the Supplementary Conditions, the Agreement, and this Section. The Contract Price is to include costs for: 1. Providing the Work in accordance with the Contract Documents; 2. Commissioning, start-up, training and initial maintenance and operation; 3. Acceptance testing in manufacturer's facilities or on Site; 4. All home office overhead costs and expenses, including profit made directly or indirectly for the Project; 5. Project management, Contract administration, field office, and field operations staff, including supervision, clerical support, and technology system support; 6. Professional services including design fees, legal fees, and other professional services; 7. Bonds and insurance; 8. Permits, licenses, patent fees, and royalties; 9. Taxes; 10. Providing all documents and Samples required by the Contract Documents; 11. Facilities and equipment at the Site including: a. Field offices, office furnishings, and all related office supplies, software, and equipment, b. Storage facilities for Contractor's use, storage facilities for stored materials and equipment, including spare parts storage, c. Shops, physical plant, construction equipment, small tools, vehicles, technology and telecommunications equipment, d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site, e. Temporary facilities for power and communications, f. Potable water and sanitation facilities, and g. Mobilization and demobilization for all of these facilities and equipment; 12. Products, materials, and equipment stored at the Site or other suitable location; 13. Products, materials, and equipment permanently incorporated into the Project; 14. Temporary facilities for managing water, including facilities for pumping, storage, and treatment as required for construction and protection of the environment; Application for Payment Procedures Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012900-1 03-11-2015 15. Temporary facilities for managing environment conditions and Constituents of Concern; 16. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project; 17. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features; 18. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features; 19. Products, materials, and equipment consumed during the construction of the Project; 20. Contractor labor and supervision to complete the Project, including that provided through Subcontractors or Suppliers; 21. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents; 22. Risk associated with weather and environmental conditions, start-up, and initial operation of facilities including equipment, processes, and systems; 23. Contractor's safety programs, including management, administration, and training; 24. Maintenance of facilities, including equipment, processes, and systems until operation is transferred to Owner; 25. Providing warranties, extended or special warranties, or extended service agreements; 26. Cleanup and disposal of any and all surplus materials; and 27. Demobilization of all physical, temporary facilities not incorporated into the Project. B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price. C. Provide written approval of the surety company providing Bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. Submit approval using the Consent of Surety Company to Payment Procedures form provided. Payment will not be made without this approval. D. OAR may withhold processing Applications for Payment if any of the following processes or documentation are not up to date: 1. Progress Schedule per SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. 2. Project photographs per SECTION 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 3. Record Documents per SECTION 01 31 13 PROJECT COORDINATION. 4. Documentation required to comply with Owner's Minority / MBE / DBE Participation Policy. Application for Payment Procedures Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012900-2 03-11-2015 1.02 SCHEDULE OF VALUES A. Submit a detailed Schedule of Values for the Work at least 10 days prior to submitting the first Application for Payment. B. Submit the Schedule of Values in the form for Attachment A - Tabulation of Earned Value of Original Contract Performed. C. Do not submit an Application for Payment until the Schedule of Values has been approved by the OAR. D. Use each unit price line item in the Agreement as a unit price line item in the Schedule of Values. E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials, or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor's overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. F. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other cost associated with the item in the Agreement. The sum of the two components must equal the value of the line item in the Schedule of Values. G. Where a percentage of the line value is allowed for a specified stage of completion, show the value for each stage of completion as a component of that line item cost. Application for Payment Procedures Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012900-3 03-11-2015 1.03 SCHEDULE OF ANTICIPATED PAYMENTS AND EARNED VALUE A. Submit a schedule of the anticipated Application for Payments showing the application numbers, submission dates, and the anticipated amount to be requested. Incorporate retainage into the development of this schedule of anticipated payments. B. Submit a tabulation of the anticipated Total Earned Value of Fees, Work, and Materials to create a graphic (curve) representation of the anticipated progress on the Project each month. Adjust this table and curve to incorporate Modifications. Use this curve to compare actual progress on the Project each month by comparing the anticipated cumulative Total Earned Value of Fees, Work, and Materials to the actual Total Earned Value of Fees, Work, and Materials each month. Use the comparison of values to determine performance on budget and schedule. C. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed. 1.04 BASIS FOR PAYMENTS A. Lump Sum Contracts: 1. Payment will be made for the earned value of Work completed during the payment period expressed as a percentage of Work completed for each line item during the payment period per the Contract Documents. 2. Payment amount is the value of Work completed per the Contract Documents multiplied by the percentage of Work completed. 3. Payment for lump sum items divided into an estimated number of units to determine earned value per Paragraph 1.02.E.3 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 1.05. B. Unit Price Contracts: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Agreement. b. Payment for stored materials and equipment will be made per Paragraph 1.05. 2. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 1.05 PAYMENT FOR STORED MATERIALS AND EQUIPMENT. A. Store materials and equipment properly at the Site. Application for Payment Procedures Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012900-4 03-11-2015 1. Payment will be made for the invoice amount less the specified retainage. 2. Payment for materials and equipment show in the Application for Payment on Attachment A or Attachment B - Tabulation of Work on Approved Contract Modifications will be made for the invoice amount, up to the value show in the Schedule of Values for that line item. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be added to other line items. 3. Payment will be made in full for the value shown in the line item for products and materials if invoices for materials and equipment are less than the amount shown in the line item and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item. 4. Provide invoices at the time materials are included on Attachment D - Tabulation of Values for Materials and Equipment. Include invoice numbers on Attachment D so that a comparison can be made between invoices and amounts included on Attachment D. B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the tabulation of materials and equipment if this documentation is not provided. Payment will not be made for material and equipment without documentation of payment. C. Contractors can be paid for non-perishable materials on hand stored at the site, provided that invoices are furnished to the City for verification of the material value; and provide documents, satisfactory to the City, that show that the material supplier has been paid for the materials delivered to the work site. D. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest. E. The Work covered by progress payments becomes the property of the Owner at the time of payment. The Contractor's obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until accepted in accordance with the General Conditions. F. Payment for materials and equipment does not constitute acceptance of the product. 1.06 ALTERNATES AND ALLOWANCES A. Include amounts for specified Alternate Work in the Agreement in accordance with SECTION 01 23 10 ALTERNATES AND ALLOWANCES. B. Include amounts for specified Allowances for Work in the Agreement in accordance with SECTION 01 23 10 ALTERNATES AND ALLOWANCES. 1.07 RETAINAGE AND SET -OFFS A. Retainage will be withheld from each Application for Payment per the Agreement. Retainage will be released per the General Conditions. Application for Payment Procedures Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012900-5 03-11-2015 B. Reduce payments for set -offs per the General Conditions. Include Attachment C — Tabulation of Set -Offs in the Application for Payment. 1.08 PROCEDURES FOR SUBMITTING AN APPLICATION FOR PAYMENT A. Submit a draft Application for Payment to the OAR each month at least 20 days before the date established in the Agreement for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the OAR to determine concurrence with: 1. The earned value for each lump sum item including the value of properly stored and documented materials and equipment for each item in the original Contract. 2. The quantity of Work completed for each unit price item. 3. Set -offs included in the Application for Payment. 4. Values requested for materials and equipment consistent with invoices for materials and equipment. B. Submit Applications for Payment monthly through the OAR after agreement has been reached on the draft Application for Payment. 1. Number each application sequentially and include the dates for the application period. 2. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage, and set- offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. 4. Include Attachment B to show the earned value on line item for approved Change Orders. Add items to Attachment B as Change Orders are approved. Change Orders must be approved before payment can be made on Change Order items. 5. Include Attachment C to document set -offs required per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the Set off amount if a payment held by a set-off is released for payment. 6. Include Attachment D to allow tracking of invoices used to support amounts requested as materials in Attachments A and B. Enter materials to show the amount of the invoice assigned to each item in Attachment A or B if an invoice includes materials used on several line items. 7. Complete the certification stating that all Work, including materials and equipment, covered by this Application for Payment have been completed or delivered and stored in accordance with the Contract Documents, that all amounts have been paid for Work, materials, and equipment for which previous payments have been made by the Owner, and that the current payment amount shown in this Application for Payment is now due. Application for Payment Procedures Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012900-6 03-11-2015 C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. 2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 1.09 RESPONSIBILITY OF OWNER'S AUTHORIZED REPRESENTATIVE A. OAR will review draft Application for Payment with Contractor to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by Contractor to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. C. OAR is to either recommend payment of the Application for Payment to Owner or notify the Contractor of the OPT's reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment if it is not recommended within 10 days after receipt of the notice. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR's recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. E. This representation is subject to: 1. Further evaluation of the Work as a functioning whole; 2. The results of subsequent tests called for in the Contract Documents; or 3. Any other qualifications stated in the recommendation. F. OPT does not represent by recommending payment: 1. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or 2. Other matters or issues between the parties that might entitle Contractor to additional compensation or entitle Owner to withhold payment to Contractor may or may not exist. G. Neither OPT's review of Contractor's Work for the purposes of recommending payments nor OAR's recommendation of payment imposes responsibility on OPT: 1. To supervise, direct, or control the Work; Application for Payment Procedures Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012900-7 03-11-2015 2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs; 3. For Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; 4. To make examinations to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price; or 5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens. 1.10 FINAL APPLICATION FOR PAYMENT A. Include adjustments to the Contract Price in the final Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Allowances not previously adjusted by Change Order, 3. Deductions for Defective Work that has been accepted by the Owner, 4. Penalties and bonuses, 5. Deductions for liquidated damages, 6. Deduction for all final set -offs, and 7. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. C. Submit the final Application for Payment per the General Conditions, including the final Change Order. Provide the following with the Final Application for Payment: 1. Evidence of payment or release of liens on the forms provided and as required by the General Conditions. 2. Consent from Surety to Final Payment. 1.11 PAYMENT BY OWNER A. Owner is to pay the amount recommended for monthly payments within 30 days after receipt of the OAR's recommended Application for Payment. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Application for Payment Procedures Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012900-8 03-11-2015 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1 - Mobilization: 1. Include the following costs in this Bid item: a. Bonds and insurance; b. Transportation and setup for equipment; c. Transportation and/or erection of all field offices, sheds, and storage facilities; d. Salaries for preparation of documents required before the first Application for Payment; e. Salaries for field personnel assigned to the Project related to the mobilization of the Project; f. Demobilization; and g. Mobilization may not exceed 5 percent of the total Contract Price. Measurement and Basis for Payment Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012901-1 Rev 01-13-2016 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. B. Bid Item C-1— Underwater Inspection and Report: 1. Include the following costs in this Bid item: a. Underwater survey of concrete sheet interlock gaps and holes b. Preparation of written report identifying location, size (length, diameter, etc.) of any gaps or holes found during underwater survey 2. Measuring for payment is on a lump sum basis. Payment will be based on the earned value of Work completed. C. Bid Item C-2 - Repair/Fill Gaps between Concrete Sheets: 1. Include the following costs in this Bid item: a. Repair of all interlocks and holes in the sheet piles as indicated on drawings 2. Measuring for payment is on a linear foot basis. Payment will be based on the earned value of Work completed. D. Bid Item C-3 - Divers for first CLSM placement: 1. Include the following costs in this Bid item: a. Divers in the water monitoring the seawall for leaking CLSM b. Labor and material associated with stopping and leaks that were discovered 2. Measuring for payment is on a lump sum basis. Payment will be based on the earned value of Work completed. E. The basis of measurement and payment for other Bid Items shall be as described in specification sections and/or the Bid Form. 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR ALTERNATES AND ALLOWANCES A. Bid Item C-3 — ALLOWANCE A — Repair Additional Gaps between Concrete Sheets 1. Include the following tasks in this Bid item: a. Repair of all interlocks and holes in the sheet piles that were identified in the Underwater Inspection and Report, but not identified in the drawings. 2. Measuring for payment is on a linear foot basis and the unit price for payment is based upon the contractor's unit price specified in bid item C-2. Payment will be based on the earned value of Work completed. B. Bid Item C-5 — ALLOWANCE B — Install additional CLSM fill below seawall 1. Include the following tasks in this Bid item: a. Additional material required to fill the voids beyond the volume shown in bid item C-4. All work required to place the CLSM shall be included in the unit price. Measurement and Basis for Payment Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012901-2 Rev 01-13-2016 2. Measuring for payment is on a cubic yard basis and the unit price for payment is based upon the contractor's unit price specified in bid item C-4. Payment will be based on the earned value of Work completed. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 012901-3 Rev 01-13-2016 0131 13 PROJECT COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Administer Contract requirements to construct the Project. Provide documentation per the requirements of this Section. Provide information as requested by the OPT. 1.02 DOCUMENT SUBMITTAL A. Provide documents in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. B. Use the forms provided for Contract administration, applications for payment, document submittals, documentation of test results, equipment installation and documentation, and Project closeout. A digital copy of the required forms will be provided to the Contractor before or at the pre -construction conference. 1.03 COMMUNICATION DURING THE PROJECT A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. C. The OAR will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the OAR at the address indicated at the pre -construction conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Contract title. 4. Project number. 5. Date. 6. A reference statement. E. Submit communications on the forms referenced in this Section or in SECTION 01 33 00 DOCUMENT MANAGEMENT. Project Coordination Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013113-1 11-25-2013 1.04 PROJECT MEETINGS A. Pre -Construction Conference: 1. Attend a pre -construction conference. 2. The location of the conference will be determined by the OAR. 3. The time of the meeting will be determined by the OAR but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued. 4. The OPT, Contractor's project manager and superintendent, representatives of utility companies, and representatives from major Subcontractors and Suppliers may attend the conference. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. b. Schedule of Values and anticipated Schedule of Payments per SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES. c. List of Subcontractors and Suppliers. d. Contractor's organizational chart as it relates to this Project. e. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, Contract Modifications, and payment requests. B. Progress Meetings: 1. Attend meetings with the OAR and Owner. a. Meet on a monthly basis or as requested by the OAR to discuss the Project. b. Meet at the Site or other location as designated by the OAR. c. Contractor's superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. d. Notify the OAR of any specific items to be discussed a minimum of 1 week prior to the meeting. 2. Provide information as requested by the OAR or Owner concerning this Project. Prepare to discuss: a. Status of overall Project schedule. b. Contractor's detailed schedule for the next month. c. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of documents. f. Information or clarification of the Contract Documents. g. Claims and proposed Modifications to the Contract. Project Coordination Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013113-2 11-25-2013 h. Field observations, problems, or conflicts. i. Maintenance of quality standards. 3. OAR will prepare minutes of meetings. Review the minutes of the meeting and notify the OAR of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in the minutes of the following meeting or as an attachment to the minutes. C. Pre- Submittal and Pre -Installation Meetings: 1. Conduct pre -submittal and pre -installation meetings as required in the individual technical Specifications or as determined necessary by the OAR (for example, instrumentation, roofing, concrete mix design, etc.). 2. Set the time and location of the meetings when ready to proceed with the associated Work. Submit a Notification by Contractor in accordance with Paragraph 1.07 for the meeting 2 weeks before the meeting. OPT must approve of the proposed time and location. 3. Attend the meeting and require the participation of appropriate Subcontractors and Suppliers in the meeting. 4. Prepare minutes of the meeting and submit to the OPT for review. OPT will review the minutes of the meeting and notify the Contractor of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in a revised set of meeting minutes. 1.05 REQUESTS FOR INFORMATION A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per SECTION 01 31 14 CHANGE MANAGEMENT if the RFI indicates that a Contract Modification is required. D. Use the Project Issues Log to document decisions made at meetings and actions to be taken in accordance with Paragraph 1.06. E. Use the Action Item Log to document assignments for actions to be taken in accordance with Paragraph 1.06. Project Coordination Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013113-3 11-25-2013 1.06 DECISION AND ACTION ITEM LOG A. OAR will maintain a Project Decision Log to document key decisions made at meetings, telephone conversation or Site visits using the format provided: 1. Review the log prior to each regular meeting. 2. Report any discrepancies to the OAR for correction or discussion at the next monthly meeting. B. OAR will maintain an Action Item log in conjunction with the Project Decision Log to track assignments made at meetings, telephone conversation, or Site visits using the format provided: 1. Review the Action Item Log prior to each regular meeting. 2. Report actions taken subsequent to the previous progress meeting on items in the log assigned to the Contractor or through the Contractor to a Subcontractor or Supplier to the OAR. Report on status of progress 1 week prior to each progress meeting established in Paragraph 1.04 to allow OAR to update the log prior to the Progress meetings. 3. Be prepared to discuss the status at each meeting. C. Decisions or action items in the log that require a change in the Contract Documents will have the preparation of a Modification as an action items if appropriate. The Contract Documents can only be changed by a Modification. 1.07 NOTIFICATION BY CONTRACTOR A. Notify the OAR of: 1. Need for testing. 2. Intent to work outside regular working hours. 3. Request to shut down facilities or utilities. 4. Proposed utility connections. 5. Required observation by OAR, Designer, or inspection agencies prior to covering Work. 6. Training. B. Provide notification a minimum of 2 weeks in advance in order to allow OPT time to respond appropriately to the notification. C. Use "Notification by Contractor" form provided. 1.08 RECORD DOCUMENTS A. Maintain at the Site one complete set of printed Record Documents including: 1. Drawings. 2. Specifications. 3. Addenda. 4. Modifications. Project Coordination Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013113-4 11-25-2013 5. Record Data and approved Shop Drawings. 6. Construction photographs. 7. Test Reports. 8. Clarifications and other information provided in Request for Information responses. 9. Reference standards. B. Store printed Record Documents and Samples in the Contractor's field office. 1. Record Documents are to remain separate from documents used for construction. 2. Provide files and racks for the storage of Record Documents. 3. Provide a secure storage space for the storage of Samples. 4. Maintain Record Documents in clean, dry, legible conditions, and in good order. 5. Make Record Documents and Samples available at all times for inspection by the OPT. C. Maintain a digital record of Specifications and Addenda to identify products provided in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. D. Maintain a digital record of Drawings in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. 3. Record information as construction is being performed. Do not conceal any Work until the required information is recorded. 4. Mark Drawings to record actual construction, including the following: a. Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. b. Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. c. Location of utilities and appurtenances concealed in the Work. Refer measurements to permanent structures on the surface. Include the following equipment: 1) Piping. 2) Ductwork. 3) Equipment and control devices requiring periodic maintenance or repair. 4) Valves, unions, traps, and tanks. 5) Services entrance. 6) Feeders. Project Coordination Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013113-5 11-25-2013 7) Outlets. d. Changes of dimension and detail. e. Changes by Modifications. f. Information in Request for Information or included in the Project Issues Log. g. Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to REIs. 5. Mark Drawings with the following colors: a. Highlight references to other documents, including Modifications in blue; b. Highlight mark ups for new or revised Work (lines added) in yellow; c. Highlight items deleted or not installed (lines to be removed) in red; and d. Highlight items constructed per the Contract Documents in green. 6. Submit Record Documents to Designer for review and acceptance 30 days prior to Final Completion of the Project. E. Applications for Payment will not be recommended for payment if Record Documents are found to be incomplete or not in order. Final payment will not be recommended without complete Record Documents. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Project Coordination Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013113-6 11-25-2013 0131 14 CHANGE MANAGEMENT 1.00 GENERAL 1.01 REQUESTS FOR CHANGE PROPOSAL A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 1.02 to the Designer for evaluation by the OPT. 1.02 CHANGE PROPOSALS A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outline in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Change Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013114-1 11-25-2013 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self -performed Work. e. Submit Change Proposals that comply with Article 13 of the General Conditions for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with SECTION 01 33 02 SHOP DRAWINGS. 1.03 DESIGNER WILL EVALUATE THE REQUEST FOR A MODIFICATION. A. Designer will issue a Modification per the General Conditions if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. 1.04 EQUAL NON SPECIFIED PRODUCTS A. The products of the listed Suppliers are to be furnished where Specifications list several manufacturers but do not specifically list "or equal" or "or approved equal" products. Use of any products other than those specifically listed is a substitution. Follow the procedures in Paragraph 1.05 for a substitution. B. Contractor may submit other manufacturers' products that are in full compliance with the Specification where Specifications list one or more manufacturers followed by the phase "or equal" or "or approved equal." 1. Submit a Shop Drawing as required by SECTION 01 33 02 SHOP DRAWINGS to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the OPT's responsibility to prove the product is not equal. Change Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013114-2 11-25-2013 a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information. Provide this printed material with the Shop Drawing. c. The decision of the Designer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner and result in the same process as the specified product. Will provide the same warranties and/or bonds as for the product specified. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 4. A Change Proposal is not required for any product that is in full compliance with the Contract Documents. If the product is not in full compliance, it may be offered as a Substitution. c. d. 1.05 SUBSTITUTIONS A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 1.02 along with a Shop Drawing as required by SECTION 01 33 02 SHOP DRAWINGS to request approval of a substitution. B. Prove that the product is acceptable as a substitute. It is not the Designer's responsibility to prove the product is not acceptable as a substitute. 1. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. 2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the documents submitted. 3. The decision of the Designer regarding the acceptability of the proposed substitute product is final. C. Provide a written certification that, in making the substitution request, the Contractor: 1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. Change Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013114-3 11-25-2013 2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product. 3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. 4. Will maintain the same time schedule as for the specified product. D. Pay for review of substitutions in accordance with SECTION 01 33 02 SHOP DRAWINGS. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Change Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013114-4 11-25-2013 0133 00 DOCUMENT MANAGEMENT 1.00 GENERAL 1.01 WORK INCLUDED A. Submit documentation as required by the Contract Documents and as reasonably requested by the OPT. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Documents not meeting these criteria will be returned without review. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Review documents prior to submitting. Make certifications as required by the Contract Documents and as indicated on forms provided. B. Provide a Schedule of Documents to list the documents that are to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that documents must be returned to comply with the Project schedule. Use the form provided for this list. C. Incorporate the dates for processing documents into the Progress Schedule required by SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. 1. Provide documents in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of documents when preparing the Progress Schedule. Assume a 14 day review cycle for each document unless a longer period of time is indicated in the Contract Documents or agreed to by Designer and Contractor. 3. Schedule submittal of documents to provide all information for interrelated Work at one time. 4. Allow adequate time for processing documents so construction of the Project is not delayed. 1.04 DOCUMENT SUBMITTAL PROCEDURES A. Submit documents through the Designer. Send all documents in digital format for processing. 1. Provide all information requested with a completed Document Transmittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. 2. The Document Transmittal form is to be the first page in the document submitted. 3. Submit all documents in Portable Document Format (PDF). Document Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013300-1 11-25-2013 a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. b. Create PDF documents from native format files unless files are only available from scanned documents. c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. e. Submit color PDF documents where color is required to interpret the document. f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. h. Use Bluebeam Revu software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size g. i. Add footers to each document with the Project name. 1.05 DOCUMENT NUMBERING A. Assign a number to the documents originated to allow tracking of the documents during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment Contractor CO Change Order OAR CP Change Proposal Contractor CTR Certified Test Report Contractor FO Field Order OAR NBC Notification by Contractor Contractor PD Photographic Documentation Contractor RCP Request for a Change Proposal OAR RD Record Data Contractor RFI Request for Information Contractor SD Shop Drawing Contractor Document Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013300-2 11-25-2013 Prefix Description Originator SCH Schedule of Progress Contractor 2. Issue sequence numbers in chronological order for each type of document. 3. Issue numbers for resubmittals that have the same number as the original document followed by an alphabetical suffix indicating the number of times the same document has been sent to the Designer for processing. For example: SD 025 A represents Shop Drawing number 25 and the letter "A" designates that this is the second time this document has been sent for review. 4. Clearly note the document number on each page or sheet of the document. 5. Correct assignment of numbers is essential since different document types are processed in different ways. B. Include reference the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. 1.06 DOCUMENT REQUIREMENTS A. Furnish documents as indicated below or in individual Specification Sections. Submit documents per the procedures described in the Contract Documents. B. Submit documents per the Specification Section shown in the following table: Document Type Specification Section Application for Payment 01 29 00 Change Proposal 01 31 14 Certified Test Report 01 33 02 for approval of product 0140 00 to demonstrate compliance Notification by Contractor 01 31 13 Photographic Documentation 01 33 05 Progress Schedules 01 33 04 Record Data 01 33 03 Request for Information 01 31 13 Shop Drawing 01 33 02 Schedule of Values 01 29 00 Substitutions 01 31 14 Suppliers and Subcontractors 01 31 13 and 01 33 03 Document Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013300-3 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Document Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013300-4 11-25-2013 01 33 01 Submittal Register Specification Section Specification Description Paragraph No. Types of Submittals Required Product Information Sample or Mockup Operations Data 021040 Site Grading Record Data 025210 Lime Stabilization Shop Drawing 025404 Asphalts, Oils and Emulsions Shop Drawing 025414 Prime Coat Shop Drawing 025424 Hot Mix Asphaltic Concrete Pavement (Class A) Shop Drawing 025610 Concrete Curb and Gutter Record Data 025612 Concrete Sidewalks and Driveways Record Data 025802 Temporary Traffic Controls During Construction Shop Drawing 028040 Sodding Shop Drawing 030020 Portland Cement Concrete Shop Drawing 032020 Reinforcing Steel Shop Drawing 038000 Concrete Structures Shop Drawing 312323 Cementitious Fill Materials Shop Drawing Submittal Register Ocean Drive Park lmprovements-Swantner Park (Bond 2012), E14049 01 33 01-1 07-03-2014 0133 02 SHOP DRAWINGS 1.00 GENERAL 1.01 WORK INCLUDED A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Shop Drawings, Samples, or mockups. Contract modifications can only be approved by Change Order or Field Order. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Shop Drawings not meeting these criteria will be rejected. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents, or will be if deviations requested per Paragraph 1.10 are approved. C. Furnish and install products that fully comply with the information included in the document submittal. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description 025210 Lime Stabilization 025404 Asphalts, Oils and Emulsions 025414 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement (Class A) 025802 Temporary Traffic Controls During Construction 028040 Sodding 030020 Portland Cement Concrete 032020 Reinforcing Steel Shop Drawings Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013302-1 11-25-2013 Specification Section Shop Drawing Description 038000 Concrete Structures 312323 Cementitious Fill Materials B. Include Shop Drawings in the Schedule of Documents required by SECTION 01 33 00 DOCUMENT MANAGEMENT to indicate the Shop Drawings to be submitted, the dates on which documents are to be sent to the Designer for review and proposed dates that the product will be incorporated into the Project. C. Incorporate the dates for processing Shop Drawings into the Progress Schedule required by SECTION 01 33 04 CONSTRUCTION PROGRESS SCHEDULE. 1. Submit Shop Drawings in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of Shop Drawings when preparing the Progress Schedule. Include time for making revisions to the Shop Drawings and resubmitting the Shop Drawing for a least a second review. Assume a 14 day review cycle for each time a Shop Drawing is submitted for review unless a longer period of time is indicated in the Contract Documents. 3. Schedule document submittals to provide all information for interrelated Work at one time. 4. Allow adequate time for ordering, fabricating, delivering, and installing product so construction of the Project is not delayed. D. Complete the following before submitting a Shop Drawing or Sample: 1. Prepare Shop Drawing Review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to Shop Drawings and Samples; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. E. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Shop Drawing; 2. Location of existing structures, utilities, and equipment related to the Shop Drawing have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; Shop Drawings Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013302-2 11-25-2013 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Shop Drawing are complete for their intended purpose; and 5. Conflicts between the Shop Drawing related to the various Subcontractors and Suppliers have been resolved. F. Review Shop Drawings prior to submitting to the Designer. Certify that all Shop Drawings have been reviewed by the Contractor and are in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Shop Drawings except for deviations specifically brought to the Designer's attention on an attached Shop Drawing Deviation Request form in accordance with Paragraph 1.10. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor's risk. Defective products may be rejected at the Owner's option. H. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Designer. 1.04 SHOP DRAWING REQUIREMENTS A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. B. Include a complete description of the product to be furnished, including: 1. Type, dimensions, size, arrangement, and operational characteristics of the product; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required, 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. C. Submit Shop Drawings that require coordination with other Shop Drawings at the same time. Shop Drawings requiring coordination with other Shop Drawings will be rejected until a complete package is submitted. Shop Drawings Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013302-3 11-25-2013 1.05 SPECIAL CERTIFICATIONS AND REPORTS A. Provide all required certifications with the Shop Drawings as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Shop Drawing. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Shop Drawing. 2. Certification of Local Field Service (CLS): A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the Site. List names, addresses, and telephone numbers of approved service organizations on or attach it to the certificate. 3. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product's intended use. 1.06 WARRANTIES AND GUARANTEES A. Provide all required warranties, guarantees, and related documents with the Shop Drawing. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with SECTION 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS. 1.07 SHOP DRAWING SUBMITTAL PROCEDURES A. Submit Shop Drawings through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Shop Drawing submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Shop Drawing submittal form is to be the first document in the file submitted. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. Shop Drawings Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013302-4 11-25-2013 b. Create PDF documents from native format files unless files are only available from scanned documents. c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. e. Submit color PDF documents where color is required to interpret the Shop Drawing. Submit Samples and color charts per Paragraph 1.08.A. f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. h. Use Bluebeam Revu software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. g. i. Add footers to each document with the Project name. 3. Submit each specific product or class of material separately so these can be tracked and processed independently. Do not submit Shop Drawings for more than one product in the same Shop Drawing. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Shop Drawings. a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Shop Drawings. c. Provide a legend for symbols used on Shop Drawings. 6. Mark Shop Drawings to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Use the following conventions to markup Shop Drawings for review: 1. Make comments and corrections in the color blue. Add explanatory comments to the markup. Shop Drawings Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013302-5 11-25-2013 2. Highlight items in black that are not being furnished when the Supplier's standard drawings or information sheets are provided so that only the products to be provided are in their original color. 3. Make comments in the color yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Make comments in the color orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Include explanatory comments in the Shop Drawing Deviation Request form. 5. Mark dimensions with the prefix FD to indicate field verified dimensions on the Shop Drawings. C. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to request modifications to the Contract Documents, including those for approval of "or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. D. Designate a Shop Drawing as requiring priority treatment in the comment section of the Shop Drawing submittal form to place the review of the Shop Drawing ahead of other Shop Drawings previously delivered. Shop Drawings are typically reviewed in the order received, unless Contractor requests that a different priority be assigned. Priority Shop Drawings will be reviewed before other Shop Drawings for this Project already received but not yet reviewed. Use of this priority designation for Shop Drawings may delay the review of Shop Drawings previously submitted, pushing the processing of Shop Drawings beyond the 14 day target. Contractor is responsible for delays resulting from the use of the priority designation status on Shop Drawings. E. Complete the certification required by Paragraph 1.03. 1.08 SAMPLE AND MOCKUP SUBMITTAL PROCEDURES A. Submit color charts and Samples for every product requiring color, texture, or finish selection. 1. Submit color charts and Samples only after Shop Drawings for the products have been approved. 2. Deliver all color charts and Samples at one time. 3. Provide Samples of adequate size to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices. 4. Indicate the full range of color, texture, and patterns. 5. Deliver color charts and Samples to the field office and store for the duration of the Project 6. Notify the Designer that color charts and Samples have been delivered for approval using the Notification by Contractor form. Shop Drawings Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013302-6 11-25-2013 7. Submit color charts and Samples not less than 30 days prior to when these products are to be ordered or released for fabrication to comply with the Project schedule. 8. Remove Samples that have been rejected. Submit new Samples following the same process as for the initial Sample until Samples are approved. 9. Dispose of Samples when related Work has been completed and approved and disposal is approved by the Designer. At Owner's option, Samples will become the property of the Owner. B. Construct mockups for comparison with the Work being performed. 1. Construct mockups from the actual products to be used in construction per detailed Specification Sections. 2. Construct mockups of the size and in the area indicated in the Contract Documents. 3. Construct mockups complete with texture and finish to represent the finished product. 4. Notify the Designer that mockups have been constructed and are ready for approval using the Notification by Contractor form. Allow 2 weeks for OPT to approve of the mockup before beginning the Work represented by the mockup. 5. Remove mockups that have been rejected. Construct new mockups following the same process as for the initial mockup until mockup is approved. 6. Protect mockups until Work has been completed and accepted by the OPT. 7. Dispose of mockups when related Work has been completed and disposal is approved by the Designer. 1.09 REQUESTS FOR DEVIATION A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the Contract Documents. B. Submit requests for deviation using the Shop Drawing Deviation Request form provided. Identify each deviation request as a separate item. Include all requested deviations that must be approved as a group together and identify them as a single item. C. Include a description of why the deviation is required and the impact on Contract Price or Contract Times. Include the amount of any cost savings to the Owner for deviations that result in a reduction in cost. D. Submit as a Change Proposal prior to submitting the Shop Drawing if the deviation will result in a change in Contract Price or Contract Times. E. A Modification must be issued by the Designer for approval of a deviation. Approval of a requested Shop Drawing deviation by the Designer on the Shop Drawings Deviation Request form indicates approval of the requested deviation only on its technical merits as generally conforming to the Contract Documents. Deviations from the Contract Documents can only be approved by a Modification. 1.10 DESIGNER RESPONSIBILITIES A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Section for general conformance with the Contract Documents. Shop Drawings Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013302-7 11-25-2013 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per SECTION 01 33 03 RECORD DATA. c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the Shop Drawings Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013302-8 11-25-2013 g. review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Submit any requested deviation that requires as change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 1.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. Shop Drawings Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013302-9 11-25-2013 1.11 RESUBMISSION REQUIREMENTS A. Make all corrections or changes in the documents required by the Designer and resubmit to the Designer until approved. 1. Revise initial drawings or data and resubmit as specified for the original document. 2. Highlight or cloud in green those revisions which have been made in response to the previous reviews by the Designer. This will include changes previously highlighted or clouded in yellow to direct attention to Designer to items requiring selections or decisions by the Designer or highlighted or clouded in orange for a requested deviation from the Contract Documents. 3. Highlight and cloud new items in yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Highlight and cloud new items in orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Numbering for these new items is to start with the next number following the last Shop Drawing deviation requested. Include explanatory comments in the Shop Drawing Deviation Request form. B. Pay for excessive review of Shop Drawings. 1. Excessive review of Shop Drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2. Review of Shop Drawings or Samples will be an additional service requiring payment by the Contractor if the Contractor submits a substitution for a product for which a Shop Drawing or Sample has previously been approved, unless the need for such change is beyond the control of Contractor. 3. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 4. A Set-off will be included in each Application for Payment to pay cost for the additional review to the Owner on a monthly basis. The Set-off will be based on invoices submitted to Owner for these services. 5. Need for more than one resubmission or any other delay of obtaining Designer's review of Shop Drawings will not entitle the Contractor to an adjustment in Contract Price or an extension of Contract Times. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Shop Drawings Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 01 33 02-10 11-25-2013 0133 03 RECORD DATA 1.00 GENERAL 1.01 WORK INCLUDED A. Submit Record Data as required by the Contract Documents and as reasonably requested by the OPT. Provide Record Data for all products unless a Shop Drawing is required for the same item. B. Submit Record Data to provide documents that allow the Owner to: 1. Record the products incorporated into the Project for the Owner; 2. Review detailed information about the products regarding their fabrication, installation, commissioning, and testing; and 3. Provide replacement or repair of the products at some future date. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the receipt or cursory review of Record Data. Contract modifications can only be approved by Change Order or Field Order. D. Provide various reports or other documents that Contract Documents required be submitted for record purposes. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Record Data not meeting these criteria will be rejected. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 01 31 13 Record Documents, Section 1.08 B. Include Record Data in the Schedule of Documents required by SECTION 01 33 00 DOCUMENT MANAGEMENT to indicate the Record Data to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that the product will be incorporated into the Project. C. Complete the following before submitting Record Data: 1. Prepare Record Data and coordinate with Shop Drawings or Samples, other Record Data, and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and Record Data Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013303-1 11-25-2013 4. Determine and verify information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. D. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Record Data; 2. Location of existing structures, utilities, and equipment related to the Record Data have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Record Data are complete for their intended purpose; and 5. Conflicts between the Record Data related to the various Subcontractors and Suppliers have been resolved. E. Review Record Data prior to submitting to the Designer. Certify that all Record Data has been reviewed by the Contractor and is in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Record Data. 1.04 RECORD DATA REQUIREMENTS A. Include a complete description of the material or equipment to be furnished, including: 1. Type, dimensions, size, arrangement, model number, and operational parameters of the components; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. 1.05 SPECIAL CERTIFICATIONS AND REPORTS A. Provide all required certifications with the Record Data as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Record Data. Field tests may be performed by the Record Data Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013303-2 11-25-2013 Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Record Data. 1.06 WARRANTIES AND GUARANTEES A. Provide all required warranties, guarantees, and related documents with the Record Data. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with SECTION 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS. 1.07 RECORD DATA SUBMITTAL PROCEDURES A. Submit Record Data through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Record Data submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Record Data submittal form is to be the first document in the file. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. b. Create PDF documents from native format files unless files are only available from scanned documents. c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. e. Submit color PDF documents where color is required to interpret the Record Data. f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. h. Use Bluebeam Revu software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. g. Record Data Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013303-3 11-25-2013 i. Add footers to each document with the Project name. 3. Submit each specific product, class of material, or product separately so these can be tracked and processed independently. Do not submit Record Data for more than one system in the same Record Data. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Record Data. a. Use terms and symbols in Record Data consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Record Data. c. Provide a legend for symbols used on Record Data. 6. Mark Record Data to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to request modifications to the Contract Documents, including those for approval of "or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be approved by a Modification. C. Complete the certification required by Paragraph 1.03. 1.08 DESIGNER'S RESPONSIBILITIES A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 1.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: Record Data Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013303-4 11-25-2013 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 1.02. Document will be given the status of "Filed as Received" and not further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per SECTION 01 33 02 SHOP DRAWINGS. b. The cursory review indicates that the document does not meet the requirements of Paragraph 1.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Record Data Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013303-5 11-25-2013 0133 04 CONSTRUCTION PROGRESS SCHEDULE 1.00 GENERAL 1.01 REQUIREMENTS A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor progress and to relate document processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Take the requirements of SECTION 01 35 00 SPECIAL PROCEDURES into consideration when preparing schedule. 1.02 DOCUMENT SUBMITTAL A. Submit Progress Schedules in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. B. Submit a preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre -construction conference. C. Submit a detailed schedule at least 10 days prior to the first payment request. D. Submit Progress Schedules updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 1.03 SCHEDULE REQUIREMENTS A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work; 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers; 3. Assist in monitoring the progress of the Work; and 4. Assist in evaluating proposed changes to the Contract Times and Project schedule. B. Provide personnel with 5 years' minimum experience in scheduling construction work comparable to this Project. Prepare the schedule using acceptable scheduling software. C. Provide the schedule in the form of a computer generated critical path schedule which includes Work to be performed on the Project. It is intended that the schedule accomplish the following: 1. Give early warning of delays in time for correction. Construction Progress Schedule Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013304-1 11-25-2013 2. Provide detailed plans for the execution of the Work in the form of future activities and events in sequential relationships. 3. Establish relationships of significant planned Work activities and provide a logical sequence for planned Work activities. 4. Provide continuous current status information. 5. Allow analysis of the Contractor's program for the completion of the Project. 6. Permit schedules to be revise when the existing schedule is not achievable. 7. Log the progress of the Work as it actually occurs. D. Prepare a time scaled CPM arrow or precedence diagram to indicate each activity and its start and stop dates. 1. Develop Milestone dates and Project completion dates to conform to time constraints, sequencing requirements and Contract completion date. 2. Use calendar day durations while accounting for holidays and weather conditions in the projection of the duration of each activity. 3. Clearly indicate the critical path for Work to complete the Project. E. Provide a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The chart is to indicate: 1. Complete sequence of construction by activity; 2. Identification of the activity by structure, location, and type of Work; 3. Chronological order of the start of each item of Work; 4. The activity start and stop dates; 5. The activity duration; 6. Successor and predecessor relationships for each activity; 7. A clearly indicated single critical path; and 8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the first day of each month. F. Provide a schedule incorporating the Schedule of Documents provided in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT indicating: 1. Specific dates each document is to be delivered to the Designer. 2. Specific dates each document must be received in order to meet the proposed schedule. 3. Allow a reasonable time to review documents, taking into consideration the size and complexity of the document, other documents being processed, and other factors that may affect review time. 4. Allow time for re -submission of the each document. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous Construction Progress Schedule Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013304-2 11-25-2013 documents and for time lost when documents are submitted for products that do not meet Specification requirements. 1.04 SCHEDULE REVISIONS A. Revise the schedule if it appears that the schedule no longer represents the actual progress of the Work. 1. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include: a. Number of days behind schedule; b. Narrative description of the steps to be taken to bring the Project back on schedule; and c. Anticipated time required to bring the Project back on schedule. 2. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Times approved by Modification. 1. Include a revised schedule with Change Proposals if a change in Contract Times is requested. 2. OPT will deem any Change Proposal that does not have a revised schedule and request for a change in Contract Times as having no impact on the ability of the Contractor to complete the Project within the Contract Times. C. Updating the Project schedule to reflect actual progress is not considered a revision to the Project schedule. D. Applications for Payment may not be recommended for payment without a revised schedule and if required, the report indicating the Contractor's plan for bringing the Project back on schedule. 1.05 FLOAT TIME A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems. D. Contract Times cannot be changed by the submission of a schedule. Contract Times can only be modified by a Change Order or Contract Amendment. E. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time. Construction Progress Schedule Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013304-3 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Construction Progress Schedule Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013304-4 11-25-2013 0133 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION 1.00 GENERAL 1.01 WORK INCLUDED A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash, and debris have been removed. 5. Employ a professional photographer approved by the OAR to photograph the Project. 6. Provide one aerial photograph of the Site from an angle and height to include the entire Site while providing adequate detail. C. All photographs, video recordings, and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 1.02 QUALITY ASSURANCE A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 1.03 DOCUMENT SUBMITTAL A. Submit photographic documentation as Record Data in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. B. Submit two DVDs of the video recording as Record Data in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. Video and Photographic Documentation Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013305-1 11-25-2013 2.00 PRODUCTS 2.01 PHOTOGRAPHS A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the OAR. C. Provide two color prints of each photograph and a digital copy on a DVD of each photograph taken. D. Identify each print on back with: 1. Project name. 2. Date, time, location, and orientation of the exposure. 3. Description of the subject of photograph. E. Submit photograph in clear plastic sheets designed for photographs. Place only one photograph in each sheet to allow the description on the back to be read without removing the photograph. F. Final photographs are to include two 8 -by -10 -inch glossy color prints for each of ten photographs selected by the OAR. These photographs are in addition to normal prints. 2.02 VIDEO RECORDING A. Provide digital format on DVD that can be played with Windows Media Player in common format in full screen mode. B. Identify Project on video by audio or visual means. C. Video file size should not exceed 400 MB. D. Video resolution shall be 1080p. E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area. F. DVD shall be labeled with construction stationing and stationing should be called out, voice recorded, in the video. G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted. 3.00 EXECUTION (NOT USED) END OF SECTION Video and Photographic Documentation Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013305-2 11-25-2013 0135 00 SPECIAL PROCEDURES 1.00 GENERAL 1.01 PLAN OF ACTION A. Submit a written plan of action for approval for shutting down essential services. These include: 1. Electrical power, 2. Control power, 3. Pipelines or wastewater systems, 4. Communications equipment, and 5. Other designated functions. B. Describe the following in the plan of action: 1. Scheduled dates for construction; 2. Work to be performed; 3. Utilities, piping, or services affected; 4. Length of time the service or utility will be disturbed; 5. Procedures to be used to carry out the Work; 6. Plan of Action to handle emergencies; 7. List of manpower, equipment, and ancillary supplies; 8. Backups for key pieces of equipment and key personnel; 9. Contingency plan that will be used if the original schedule cannot be met; and C. Submit plan 2 weeks prior to beginning the Work. 1.02 CRITICAL OPERATIONS A. The Owner has identified critical operations that must not be out of service longer than the designated maximum time out of service and/or must be performed only during the designated times. These have been identified in the table below: Critical Operation Max. Time Out of Operation Hours Operation can be Shut Down Liquidated Damages ($ per hour) Not Applicable B. Submit a written plan of action per Paragraph 1.01 for approval for critical operations. C. Work affecting critical operations is to be performed on a 24-hour a day basis until Owner's normal operations have been restored. D. Provide additional manpower and equipment as required to complete the Work affecting critical operations within the allotted time. Special Procedures Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013500-1 11-25-2013 E. Liquidated damages will be assessed if Work on critical operations is not completed within the time indicated. F. Designated Critical Operations are described in more detail as follows: 1. None 1.03 OWNER ASSISTANCE A. None 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 013500-2 11-25-2013 0140 00 QUALITY MANAGEMENT 1.00 GENERAL 1.01 CONTRACTOR'S RESPONSIBILITIES A. Review the OPT's Quality Management Program and prepare and submit the Contractor's Quality Control Plan. B. Implement the Contractor's Quality Control Plan to control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents. 1. Inspect products to be incorporated into the Project. Ensure that Suppliers have adequate quality control systems to ensure that products that comply with the Contract Documents are provided. 2. Integrate quality control measures into construction activities to produce Work which meets quality expectations of the Contract Documents. Inspect the Work of the Contractor, Subcontractors, and Suppliers. Correct Defective Work. 3. Provide and pay for the services of an approved professional materials testing laboratory acceptable to the OPT to provide testing that demonstrates that products proposed in Shop Drawings and Record Data for the Project fully comply with the Contract Documents. 4. Provide facilities, equipment, and Samples required for quality control inspections and tests: a. Give the OAR adequate notice before proceeding with Work that would interfere with inspections or testing; b. Notify the OAR and testing laboratories prior to the time that testing is required, providing adequate lead time to allow arrangements for inspections or testing to be made; c. Do not proceed with any Work that would impact the ability to correct defects or Work that would require subsequent removal to correct defects until testing services have been performed and results of tests indicate that the Work is acceptable; d. Cooperate fully with the performance of sampling, inspection, and testing; e. Provide personnel to assist with sampling or to assist in making inspections and field tests; f. Obtain and handle Samples for testing at the Site or at the production source of the product to be tested; g. Provide adequate quantities of representative products to be tested to the laboratory at the designated locations; h. Provide facilities required to store and cure test Samples; i. Provide calibrated scales and measuring devices for the OPT's use in performing inspections and testing; Quality Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 014000-1 11-25-2013 j. Provide adequate lighting to allow OPT observations; and k. Make Contract Documents available to testing agencies when requested. 5. Provide safe access for all inspection and testing activities, including those to be conducted as part of the OPT's Quality Management Program. 6. Document Defective Work though Certified Test Reports and Defective Work Notices. Document that corrective actions have been taken to correct any defects and that corrected Work is in compliance with the Contract Documents. 7. Apply quality control measures to documentation provided for the Project. 8. Implement countermeasures to prevent future Defective Work. C. Perform tests as indicated in this and other Sections of the Specifications. Technical Specifications govern if any testing and inspection requirements of this Section conflict with the testing and inspection requirements of the technical Specifications. D. All verification testing is to be observed by the OAR or designated representative. E. Send test reports to the Designer. F. Provide an update on quality control activities at monthly progress meetings required by SECTION 01 31 13 PROJECT COORDINATION. G. Owner will withhold payment for Defective Work, or Work that has not been tested or inspected in accordance with the Contractor's Quality Control Plan, the OPT's Quality Control Program, or the Contract Documents. H. Work performed that is connected or adjacent to Defective Work or Work that would have to be removed to correct Defective Work is also considered to be Defective. Contractor is responsible for all cost with replacing any acceptable Work that must be removed, or might be damaged by corrective actions. 1.02 QUALITY MANAGEMENT ACTIVITIES BY THE OPT A. OPT will perform its own quality assurance tests independent of the Contractor's Quality Control Program. Assist the OPT and testing organizations in performing quality assurance activities per Paragraph 1.01. B. Quality assurance testing performed by the OPT will be paid for by the Owner, except for verification testing required per Paragraph 1.07. C. Quality assurance activities of the OPT, through their own forces or through contracts with consultants and materials testing laboratories are for the purpose of monitoring the results of the Contractor's Work to see that it is in compliance with the requirements of the Contract Documents. Quality assurance activities or non-performance of quality assurance activities by the OPT do not: 1. Relieve the Contractor of its responsibility to provide Work or furnish products that conform with the requirements of the Contract Documents; 2. Relieve the Contractor of its responsibility for providing adequate quality control measures; Quality Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 014000-2 11-25-2013 3. Relieve the Contractor of its responsibility for damage to or loss of Work or products before OPT's acceptance; 4. Constitute or imply OPT's acceptance; and 5. Affect the continuing rights of the Owner after OPT's acceptance of the completed Work. D. Work is subject to OPT's quality assurance observations or testing at any time. Products which have been tested or inspected and approved by OPT at a supply source or staging area may be inspected or tested again by the OPT before, during or after incorporation into the Work and rejected if products do not comply with the Contract Documents. 1.03 CONTRACTOR'S USE OF OPT'S TEST REPORTS A. OPT has prepared a Quality Management Plan that describes, in general, the OPT's anticipated quality assurance testing program for this Project. This testing program will be made available to Bidders during the bidding phase. This plan outlines only the testing in general terms and may not reflect actual testing. Actual testing will depend on the Contractors means, methods and procedures of construction which will not be known until the Contractor begins Work and submits their own Quality Control Plan for review. There is no guarantee that all testing will be performed. B. Contractor will receive copies of all test reports documenting OPT's quality assurance activities. Contractor is entitled to rely on the accuracy of these tests results and use these as part of their quality control efforts. C. Contractor is to determine additional testing or inspections that may be required to implement the Contractor's Quality Control Plan. Include cost for additional testing and inspections required to meet Contractors quality control obligations, including the cost for correcting Defective Work in the Contract Price. D. Contractor may submit a Change Proposal if OPT's quality assurance testing program deviates significantly from the OPT's Quality Management Plan, and Contractor can demonstrate that additional cost was incurred to implementing the Contractor's Quality Control Plan resulting from these deviations. 1.04 DOCUMENTATION A. Provide documentation which includes: 1. Contractor's Quality Management Plan that establishes the methods of assuring compliance with the Contract Documents. Submit this plan as a Shop Drawings per SECTION 01 33 02 SHOP DRAWINGS. 2. A Statement of Qualification for any proposed testing laboratories that includes a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list of tests that can be performed, equipment used with date of last certification, and a list of recent projects for which testing has been performed with references for those projects. 3. Provide Certified Test Reports for products to be incorporated into the Project. Provide reports to indicate that proposed products comply with the Contract Documents or indicate that proposed products do not comply with the Contract Quality Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 014000-3 11-25-2013 Documents and why it does not comply. Submit these test reports as part of a Shop Drawings submitted per SECTION 01 33 02 SHOP DRAWINGS. 4. Provide Certified Test Reports for inspection and testing required in this Section and in other Specification Sections. Provide reports to indicate that Work complies with the Contract Documents or indicate that Work does not comply with the Contract Documents and why it does not comply. Submit these test reports on forms provided per SECTION 01 33 00 DOCUMENT MANAGEMENT. 1.05 STANDARDS A. Provide testing laboratories that comply with the American Council of Independent Laboratories (ACIL) "Recommended Requirements for Independent Laboratory Qualifications." B. Perform testing per recognized test procedures as listed in the various Sections of the Specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 1.06 DELIVERY AND STORAGE A. Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. Provide facilities for storing, curing, processing test specimens as required by test standard to maintain the integrity of Samples. 1.07 VERIFICATION TESTING FOR CORRECTED DEFECTS A. Provide verification testing on Work performed to correct Defective Work to demonstrate that the Work is now in compliance with the Contract Documents. Document that Defective Work has been corrected and verify that the OAR closes the item in the Defective Work Register. B. Pay for verification testing. OPT may perform verification testing as part of their Quality Management Program and impose a Set-off to recover the cost for this testing. C. Conduct the same tests or inspections used to determine that the original Work was Defective. Different tests or methods may be used if approved by the OPT. 1.08 TEST REPORTS A. Certified Test Reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT. These reports must include the following: a. Name of the Owner, Project title and number and Contractor; b. Name of the laboratory, address, and telephone number; c. Name and signature of the laboratory personnel performing the test; d. Description of the product being sampled or tested; Quality Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 014000-4 11-25-2013 e. Date and time of sampling, inspection, and testing; f. Date the report was issued; g. Description of the test performed; h. Weather conditions and temperature at time of test or sampling; i. Location at the Site or structure where the test was taken; j. Standard or test procedure used in making the test; k. A description of the results of the test; I. Statement of compliance or non-compliance with the Contract Documents; and m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor, Subcontractors or Suppliers on the forms provided by the OAR. 3. OPT will prepare test reports on test performed by the OPT. B. Send test report to Designer within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. C. Payment for Work may be withheld until test reports indicate that the Work is not Defective. 1.09 DEFECTIVE WORK A. Immediately correct any Defective Work or notify the OAR why the Work is not to be corrected immediately and when corrective action will be completed. B. No payment will be made for Defective Work. Remove Work from the Application for Payment if Work paid for on a previous Application for Payment is found to be Defective. 1.10 LIMITATION OF AUTHORITY OF THE TESTING LABORATORY A. The testing laboratory representatives are limited to providing testing services and interpreting the results of the test performed. B. The testing laboratory is not authorized to: 1. Alter the requirements of the Contract Documents; 2. Accept or reject any portion of the Work; 3. Perform any of the duties of the Contractor; or 4. Direct or stop the Work. 1.11 QUALITY CONTROL PLAN A. Submit the Contractor's Quality Control Plan for approval as a Shop Drawing per SECTION 01 33 02 SHOP DRAWINGS. Use Contractor's Quality Control Plan Checklist provided to review the document before submitting and include a copy of the completed checklist with the Contractor's Quality Control Plan. Do not begin Work until the Contractor's Quality Control Plan is approved. Submit an interim plan covering only the portion of Work to be Quality Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 014000-5 11-25-2013 performed if the Contractor plans to begin Work prior to submitting the Contractor's Quality Control Plan for the Project. Do not begin Work on other parts of the Project until the Contractor's Quality Control Plan is approved or another interim plan covering the additional Work to be started is approved. B. Provide a Contractor's Quality Control Plan that incorporates construction operations at both the Site and production Work at remote locations and includes Work by Subcontractors and Suppliers. The Contractor's Quality Control Plan is to include: 1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work; 2. Documentation describing name, qualifications (in resume format), duties, responsibilities, and level of authority of the Quality Control Manager; 3. The name, qualifications (in resume format), duties, responsibilities, and authorities of other persons assigned a quality control function; 4. Procedures for scheduling, reviewing, certifying, and managing documentation, including documentation provided by Subcontractors and Suppliers; 5. Control, verification, and acceptance testing procedures for each specific test. Include: a. Name of tests to be performed, b. Specification paragraph requiring test, c. Parameters of Work to be tested, d. Test frequency, e. Persons responsible for each test, and f. Applicable industry testing standards and laboratory facilities to be used for the test; 6. Integrate the OPT quality assurance testing into the Contractor's Quality Control Plan, specifically identifying the tests or inspections in Paragraph 1.11.6.5 that will be provided by the OPT as part of their Quality Management Program; 7. Procedures for tracking and documenting quality management efforts. 8. Procedures for tracking Defective Work from initial identification through acceptable corrective action. Indicate how documentation of the verification process for deficiencies will be made. 9. Reporting procedures which incorporate the use of forms provided by the OAR. 10. The name of the proposed testing laboratories along with documentation of qualifications per Paragraph 1.04. C. The Quality Control Manager must have authority to reject Defective Work and redirect the efforts of the Contractor's Team to prevent or correct Defective Work. D. Notify the Designer of any changes to the Contractor's Quality Control Plan or quality control personnel. Quality Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 014000-6 11-25-2013 E. Meet with the OPT 7 days after Contractor's Quality Control Plan is submitted and before start of construction to discuss the Contractor's Quality Control Plan and expedite its approval. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION 3.01 IMPLEMENT CONTRACTOR'S QUALITY CONTROL PLAN A. Perform quality control observations and testing as required in each Section of the Specifications and where indicated on the Drawings. B. Includes the following phases for each definable Work task. A definable Work task is one which is separate and distinct from other tasks, has separate control requirements, may be provided by different trades or disciplines, or may be Work by the same trade in a different environment. 1. Planning Phase: Perform the following before beginning each definable Work task: a. Review the Contract Drawings. b. Review documents and determine that they are complete in accordance with the Contract Documents. c. Check to assure that all materials and/or equipment have been tested, submitted, and approved. d. Examine the work area to assure that all required preliminary Work has been completed and complies with the Contract Documents. e. Examine required materials, equipment, and Sample Work to assure that they are on hand, conform to Shop Drawings and Record Data, and are properly stored. f. Review requirements for quality control inspection and testing. g. Discuss procedures for controlling quality of the Work. Document construction tolerances and workmanship standards for the Work task. h. Check that the portion of the plan for the Work to be performed incorporates document review comments. i. Discuss results of planning phase with the OAR. Conduct a meeting attended by the Quality Control Manager, the OAR, superintendent, other quality control personnel as applicable, and the foreman responsible for the Work task. Instruct applicable workers as to the acceptable level of workmanship required in order to meet the requirements of the Contract Documents. Document the results of the preparatory phase actions by separate meeting minutes prepared by the Quality Control Manager and attached to the quality control report. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. 1• Quality Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 014000-7 11-25-2013 2. Work Phase: Complete this phase after the Planning Phase: a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed. d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required Sample panels as appropriate. e. Repeat the Work phase for each new crew to work on-site, or any time acceptable specified quality standards are not being met. 3. Follow-up Phase: Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements: a. Make checks daily and record observations in the quality control documentation. b. Conduct follow-up checks and correct all deficiencies prior to the start of additional Work tasks that may be affected by the Defective Work. Do not build upon nor conceal Defective Work. c. Conduct a review of the Work one month prior to the expiration of the correction period prescribed in the General Conditions with the OPT. Correct defects as noted during the review. C. Conduct additional planning and Work phases if: 1. The quality of on-going Work is unacceptable; 2. Changes are made in applicable quality control staff, on-site production supervision or crews; 3. Work on a task is resumed after a substantial period of inactivity; or 4. Other quality problems develop. END OF SECTION Quality Management Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 014000-8 11-25-2013 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide temporary facilities, including OPT's field office and the Contractor's field offices, storage sheds, and temporary utilities needed to complete the Work. B. Install and maintain temporary Project identification signs. Provide temporary on-site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed. 1.02 QUALITY ASSURANCE A. Provide a total electrical heating and cooling system for the OPT's field office capable of maintaining the following conditions: 1. Heating: Minimum 75 degrees ID temp at 10 degrees ambient. 2. Cooling: Minimum 75 degrees ID temp at 105 degrees ambient. 3. Relative humidity: 48 to 54 percent. B. Inspect and test each service before placing temporary utilities in use. Arrange for all required inspections and tests by regulatory agencies, and obtain required certifications and permits for use. 1.03 DELIVERY AND STORAGE A. Arrange transportation, loading, and handling of temporary buildings and sheds. 1.04 JOB CONDITIONS A. Locate buildings and sheds at the Site as indicated or as approved by the OPT. B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures. C. Pay for the utilities used by temporary facilities during construction. D. Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the Work. Provide OPT's field office complete and ready for occupancy and use within 7 days of the Notice to Proceed. E. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work. F. Remove services and facilities when approved by the OAR. G. Operate temporary facilities in a safe and efficient manner. 1. Restrict loads on temporary services or facilities to within their designed or designated capacities. 2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site. Temporary Facilities and Controls Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 015000-1 11-25-2013 3. Prevent freezing of pipes, flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. 1.05 OPTIONS A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.01 TEMPORARY FIELD OFFICES A. The Contractor must furnish the OPT with a field office at the Site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30 inches by 60 inches and two chairs. The Contractor shall move the field office on the Site as required by the OAR. The field office must be furnished with a telephone (with 24-hour per day answering service) and fax machine paid for by the Contractor. There is no separate pay item for the field office. B. Furnish a field office of adequate size for Contractor's use. Provide conference room space for a minimum of 15 people. C. Other trades may provide their own offices only when space is available at the Site, and the OPT agrees to its size, condition, and location. D. No monthly partial payments will be processed until OPT's field office facilities are completed and approved. 2.02 TEMPORARY STORAGE BUILDINGS A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 2.03 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times, and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the Site shall be more than 600 feet from a toilet. B. Use these sanitary facilities. Do not use restrooms within existing or Owner -occupied buildings. 2.04 TEMPORARY HEAT A. Provide heating devices needed to protect buildings during construction. Provide fuel needed to operate the heating devices and attend the heating devices at all times they are in operation, including overnight operations. Temporary Facilities and Controls Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 015000-2 11-25-2013 2.05 TEMPORARY UTILITIES A. Provide the temporary utilities for administration, construction, testing, disinfection, and start-up of the Work, including electrical power, water, and telephone. Pay all costs associated with furnishing temporary utilities. 1. Provide a source of temporary electrical power of adequate size for construction procedures. a. Use existing power systems where spare capacity is available. Provide temporary power connections that do not adversely affect the existing power supply. Submit connections to the OAR for approval prior to installation. b. Provide electrical pole and service connections that comply with Laws and Regulations and the requirements of the power company. 2. Provide telephone service to the Site and install telephones inside the Contractor's and the OPT's field office. 2.06 WATER FOR CONSTRUCTION A. Provide temporary water. Potable water may be purchased from the Owner by obtaining a water meter from the Owner and transporting water from a water hydrant. Non -potable water may be used for hydraulic testing of non -potable basins or pipelines. Include the cost of water in the Contract Price. B. Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre -construction meeting. The Contractor will keep a copy of the Plan on the Site throughout construction. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS A. The Owner will furnish two Project signs to be installed by the Contractor. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the OAR. 3.03 TEMPORARY LIGHTING A. Provide temporary lighting inside buildings once buildings are weatherproof. B. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. Temporary Facilities and Controls Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 015000-3 11-25-2013 C. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting at any location Work is being performed. 3.04 DRINKING WATER A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. 3.05 CONSTRUCTION FENCE A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 3.06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds, and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. 3.07 MAINTENANCE AND JANITORIAL SERVICE A. Provide janitorial service (sweeping/mopping) for the OPT's field office on a weekly basis or as requested. Empty trash receptacles daily or as needed. B. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. C. Repair any damage to Work caused by placement or removal of temporary signage. D. Service, maintain, and replace, if necessary, the OPT's field office computer equipment throughout the Project as required by the OPT including replacement cartridges for all office equipment. END OF SECTION Temporary Facilities and Controls Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 015000-4 11-25-2013 01 57 00 TEMPORARY CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment, and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. B. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project. C. Provide a Storm Water Pollution Prevention Plan (SWPPP) as required by Texas Pollutant Discharge Elimination System (TPDES) General Permit No. TXR150000 for stormwater discharges from construction activities. Comply with all requirements of the Texas Commission on Environmental Quality (TCEQ) and Laws and Regulations. File required legal notices and obtain required permits prior to beginning any construction activity. D. Provide labor, materials, equipment, and incidentals necessary to prevent stormwater pollution for the duration of the Project. Provide and maintain erosion and sediment control structures as required to preventive sediment and other pollutants from the Site from entering any stormwater system including open channels. Remove pollution control structures when no longer required to prevent stormwater pollution. 1.02 QUALITY ASSURANCE A. Construct and maintain temporary controls with adequate workmanship using durable materials to provide effective environmental management systems meeting the requirements of the Contract Documents and Laws and Regulations. Use materials that require minimal maintenance to prevent disruption of construction activities while providing adequate protection of the environment. B. Periodically inspect systems to determine that they are meeting the requirements of the Contract Documents. 1.03 DOCUMENT SUBMITTAL A. Provide documents requiring approval by the OPT as Shop Drawings in accordance with SECTION 01 33 02 SHOP DRAWINGS. B. Provide copies of notices, records, and reports required by the Contract Documents or Laws and Regulations as Record Data in accordance with SECTION 01 33 03 RECORD DATA. 1.04 STANDARDS A. Provide a SWPPP that complies with all requirements of TPDES General Permit No. TXR150000 and any other applicable Laws and Regulations. B. Perform Work to comply with the City of Corpus Christi Code of Ordinances, Part III, Chapter 14, Article X - titled "STORM WATER QUALITY MANAGEMENT PLANS" and any other applicable Laws and Regulations. Temporary Controls Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 015700-1 11-25-2013 1.05 PERMITS A. Submit the following to the TCEQ and the Operator of any Municipal Separate Storm Sewer System (MS4) receiving stormwater discharges from the Site: 1. Notice of Intent (NOI) at least 48 hours prior to beginning construction activity. Construction activity may commence 24 hours after the submittal of an electronic NOI. 2. Notice of Change (NOC) letter when relevant facts or incorrect information was submitted in the NOI, or if relevant information in the NOI changes during the course of construction activity. 3. Notice of Termination (NOT) when the construction Project has been completed and stabilized. B. Post a copy of the NOI at the Site in a location where it is readily available for viewing by the general public and as required by Laws and Regulations prior to starting construction activities and maintain the posting until completion of the construction activities. C. Maintain copies of a schedule of major construction activities, inspection reports, and revision documentation with the SWPPP. 1.06 STORMWATER POLLUTION CONTROL A. Comply with the current requirements of TPDES General Permit No. TXR150000 as set forth by the TCEQ for the duration of the Project: 1. Develop a SWPPP meeting all requirements of the TPDES General Permit. 2. Submit of a Notice of Intent to the TCEQ. 3. Develop and implement appropriate Best Management Practices as established by local agencies of jurisdiction. 4. Provide all monitoring and/or sampling required for reporting to the TCEQ. 5. Submit reports to the TCEQ as required as a condition of the TPDES General Permit. 6. Submit copies of the reports to the Designer as Record Data in accordance with SECTION 01 33 03 RECORD DATA. 7. Retain copies of these documents at the Site at all times for review and inspection by the OPT or regulatory agencies. Post a copy of the permit as required by Laws and Regulations. 8. Assume sole responsibility for implementing, updating, and modifying the TPDES General Permit per Laws and Regulations for the SWPPP and Best Management Practices. B. Use forms required by the TCEQ to file the Notice of Intent. Submit the Notice of Intent at least 2 days prior to the start of construction. Develop the SWPPP prior to submitting the Notice of Intent. Provide draft copies of the Notice of Intent, SWPPP, and any other pertinent TCEQ submittal documents to Owner for review prior to submittal to the TCEQ. C. Return any property disturbed by construction activities to either specified conditions or pre -construction conditions as set forth in the Contract Documents. Provide an overall erosion and sedimentation control system that will protect all undisturbed areas and soil Temporary Controls Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 015700-2 11-25-2013 stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work. D. Assume sole responsibility for the means, methods, techniques, sequences, and procedures for furnishing, installing, and maintaining erosion and sedimentation control structures and procedures and overall compliance with the TPDES General Permit. Modify the system as required to effectively control erosion and sediment. E. Retain copies of reports required by the TPDES General Permit for 3 years from date of Final Completion. 1.07 POLLUTION CONTROL A. Prevent the contamination of soil, water, or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air -borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-site locations in an acceptable manner. 2. Excavate contaminated soil and dispose at an off-site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site. 4. Comply with Laws and Regulations regarding the disposal of pollutants. C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge -contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non -contained form, or enter non -contaminated areas of the Site. 1. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the OAR. 2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. 3. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. Temporary Controls Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 015700-3 11-25-2013 1.08 EARTH CONTROL A. Remove excess soil, spoil materials, and other earth not required for backfill at the time of generation. Control stockpiled materials to eliminate interference with Contractor and Owner's operations. B. Dispose of excess earth off the Site. Provide written approval from the property owner for soils deposited on private property. Obtain approval of the Owner if this disposal impacts the use of Site or other easements. 1.09 OZONE ADVISORY DAYS (NOT APPLICABLE) 1.10 MANAGEMENT OF WATER A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times. B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water. C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management. D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the Owner. Assume responsibility for the discharge of water from the Site. E. Remove the temporary construction and restore the Site in a manner acceptable to the OAR and to match surrounding material at the conclusion of the Work. 1.11 DEWATERING A. This item is considered subsidiary for all dewatering methods other than "well pointing" to the appropriate bid items as described in the Bid Form where dewatering is needed to keep the excavation dry, as approved by the Designer, and shall include all costs to provide a dry foundation for the proposed improvements. B. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. C. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. D. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Corpus Christi Bay. Temporary Controls Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 015700-4 11-25-2013 E. Testing of groundwater quality is to be performed by the Contractor, at the Contractor's expense, prior to commencing discharge and shall be retested by the Contractor, at the Contractor's expense, a minimum of once a week. Contractor shall coordinate with the Owner on all testing. Tests will also be performed as each new area of construction is started. F. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Designer on a case by case basis. G. Prior to Pumping groundwater from a trench to the sanitary sewer system the Contractor shall contact Tilo Schmidt, Wastewater Pre-treatment Coordinator at 826-1817 to obtain a "no cost" permit from the Owner's Waste Water Department. Contractor will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit overnight, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. 1.12 DISPOSAL OF CONTAMINATED GROUNDWATER (NOT APPLICABLE) 1.13 DISPOSAL OF HIGHLY CHLORINATED WATER (NOT APPLICABLE) 1.14 WINDSTORM CERTIFICATION (NOT APPLICABLE) 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials that comply with Laws and Regulations. 3.00 EXECUTION 3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with Laws and Regulations. B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary controls when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls while they are still required. END OF SECTION Temporary Controls Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 015700-5 11-25-2013 0170 00 EXECUTION AND CLOSEOUT REQUIREMENTS 1.00 GENERAL 1.01 WORK INCLUDED A. Comply with requirements of the General Conditions and specified administrative procedures in closing out the Contract. 1.02 DOCUMENT SUBMITTAL A. Submit certifications and releases on forms provided. 1.03 SUBSTANTIAL COMPLETION A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. 1.04 FINAL INSPECTION A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. Execution and Closeout Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 017000-1 11-25-2013 D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 1.06 if notified that the Project is complete and the Work is acceptable. 1.05 REINSPECTION FEES A. Owner may impose a Set-off against the Application for Payment in accordance with the General Conditions to compensate the OPT for additional visits to the Project if additional Work is required. 1.06 CLOSEOUT DOCUMENTS SUBMITTAL A. Record Documents per SECTION 01 31 13 PROJECT COORDINATION. B. Warranties and bonds. C. Shop Drawings, Record Data, and other documents as required by the Contract Documents. D. Evidence of continuing insurance and bond coverage as required by the Contract Documents. E. Final Photographs per SECTION 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 1.07 TRANSFER OF UTILITIES A. Transfer utilities to the Owner when the Certificate of Substantial Completion has been issued and the Work has been occupied by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work. 1.08 WARRANTIES, BONDS, AND SERVICES AGREEMENTS A. Provide warranties, bonds, and service agreements required by SECTION 01 33 02 SHOP DRAWINGS or by the individual Specification Sections. B. The date for the start of warranties, bonds, and service agreements is established per the General Conditions. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. 1. Provide a log of all products for which special or extended warranties or guarantees are provided. Index the log by Specification Section number on forms provided. Include items 2.e through 2.g below in the tabulation. 2. Provide a copy of specific warranties or guarantees under a tab indexed to the log. Each document is to include: a. A description of the product or Work item; b. The firm name, with the name of the principal, address, and telephone number; Execution and Closeout Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 017000-2 11-25-2013 c. Signature of the respective Supplier or Subcontractor to acknowledge existence of the warranty obligation for extended warranties and service agreements; d. Scope of warranty, bond, or services agreement; e. Indicate the start date for the correction period specified in the General Conditions for each product and the date on which the specified correction period expires. f. Indicate the start date for extended warranties for each product and the date on which the specified extended warranties period expires. Start date, warranty or guarantee period, and expiration date for each warranty bond and service agreement; h. Procedures to be followed in the event of a failure; and i. Specific instances that might invalidate the warranty or bond. D. Submit digital copies of the documents to the Designer for review. g. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Execution and Closeout Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 017000-3 11-25-2013 PART S - STANDARD SPECIFICATIONS DIVISION 02 SITEWORK Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 SECTION 021040 SITE GRADING 1. DESCRIPTION This specification shall govern all work necessary for backfill and grading of the site to complete the project. 2. CONSTRUCTION METHODS Prior to site grading, the site shall be cleared in accordance with City Standard Specification Section 021020 "Site Clearing and Stripping". Unless specified otherwise on the drawings, the existing surface shall be loosened by scarifying or plowing to a depth of not less than six (6) inches. The loosened material shall be recompacted with fill required to bring the site to the required grades and elevations indicated on the plans. Fill shall be uniform as to material, density and moisture content. Fill shall be free of large clods, large rocks, organic matter, and other objectionable material. No fill that is placed by dumping in a pile or windrow shall be incorporated into a layer in that position; all such piles and windrows shall be moved by blading or similar method. All fill shall be placed in layers approximately parallel to the finish grade in layers not to exceed six (6) inches of uncompacted depth, unless indicated otherwise on drawings. The fill shall be compacted to a density which approximates that of natural ground unless indicated otherwise on drawings. The Engineer may order proof rolling to test the uniformity of compaction. All irregularities, depressions and soft spots that develop shall be corrected by the Contractor. Excess material from excavation, which is not incorporated into the site as fill, shall be become property of the Contractor and disposed of away from the job site, unless indicated otherwise on the drawings. 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, site grading shall not be measured for pay, but shall be considered subsidiary to other work. 021040 Page 1 of 1 Rev. 10-30-2014 SECTION 025210 LIME STABILIZATION 1. DESCRIPTION This specification shall consist of treating the subgrade, subbase or base by the pulverizing, addition of lime, mixing and compacting the mixed material to the required density. This specification applies to natural ground, embankment, existing pavement structure or proposed base, and shall be constructed as specified herein and in conformity with the typical sections, lines and grades as shown on the plans or as established by the Engineer. 2. MATERIALS (1) The lime shall be a commercially produced "Hydrated Lime" in accordance with AASHTO M216, or in accordance with TxDOT Specification Item 260. The specifications apply specifically to the normal hydrate of lime made from "high - calcium" type limestone. Hydrated lime for stabilization purposes shall be applied as a slurry. (2) Lime to be used for the treated subgrade, existing subbase, existing base or proposed base is determined by preliminary tests and shall be applied at a rate indicated on the drawings, but no less than 6%. 3. EQUIPMENT The machinery, tools and equipment necessary for proper prosecution of the work shall be on the project and approved by the Engineer prior to the beginning of construction operations. All machinery, tools and equipment used shall be maintained in a satisfactory and workmanlike manner. Hydrated lime shall be stored and handled in closed weatherproof containers until immediately before distribution on the roadbed. If storage bins are used, they shall be completely enclosed. Hydrated lime in bags shall be stored in weatherproof buildings with adequate protection from ground dampness. If lime is furnished in trucks, each truck shall have the weight of lime certified on public scales. If lime is furnished in bags, each bag shall bear the manufacturer's certified weight. Bags varying more than 5 percent from that weight may be rejected and the average weight of bags in any shipment, as shown by weighing 50 bags taken at random, shall not be less than the manufacturer's certified weight. 025210 Page 1 of 4 Rev. 10-30-2014 4. CONSTRUCTION METHODS General - It is the primary requirement of this specification to secure a completed course of treated material containing a uniform lime mixture, free from loose or segregated areas, of uniform density and moisture content, well bound for its full depth and with a smooth surface suitable for placing subsequent courses. It shall be the responsibility of the Contractor to regulate the sequence of his work, to use the proper amount of lime, maintain the work and rework the courses as necessary to meet the above requirements. Application - Lime shall be spread only on that area where the first mixing operations can be completed during the same working day. Unless otherwise shown on drawings, lime shall be applied at a rate in pounds of dry -hydrated lime per square yard, in the form of a slurry. Application rate may be varied by the Engineer, if conditions warrant, but no less than 6% must be applied. Certification of lime quantity and quality shall be provided as required to monitor the application. Certification should be in the form of weight tickets which indicate the actual weight of dry hydrated lime, CA(OH)2. The application and mixing of lime with the material shall be accomplished by the method hereinafter described. The lime shall be mixed with water in trucks with approved distributors and applied as a thin water suspension or slurry. Mixing - The mixing procedure shall be as hereinafter described. (a) First Mixing: The material and lime shall be thoroughly mixed by approved road mixers or other approved equipment, and the mixing continued until, in the opinion of the Engineer, a homogeneous, friable mixture of material and lime is obtained, free from all clods or lumps. Materials containing plastic clays or other material which will not readily mix with lime shall be mixed as thoroughly as possible at the time of the lime application, brought to the proper moisture content and left to cure 1 to 4 days as directed by the Engineer. During the curing period, the material shall be kept moist as directed. (b) Final Mixing: After the required curing time, the material shall be uniformly mixed by approved methods. If the soil binder -lime mixture contains clods, they shall be reduced in size by raking, blading, discing, harrowing, scarifying or the use of other approved pulverization methods so that, when all nonslaking aggregates retained on the No. 4 sieve are removed, the remainder of the material shall meet the following requirements when tested dry by laboratory sieves: 025210 Page 2 of 4 Rev. 10-30-2014 Percent Minimum Passing 1" Sieve 100 Minimum Passing No. 4 Sieve 85 Old bituminous wearing surface shall be pulverized so that 100% will pass a 2 '/2" sieve. During the interval of time between applications and mixing, hydrated lime that has been exposed to the open air for a period of 6 hours or more, or to excessive loss due to washing or blowing, will not be accepted for payment. Compaction - Compaction of the mixture shall begin immediately after final mixing and in no case later than 3 calendar days after final mixing, unless approval is obtained from the Engineer. The material shall be aerated or sprinkled as necessary to provide the optimum moisture. Compaction shall begin at the bottom and shall continue until the entire depth of mixture is uniformly compacted as hereinafter specified. If the total thickness of the material to be treated cannot be mixed in one operation, the previously mixed material shall be bladed to a windrow just beyond the area to be treated and the next layer mixed with lime as previously specified. The first layer of the material shall be compacted in such a manner that the treated material will not be mixed with the underlying material. The course shall be sprinkled as required to maintain moisture content on the wet side of optimum and compacted to the extent necessary to provide the specified density. Unless shown otherwise on the drawings, all lime treated subgrades, sub -bases, and bases that are not in direct contact with surface or binder course shall be compacted to a minimum of 95% Standard Proctor density (AASHTO T99), unless otherwise specified. In addition to the requirements specified for density, the full depth of the material shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. After each section is completed, tests, as necessary, will be made by the Engineer. If the material fails to meet the density requirements, it shall be reworked as necessary to meet these requirements. Rework, when required to meet pulverization requirements or density requirements, shall include the addition of lime, about 10% to 15% of the initial application rate, or as deemed necessary by the Engineer. A new optimum density will be obtained. Throughout this entire operation, the shape of the course shall be maintained by blading, and the surface, upon completion, shall be smooth and in conformity with the typical section shown on the drawings and to the established lines and grades. 025210 Page 3 of 4 Rev. 10-30-2014 5. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, lime stabilization for bases, sub -bases and subgrade shall be measured by the square yard of lime -stabilized material in place. Pulverizing, mixing, watering grading, compacting, working material etc., shall not be measured for pay but shall be subsidiary to other work. Payment shall be full compensation for all materials, labor, equipment, tools, and incidentals necessary for the completion of work. 025210 Page 4 of 4 Rev. 10-30-2014 SECTION 025404 ASPHALTS, OILS AND EMULSIONS 1. DESCRIPTION This specification shall govern all work for asphalt cement, cut-back and emulsified asphalts, performance -graded asphalt binders, and other miscellaneous asphaltic materials required to complete the project. 2. MATERIALS When tested according to Texas Department of Transportation Test Methods, the various materials shall meet the applicable requirements of TxDOT Specification Item 300, "Asphalts, Oils, and Emulsions" (Latest Edition). 3. STORAGE, HEATING AND APPLICATION TEMPERATURES Store and apply asphaltic materials in accordance with TxDOT Item 300 (Latest Edition) at the lowest temperature yielding satisfactory results. Follow the manufacturer's instructions for any agitation requirements in storage and in application and storage temperatures. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, asphalts, oils and emulsions shall not be measured and paid for separately, but shall be considered subsidiary to the appropriate bid item. 025404 Page 1 of 1 Rev. 10-30-2014 SECTION 025412 PRIME COAT 1. DESCRIPTION This specification shall consist of an application of asphalt material on the completed base course and/or other approved area in accordance with this specification. Prime Coat shall not be applied when the air temperature is below 60° F and falling, but it may be applied when the air temperature is above 50° F and is rising; the air temperature being taken in the shade and away from artificial heat. Asphalt material shall not be placed when general weather conditions, in the opinion of the Engineer, are not suitable. 2. MATERIALS The asphalt material used for the prime coat shall be MC -30 medium -curing cutback asphalt or AE- P asphalt emulsion prime, unless otherwise specified, and when tested by approved laboratory methods shall meet the requirements of City Standard Specification Section 025404 "Asphalts, Oils and Emulsions". Blotter material shall be native sand. 3. CONSTRUCTION METHODS When, in the opinion of the Engineer, the area and/or base is satisfactory to receive the prime coat, the surface shall be cleaned of dirt, dust, and other deleterious matter by sweeping or other approved methods. If found necessary by the Engineer, the surface shall be lightly sprinkled with water just prior to application of the asphalt material. The asphalt material shall be applied on the clean surface by an approved type of self-propelled pressure distributor so operated as to distribute the material in the quantity specified, evenly and smoothly under a pressure necessary for proper distribution. The Contractor shall provide all necessary facilities for determining the temperature of the asphalt material in all of the heating equipment and in the distributor, for determining the rate at which it is applied, and for securing uniformity at the junction of two distributor loads. All storage tanks, piping, retorts, booster tanks and distributors used in storing or handling asphalt material shall be kept clean and in good operating condition at all times, and they shall be operated in such manner that there will be no contamination of the asphalt material with foreign material. It shall be the responsibility of the Contractor to provide and maintain in good working order a recording thermometer at the storage -heating unit at all times. The distributor shall have been recently calibrated and the Engineer shall be furnished an accurate and satisfactory record of such calibration. After beginning of the work, should the yield on the asphalt material applied appear to be in error, the distributor shall be calibrated in a manner satisfactory to the Engineer before proceeding with the work. Prime shall be applied at a temperature within the recommended range per City Standard 025412 Page 1 of 2 Rev. 10-30-2014 Specification Section 025404 "Asphalts, Oils and Emulsions", with that range being 70 to 150 degrees F. Application rate shall be not less than 0.15 gallon per square yard, unless otherwise specified. The Contractor shall be responsible for the maintenance of the surface until the Engineer accepts the work. No traffic hauling or placement of any subsequent courses shall be permitted over the freshly applied prime coat until authorized by the Engineer. Spread blotter material before allowing traffic to use a primed surface. Allow sufficient time for the prime coat to cure properly before applying surface treatment or asphaltic concrete pavement. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, prime coat shall be measured by the gallon of asphalt material applied. Payment shall include furnishing, heating, hauling and distributing the asphalt material as specified; for furnishing, spreading and removing sand blotter material; for all freight involved; and for all manipulation, labor, materials, tools, equipment and incidentals necessary to complete the work. 025412 Page 2 of 2 Rev. 10-30-2014 SECTION 025424 HOT MIX ASPHALTIC CONCRETE PAVEMENT (Class A) 1. DESCRIPTION This specification shall govern all work required for furnishing and laying Hot Mix Asphalt Concrete (HMAC) surface, binder and base courses required to complete the project. All subsurface utilities must be inspected, tested, and accepted prior to any paving. 2. MATERIALS 2.1. Aggregate. The aggregate shall consist of a blend of course aggregate, fine aggregate and, if required, a mineral filler. 2.1.1. Coarse Aggregate shall consist of that fraction of aggregate retained on a No. 10 sieve and shall consist of crushed furnace slag, crushed stone, or crushed gravel. Deleterious material in course aggregate shall not exceed 2% per TxDOT Test Method TEX-217-F. Course aggregate shall be crushed such that a minimum of 85% of the particles have more than one crushed face, unless noted otherwise on the plans. Los Angeles abrasion losses for course aggregate shall not exceed 40% by weight for the surface course and 45% for the binder and base courses per TxDOT Test Method TEX-410-A. Polish Value not less than 30 for aggregate used in the surface course per TxDOT Test Method TEX-438-A. 2.1.2. Fine Aggregate is defined as the fraction passing a No. 10 sieve and shall be of uniform quality. Fine aggregate shall consist of screenings of material that pass the Los Angeles abrasion requirements in paragraph 2.1.1 above. Screenings shall be blended with a maximum of 15% uncrushed aggregate or field sand for Type D mixes, or a maximum of 10% uncrushed aggregate or field sand for Type A, B, and C mixes. Grading of fine aggregate shall be as follows: Sieve Size Percent Passing by Weight No. 10 100 No. 200 0-15 025424 Page 1 of 8 Rev. 3-25-2015 2.1.3 Filler shall consist of dry stone dust, Portland cement, hydrated lime, or other mineral dust approved by the Engineer. Grading of filler shall be as follows: Sieve Size Minimum Percent Passing by Weight No. 30 95 No. 80 75 No. 200 55 2.2. Reclaimed Asphalt Pavement (RAP). Reclaimed asphalt pavement maybe incorporated into the hot mix asphalt concrete furnished for the project, provided that the mixture is designed per the TxDOT Methods and meets the applicable provisions of said TxDOT Item 340 and this specification. 2.3. Asphalt. Asphalt Material shall be in accordance with Standard Specification Section 025404 "Asphalt, Oils and Emulsions" and AASHTO. 2.3.1. Paving Mixture: APPLICATION ASPHALT GRADE Residential or low volume PG 64-22 Collector Surface Course Binder Course Arterial Surface Course Binder Course Base Courses PG 70-22 PG 64-22 PG 76-22 PG 64-22 PG 64-22 2.3.2. Tack Coat shall consist of an emulsion, SS -1 diluted with equal volume of water and applied at a rate ranging from 0.05 to 0.15 gallon per square yard. 3. PAVING MIXTURE 3.1. Mix Design. The mixture shall be designed in accordance with TxDOT Bulletin C-14 and TxDOT Test Method TEX-204-F to conform to the requirements of this specification. The Contractor shall furnish the mix design for the job -mix to be used for the project, unless shown otherwise on the drawings. The mix design shall be submitted prior to placement of the mixture. The design procedures are actually intended to result at a job -mix with properties in compliance with these specifications, and when properly placed the job -mix will be durable 025424 Page 2 of 8 Rev. 3-25-2015 and stable. The sieve analysis of the job -mix shall be within the range of the Master Gradation and Tolerances specified herein. The job -mix shall meet the density and stability requirements as specified and shall be included with the mix design as submitted per above. If the specific gravity of any of the types of aggregates differs by more than 0.3, use volume method. Plot sieve analysis of job -mix; percent passing versus size on four-cycle semi -log paper or other appropriate type paper. Show tolerance limits and Limits of Master Gradation. 3.2. Master Gradation of Aggregate. The aggregate for the type of mix specified shall be within the following tabulated limits per TxDOT Test Method TEX-200-F (Dry Sieve Analysis): Sieve Size Type A Course Base B Fine Base C Course Surface D Fine Surface 1-1/2" 100 1-1/4" 95-100 1" 100 7/8" 70-90 95-100 100 5/8" 75-95 95-100 1/2" 50-70 100 3/8" 60-80 70-85 85-100 1/4" No. 4 30-50 40-60 43-63 50-70 No. 10 20-34 27-40 30-40 32-42 No.40 5-20 10-25 10-25 11-26 No.80 2-12 3-13 3-13 4-14 No.200 1-6* 1-6* 1-6* 1-6* VMA % minimum 11 12 13 14 025424 Page 3 of 8 Rev. 3-25-2015 * 2-8 when TxDOT Test Method Tex -200-F, Part II (Washed Sieve Analysis) is used. 3.3. Tolerances. The mixture delivered to the job site shall not vary from the job -mix by more than the tolerances specified below. The gradation of the produced mix shall not fall outside the Master Grading Limits, with the following exceptions: for Type B material coarser than 3/8" and for Type D material coarser than #4. Variations from job -mix shall not exceed the following limits, except as noted above: Item: Tolerances Percent by Weight or Volume 1" to No. 10 Plus or Minus 5.0 No. 40 to No. 200 Plus or Minus 3.0 Asphalt Weight Plus or Minus 0.5 Asphalt Volume Plus or Minus 1.2 3.4. Mix Properties. The mixture shall have a minimum Hveem stability of 40 for Type A, B, and C mixes, and 35 for Type D mixes per TxDOT Test Method TEX-208-F at an optimum density of 96% (plus or minus 1.5) of theoretical maximum density per TxDOT Test Methods TEX-227-F and TEX-207-F. 3.5. Sampling and Testing of Raw Materials. The Contractor shall sample materials as necessary to produce a mix in compliance with these specifications. 4. EQUIPMENT 4.1. Mixing Plants. Mixing plants shall be either the weigh batching type or the drum mix type. Both types shall be equipped with satisfactory conveyors, power units, aggregate handling equipment, aggregate screens and bins (weigh batch only), and pollution control devices as required. 4.2. Truck Scales. A set of truck scales, if needed for measurement, shall be placed at a location approved by the Engineer. 4.3. Asphalt Material Heating Equipment. Asphalt material heating equipment shall be adequate to heat the required amount of material to the desired temperature. Agitation with steam or air will not be permitted. The heating apparatus shall be equipped with a recording thermometer with a 24-hour continuous chart that will record the temperature of the asphalt at the highest temperature. 4.4. Surge -Storage System. A surge -storage system may be used provided that the mixture coming out of the bins is of equal quality to that coming out of the mixer. The system shall be equipped with a gob hopper, rotating chute or other devices designed to minimize segregation of the asphalt mixture. 4.5. Laydown Machine. The laydown machine shall be capable of producing a surface that will meet the requirements of the typical cross section, of adequate power to propel the 025424 Page 4 of 8 Rev. 3-25-2015 delivery vehicles, and produce the surface tolerances herein required. It shall be wide enough to lay a 28 -foot street (back-to-back of curbs) in a maximum of two passes. 4.6. Rollers. All rollers shall be self-propelled and of any type capable of obtaining the required density. Rollers shall be in satisfactory operating condition and free from fuel, hydraulic fluid, or any other fluid leaks. 5. STORAGE, PROPORTIONING AND MIXING 5.1. Storage and Heating of Asphalt Materials. Asphalt cement shall not be heated to a temperature in excess of that recommended by the producer. Asphalt storage equipment shall be maintained in a clean condition and operated in such a manner that there will be no contamination with foreign matter. 5.2. Feeding and Drying of Aggregates. The feeding of various sizes of aggregate to the dryer shall be done in such a manner that a uniform and constant flow of materials in the required proportions will be maintained. In no case shall the aggregate be introduced into the mixing unit at a temperature in excess of 350 degrees F. 5.3. Proportioning. All materials shall be handled and proportioned in a manner that yield an acceptable mixture as herein specified and as defined by the 'off b -mix. 5.4. Mixing. 5.4.1. Weigh Batch Plant. In charging the weigh box and in charging the pugmill from the weigh box, such methods or devices shall be used as necessary to minimize segregation of the mixture. 5.4.2. Drum Mix Plant. The amount of aggregate and asphalt cement entering the mixer and the rate of travel through the mixer shall be coordinated so that a uniform mixture of the desired gradation and asphalt content will be produced. 5.4.3. The mixture produced from each type of plant shall not vary from the ' o� b -mix by more than the tolerances and restrictions herein specified. The mixture when discharged from the plant shall have a moisture content not greater than one percent by weight of total mix when determined by TxDOT Test Method TEX-212-F. 5.4.4. The mixture produced from each type of plant shall be at a temperature between 250 and 325 degrees F. After a target mixing temperature has been established, the mixture when discharged from the mixer shall not vary from this temperature by more than 25 degrees F. 6. CONSTRUCTION METHODS 6.1. Construction Conditions. For mat thicknesses greater than 1.5 inches, the asphalt material may be placed with a laydown machine when the air temperature is 40 degrees F and 025424 Page 5 of 8 Rev. 3-25-2015 rising but not when the air temperature is 50 degrees F and falling. In addition, mat thickness less than and including 1.5 inches shall not be placed when the temperature of the surface on which the mat is placed is below 50 degrees F. All subsurface utilities shall be inspected, tested, and accepted prior to paving. 6.2. Prime Coat. If a prime coat is required, it shall be applied and paid for as a separate item conforming to the requirements of City Standard Specification Section 025412 "Prime Coat", except the application temperature shall be as provided above. The tack coat or asphaltic concrete shall not be applied on a previously primed flexible base until the primed base has completely cured to the satisfaction of the Engineer. 6.3. Tack Coat. Before the asphalt mixture is laid, the surface upon which the tack coat is to be placed shall be thoroughly cleaned to the satisfaction of the Engineer. The surface shall be given a uniform application of tack coat using materials and rates herein specified and/or as shown on the plans. The tack coat shall be rolled with a pneumatic tire roller as necessary. Tack coat is required before any pavement course not placed immediately following the previous course placement. 6.4. Transporting Asphalt Concrete. The asphalt mixture shall be hauled to the job site in tight vehicles previously cleaned of all foreign matter. In cool weather or for long hauls, canvas covers and insulated truck beds may be necessary. The inside of the bed may be given a light coating of lime water or other suitable release agent necessary to prevent from adhering. Diesel oil is not allowed. 6.5. Placing. The asphalt mixture shall be spread on the approved prepared surface with a laydown machine or other approved equipment in such a manner that when properly compacted, the finished surface will be smooth and of uniform density, and meet the requirements of the typical cross section as shown on the plans. 6.5.1. Flush Structures. Adjacent to flush curbs, gutters, liners and structures, the surface shall be finished uniformly high so that when compacted, it will be slightly above the edge of the curb and flush structure. 6.5.2. Construction joints of successive courses of asphaltic material shall be offset at least six inches. Construction joints on surface courses shall coincide with lane lines, or as directed by the Engineer, but shall not be in the anticipated wheel path of the roadway. 6.6. Compacting. The asphalt mixture shall be compacted thoroughly and uniformly with the necessary rollers to obtain the required density and surface tolerances herein described and any requirements as shown on the plans. Regardless of the method of compaction control followed, all rolling shall be completed before the mixture temperature drops below 175 degrees F. 025424 Page 6 of 8 Rev. 3-25-2015 6.7. In -Place Density. In-place density control is required for all mixtures except for thin, irregular level -up courses. Material should be compacted to between 96% and 92% of maximum theoretical density or between 4% and 8% air voids. Average density shall be greater than 92% and no individual determination shall be lower than 90%. Testing shall be in accordance with TxDOT Test Methods TEX-207-F and TEX-227-F. Pavement specimens, which shall be either cores or sections of the compacted mixture, will be tested as required to determine the percent air voids. Other methods, such as nuclear determination of in-place density, which correlate satisfactorily with actual project specimens may be used when approved by the Engineer. 6.8. Thickness. The total compacted average thickness of the combined HMAC courses shall not be less than the amount specified on the drawings. No more than 10% of the measured thickness(es) shall be more than 1/4 inch less than the plan thickness(es). If so, the quantity for pay shall be decreased as deemed appropriate by the Engineer. 6.9. Surface Smoothness Criteria and Tests. The pavement surface after compaction, shall be smooth and true to the established lines, grade and cross-section. The surface shall be tested by the City with the Mays Roughness Meter. The Mays Roughness Value for each 600 -foot section shall not exceed ninety inches per mile per traffic lane. For each 600 -foot section not meeting this criteria, the Engineer shall have the option of requiring that section to be reworked to meet the criteria, or paying an adjusted unit price for the surface course. The unit price adjustment shall be made on the following basis: Adjusted Unit Price = (Adjustment Factor) X Surface Course Unit Bid Price The adjustment factor shall be: For Residential Streets: Adjustment Factor = 1.999 - 0.0111 M For All Other Class Streets (Non Residential) Adjustment Factor = 1.287 - 0.0143 M Where M = Mays Roughness Value In no case shall the Contractor be paid more than the unit bid price. If the surface course is an inverted penetration (surface treatment) the Mays Roughness Value observed will be reduced by ten inches per mile, prior to applying the above criteria. Localized defects (obvious settlements, humps, ridges, etc.) shall be tested with a ten -foot straightedge placed parallel to the roadway centerline. The maximum deviation shall not 025424 Page 7 of 8 Rev. 3-25-2015 exceed 1/8 inch in ten feet. Areas not meeting this criteria shall be corrected to the satisfaction of the Engineer. Pavement areas having surface irregularities, segregation, raveling or otherwise deemed unacceptable by the Engineer shall be removed and replaced by the Contractor in a manner approved by the Engineer, at no additional cost to the City. 6.10. Opening to Traffic. The pavement shall be opened to traffic when directed by the Engineer. The Contractor's attention is directed to the fact that all construction traffic allowed on pavement open to the public will be subject to the State laws governing traffic on highways. If the surface ravels, it will be the Contractor's responsibility to correct this condition at his expense. 7. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, hot mix asphaltic concrete pavement shall be measured by the square yard of the type and thickness of "Hot Mix Asphaltic Concrete" as shown on the drawings. The Contractor shall provide the Engineer with copies of the "pay ticket" identifying the truck and showing the gross empty weight of the truck with driver as it arrives at the plant and the gross loaded weight of the truck with driver as it leaves the plant. The measured amount will be the difference of the loaded and empty trucks converted to tons. Payment shall be full compensation for quarrying, furnishing all materials, freight involved; for all heating, mixing, hauling, cleaning the existing base course or pavement, tack coat, placing asphaltic concrete mixture, rolling and finishing; and for all manipulations, labor, tools, equipment, and incidentals necessary to complete the work except prime coat when required. Prime coat, performed where required, will be measured and paid for in accordance with the provisions governing City Standard Specification Section 025412 "Prime Coat". All templates, straightedges, scales, and other weight and measuring devices necessary for the proper construction, measuring and checking of the work shall be furnished, operated and maintained by the Contractor at his expense. Any paving placed prior to inspection, testing, and acceptance of underground utilities may be rejected by the City and will be replaced at the Contractor's expense after correcting any subsurface utility defects. Pavement that fails to meet the in place density criteria may be rejected by the City and will be replaced at the Contractor's expense, or such pavement may, at the City's discretion, be accepted by the City and the unit price for payment shall be reduced as deemed appropriate by the Engineer. 025424 Page 8 of 8 Rev. 3-25-2015 SECTION 025610 CONCRETE CURB AND GUTTER 1. DESCRIPTION This specification shall consist of Portland cement concrete combined concrete curb and gutter or separate concrete curb with or without reinforcing steel as required, constructed on an approved subgrade or foundation material in accordance with these specifications, in conformity with the lines and grades established by the Engineer and details shown on the drawings. 2. MATERIALS Unless otherwise specified on the drawings, materials and proportions for concrete used in construction under this specification shall conform to the requirements as specified for Class "A" Concrete under City Standard Specification Section 030020 "Portland Cement Concrete". Reinforcing steel shall conform to the requirements as specified in City Standard Specification Section 032020 "Reinforcing Steel". Expansion joint filler shall be redwood material meeting the requirements specified in City Standard Specification Section 038000 "Concrete Structures". 3. CONSTRUCTION METHODS The foundation shall be excavated and shaped to line, grade and cross-section, and hand tamped and sprinkled. If dry, the subgrade or foundation material shall be sprinkled lightly with water and compacted to not less than 98% Standard Proctor density, or as required on the drawings. Flexible base shall be compacted to specified density and moisture immediately before concrete is deposited thereon. Outside forms shall be of wood or metal, of a section satisfactory to the Engineer, straight, free of warp, and of a depth equal to the depth of the curb and gutter. They shall be securely staked to line and grade, and maintained in a true position during the depositing of concrete. Inside forms for the curb shall be approved material, shall be of such design as to provide the curb required, and shall be rigidly attached to the outside forms. For reinforced concrete roadways, all jointing must be reflected through the curb, including redwood expansion joints and construction joints. Driveway gutter shall be placed integrally with the driveway as shown on the City Standard Details. The reinforcing steel shall be placed in position as shown on the typical details. Care shall be exercised to keep all reinforcing steel in its proper location. Concrete for curb and gutter shall be mixed in a manner satisfactory to the Engineer. The curb and gutter shall be placed in sections of the length indicated on the plans, and each section shall be separated by a premolded insert or board joint of cross-section specified for the curb and gutter, and of the thickness indicated on the drawings. 025610 Page 1 of 2 Rev. 3-25-2015 After the concrete has been struck off and after it has become sufficiently set, the exposed surfaces shall be thoroughly worked with a wooden float. The exposed edges shall be rounded by the use of an edging tool to the radius indicated on the drawings. All exposed surfaces of curb and gutter, or curb, shall be brushed to a smooth and uniform surface. The completed curb and gutter shall be cured with Type 2, white pigmented curing compound unless shown otherwise on the drawings. Other methods of curing as outlined in City Standard Specification Section 038000 "Concrete Structures" will be acceptable with a required curing period of 72 hours. The area behind the curb shall be backfilled, tamped, and sloped as directed as soon as possible and no later than 48 hours after the removal of forms. Backfill shall be placed to the full height of the curb, or as otherwise specified. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, concrete curb and gutter or concrete curb will be measured by the linear foot for each type of curb, complete in place. Payment shall be full compensation for preparing the subgrade; for furnishing and placing all materials including reinforcing steel and expansion joint material; for furnishing, placing, shaping and tamping backfill; and for all manipulation, labor, tools, equipment and incidentals necessary to complete the work. 025610 Page 2 of 2 Rev. 3-25-2015 SECTION 025612 CONCRETE SIDEWALKS AND DRIVEWAYS 1. DESCRIPTION This specification shall consist of sidewalks and driveways, with or without reinforcing steel, composed of Portland cement concrete, constructed as herein specified on an approved subgrade, in conformity with the lines and grades established by the Engineer and the details shown on the drawings. 2. MATERIALS Materials and proportions used in construction under this item shall conform to the requirements as specified for Class "A" concrete under City Standard Specification Section 030020 "Portland Cement Concrete". Reinforcing steel shall conform to the requirements as specified in City Standard Specification Section 032020 "Reinforcing Steel". Expansion joint filler shall be redwood meeting the requirements specified in City Standard Specification Section 038000 "Concrete Structures". Cap seal shall be "Greenstreak" or approved equal. 3. CONSTRUCTION METHODS The subgrade shall be excavated, compacted and shaped to line, grade and cross-section and hand tamped and sprinkled with water. Subgrade under concrete sidewalks and driveways shall be compacted to not less than 95% Standard Proctor density. The subgrade shall be within 0-3% of optimum moisture content at the time the concrete is placed. Forms shall be of wood or metal, of a section satisfactory to the Engineer, straight, free from warp, and of a depth equal to the thickness of the finished work. They shall be securely staked to line and grade and maintained in a true position during the depositing of concrete. The reinforcing steel shall be placed in position as shown on the drawings. Care shall be exercised to keep all reinforcing steel in its proper location. Driveways shall incorporate the gutter in a unified concrete placement as shown in the City Standard Detail for driveways. Sidewalks shall be constructed in sections of the lengths shown on drawings. Unless otherwise provided by the drawings, no section shall be of a length less than 8 feet, and any section less than 8 feet shall be removed by the Contractor at his own expense. 025612 Page 1 of 2 Rev. 3-25-2015 The different sections shall be separated by a premolded insert or board joint of the thickness shown on the drawings, placed vertically and at right angles to the longitudinal axis of the sidewalks. Where the sidewalk or driveways abut a curb or retaining wall, approved expansion joint material shall be placed along their entire length. Similar expansion joint material shall be placed around all obstructions protruding through sidewalks or driveways. Concrete shall be mixed in a manner satisfactory to the Engineer, placed in the forms to the depth specified and spaded and tamped until thoroughly compacted and mortar entirely covers the surface. The top surface shall be floated with a wooden float to a gritty texture. The outer edges and joints shall then be rounded with approved tools to the radii shown on drawings. 5 -foot wide sidewalks shall be marked into separate sections, each 5 feet in length, by the use of approved jointing tools. For other widths of sidewalk, joints to be spaced longitudinally to match the transverse width. When completed, the sidewalks and driveways shall be cured with Type 2, white pigmented curing compound. Other methods of curing as outlined in City Standard Specification Section 038000 "Concrete Structures" will be acceptable with a required curing period of 72 hours. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, concrete sidewalks and driveways shall be measured by the square foot of surface area of completed sidewalks, driveways, or sidewalks and driveways, as indicated on the drawings. Payment shall be full compensation for preparing and compacting the subgrade; for furnishing and placing all materials including concrete, reinforcing steel and expansion joint material; and for all manipulation, labor, tools, equipment and incidentals necessary to complete the work. 025612 Page 2 of 2 Rev. 3-25-2015 SECTION 025802 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION 1. DESCRIPTION This specification shall govern all work required for Temporary Traffic Controls during construction. The work shall include furnishing, installing, moving, replacing, and maintaining all temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary detours, temporary striping and markers, flagger, temporary drainage pipes and structures, blue business signs, and such temporary devices as necessary to safely complete the project. 2. MATERIALS Traffic control devices shall conform to the latest edition of the "Texas Manual on Uniform Traffic Control Devices", unless indicated otherwise on the Traffic Control Plan. 3. METHODS Sufficient traffic control measures shall be used to assure a safe condition and to provide a minimum of inconvenience to motorists and pedestrians. If the Traffic Control Plan (TCP) is included in the drawings, any changes to the TCP by the Contractor shall be prepared by a Texas licensed professional engineer and submitted to the City Traffic Engineer for approval, prior to construction. If the TCP is not included in the drawings, the Contractor shall provide the TCP prepared by a Texas licensed professional engineer and submit the TCP to the City Traffic Engineer for approval, prior to construction. The Contractor is responsible for implementing and maintaining the traffic control plan and will be responsible for furnishing all traffic control devices, temporary signage and ATSSA certified flaggers. The construction methods shall be conducted to provide the least possible interference to traffic so as to permit the continuous movement of traffic in all allowable directions at all times. The Contractor shall cleanup and remove from the work area all loose material resulting from construction operations at the end of each workday. All signs, barricades, and pavement markings shall conform to the BC standard sheets, TCP sheets and the latest version of the "Texas Manual on Uniform Traffic Control Devices". The Contractor may be required to furnish additional barricades, signs, and warning lights to maintain traffic and promote motorists safety. Any such additional signs and barricades will be considered subsidiary to the pay item for traffic control. All signs, barricades, and posts will be either new or freshly painted. The contractor and any traffic control subcontractor must be ATSSA certified for Traffic Control. 025802 Page 1 of 3 Rev. 10-30-2014 A competent person, responsible for implementation of the TCP and for traffic safety, shall be designated by the Contractor. The name and off -hours phone number of the competent person shall be provided in writing at the Pre -Construction Conference. The competent person shall be on site, during working hours and on call at all times in the event of off -hour emergency. The contractor must provide temporary blue sign boards that direct traffic to businesses and driveways during each phase of construction — see example below. The sign boards may be either skid mounted or barrel mounted. The City will assist the contractor in determining which businesses and driveways will receive signage during various construction phases. The provision, installation, and removal of signage will be considered to be subsidiary to the contract items provided for "Traffic Control." o. Example Blue Sign 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, temporary traffic controls during construction shall be measured as a lump sum. Payment shall include, but not be limited to, furnishing, installing, moving, replacing and maintaining all temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary striping and markers, flaggers, removable and non -removable work zone pavements markings and signage, channelizing devices, temporary detours, temporary flexible -reflective roadway marker tabs, temporary traffic markers, temporary drainage pipes and structures, blue business signs, and such temporary devices and relocation of existing signs and devices. Payment shall be full compensation for all labor, 025802 Page 2 of 3 Rev. 10-30-2014 equipment, materials, personnel, and incidentals necessary to provide a safe condition during construction of all phases and elements of the project and to complete the work. Payment will be made on the following basis: The initial monthly estimate will include 50% of the lump sum bid amount minus retention (typically 5%). The balance will be paid with the final estimate, upon completion of the project. 025802 Page 3 of 3 Rev. 10-30-2014 SECTION 028040 SODDING 1. DESCRIPTION This specification shall govern all work necessary for furnishing and placing sod as required to complete the project. 2. MATERIALS Fertilizer: Sod: Water: All fertilizer used shall be delivered in bags or containers with clearly marked analysis. A granulated fertilizer shall be used with an analysis of 10-20-10. These figures represent the percent of nitrogen, phosphoric acid and potash nutrients, respectively, as determined by the methods of the Association of Official Agricultural Chemists. The rate of application shall be not less than 350 pounds per acre (7.23 lb. per 100 SY). In the event that it is necessary to substitute a fertilizer with a different analysis, it shall be granulated fertilizer with a lower concentration. The total nutrients applied per unit area shall not be less that the specified amount of each nutrient. Sod shall consist of live Bermuda grass with thickly matted roots throughout the soil and with a minimum thickness of 3 inches or 0.25 foot, or live St. Augustine with thickly matted roots throughout the soil with a minimum thickness of 1 inch or 0.08 foot. The Contractor shall not use sod where grass is thinned out. Grass shall be mowed and raked to remove all weeds and long stems prior to extraction at the source. Sod and soil shall be kept moist at all times during the sodding process. Care must be taken at all times to retain native soil on the root system. Water shall be free from oils, acids, alkalis, and salts that may inhibit grass growth. Unless indicated otherwise on the drawings, water shall be provided by the City and shall be transported and applied by the Contractor. 3. CONSTRUCTION METHODS Spot Sodding: Prior to planting, the area to be sodded shall be graded and shaped. Squares of sod with a minimum width of 3 inches shall be planted in rows on 15 -inch centers in both directions. Sod shall be placed so that it is firmly against the bottom of the hole, and the top of the sod shall not be more than 1/2 inch below finished grade. Soil shall be firmly packed against all sides of the sod. Soil shall not be allowed to cover the sod except for soil incidental to raking, provided that the quantity of soil is not enough to hinder the growth. Areas to be spot sodded shall be indicated on the drawing or as directed by the Engineer in field. After sod has been planted, the area shall be fertilized and watered. 028040 Page 1 of 2 Rev. 3-25-2015 Block Sodding: Prior to planting, the area to be sodded shall be graded and shaped. Sod blocks shall be uniformly placed over the prepared area. The sodded area shall then be fertilized and watered. After the area is sufficiently dry, the area shall be rolled or tamped to form a thoroughly compacted mat. Any voids in the mats shall be filled with additional sod and tamped. If, in the opinion of the Engineer, slopes may cause displacement, areas to be block sodded shall be indicated on the drawings or as directed by the Engineer in the field. Mulch Sodding: The sod source shall be disked in two directions cutting the sod thoroughly to a depth of not less than 4 inches or more than 10 inches, being careful to avoid having soil containing no grass roots. The disked sod may be windrowed or otherwise handled in a manner satisfactory to the Engineer. The material shall be rejected if not kept in a moist condition. Prior to placing mulch sod, the cut slopes shall be scarified by plowing furrows 4 inches to 6 inches deep along horizontal slope lines at 2 -foot vertical intervals. Excavated material from the furrows shall not protrude more than 3 inches above the original surface of the cut. Fertilizer shall be distributed uniformly over the area. The sod shall then be dumped upon the prepared area and spread uniformly to the required approximate thickness shown on the plans. Any section not true to lines and cross section shall be remedied by the addition of sod material. After the sod material has been spread and shaped, it shall be compacted with a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. The area to be mulch sodded shall be indicated on the drawings or as directed by the Engineer in the field. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, spot sodding and block sodding shall be measured by the square yard taken in a horizontal plane. Payment shall include, but not be limited to, excavation, transporting, storing and placing of sod, and application of fertilizer and water. 028040 Page 2 of 2 Rev. 3-25-2015 PART S - STANDARD SPECIFICATIONS DIVISION 03 CONCRETE Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 SECTION 030020 PORTLAND CEMENT CONCRETE 1. DESCRIPTION This specification shall govern for the materials used; for the storing and handling of materials; and for the proportioning and mixing of concrete for culverts, manholes, inlets, curb and gutter, sidewalks, driveways, curb ramps, headwalls and wingwalls, riprap, and incidental concrete construction. The concrete shall be composed of Portland cement, aggregates (fine and coarse), admixtures if desired or required, and water, proportioned and mixed as hereinafter provided. 2. MATERIALS (1) Cement The cement shall be either Type I, II or III Portland cement conforming to ASTM Designation: C150, modified as follows: Unless otherwise specified by the Engineer, the specific surface area of Type I and II cements shall not exceed 2000 square centimeters per gram (Wagner Turbidimeter — TxDOT Test Method Tex -310-D). For concrete piling, the above limit on specific surface area is waived for Type II cement only. The Contractor shall furnish the Engineer, with each shipment, a statement as to the specific surface area of the cement expressed in square centimeters per gram. For cement strength requirements, either the flexural or compressive test may be used. Either Type I or II cement shall be used unless Type II is specified on the plans. Except when Type II is specified on the plans, Type III cement may be used when the anticipated air temperature for the succeeding 12 hours will not exceed 60°F. Type III cement may be used in all precast prestressed concrete, except in piling when Type II cement is required for substructure concrete. Different types of cement may be used in the same structure, but all cement used in any one monolithic placement shall be of the same type and brand. Only one brand of each type will be permitted in any one structure unless otherwise authorized by the Engineer. Cement may be delivered in bulk where adequate bin storage is provided. All other cement shall be delivered in bags marked plainly with the name of the manufacturer and the type of cement. Similar information shall be provided in the bills of lading accompanying each shipment of packaged or bulk cement. Bags shall contain 94 pounds net. All bags shall be in good condition at time of delivery. All cement shall be properly protected against dampness. No caked cement will be accepted. Cement remaining in storage for a prolonged period of time may be retested and rejected if it fails to conform to any of the requirements of these specifications. 030020 Page 1 of 13 Rev. 10-30-2014 (2) Mixing Water Water for use in concrete and for curing shall be free from oils, acids, organic matter or other deleterious substances and shall not contain more than 1000 parts per million of chlorides as CL nor more than 1000 parts per million of sulfates as SO4. Water from municipal supplies approved by the State Health Department will not require testing, but water from other sources will be sampled and tested before use in structural concrete. Tests shall be made in accordance with the "Method of Test for Quality of Water to be Used in Concrete" (AASHTO Method T26), except where such methods are in conflict with provisions of this specification. (3) Coarse Aggregate Coarse aggregate shall consist of durable particles of gravel, crushed blast furnace slag, crushed stone, or combinations thereof; free from frozen material or injurious amount of salt, alkali, vegetable matter, or other objectionable material either free or as an adherent coating; and its quality shall be reasonably uniform throughout. It shall not contain more than 0.25 percent by weight of clay lumps, nor more than 1.0 percent by weight of shale, nor more than 5 percent by weight of laminated and/or friable particles when tested in accordance with TxDOT Test Method Tex -413-A. It shall have a wear of not more than 40 percent when tested in accordance with TxDOT Test Method Tex -410-A. Unless otherwise specified on the plans, coarse aggregate will be subjected to five cycles of the soundness test in accordance with TxDOT Test Method Tex -411-A. The loss shall not be greater than 12 percent when sodium sulfate is used, or 18 percent when magnesium sulfate is used. Permissible sizes of aggregate shall be governed by Table 4 and Table 1, except that when exposed aggregate surfaces are required, coarse aggregate gradation will be as specified on the plans. When tested by approved methods, the coarse aggregate, including combinations of aggregates when used, shall conform to the grading requirements shown in Table 1. 030020 Page 2 of 13 Rev. 10-30-2014 TABLE 1 Coarse Aggregate Gradation Chart Percent Retained on Each Sieve Aggregate Grade No. Nominal Size 2-'/2 In. 2 In. 1-1/2 In. 1 In. 3/4 In. 1/2 In. 3/8 In. No. 4 No. 8 1 2 in. 0 0 to 20 15 to 50 60 to 80 95 to 100 2 (467)* 1-1/2 in. 0 0 to 5 30 to 65 70 to 90 95 to 100 4 (57)* 1 in. 0 0 to 5 40 to 75 90 to 100 95 to 100 8 3/8 in. 0 0 to 5 35 to 80 90 to 100 *Numbers in parenthesis indicate conformance with ASTM C33. The aggregate shall be washed. The Loss by Decantation (TxDOT Test Method Tex -406-A) plus the allowable weight of clay lumps, shall not exceed one percent, or the value shown on the plans, whichever is smaller. (4) Fine Aggregate Fine aggregate shall consist of clean, hard, durable and uncoated particles of natural or manufactured sand or a combination thereof, with or without a mineral filler. It shall be free from frozen material or injurious amounts of salt, alkali, vegetable matter or other objectionable material and it shall not contain more than 0 5 percent by weight of clay lumps. When subjected to the color test for organic impurities (TxDOT Test Method Tex -408-A), it shall not show a color darker than standard. The fine aggregate shall produce a mortar having a tensile strength equal to or greater than that of Ottawa sand mortar when tested in accordance with TxDOT Test Method Tex -317-D. Where manufactured sand is used in lieu of natural sand for slab concrete subject to direct traffic, the acid insoluble residue of the fine aggregate shall be not less than 28 percent by weight when tested in accordance with TxDOT Test Method Tex -612-J. When tested by approved methods, the fine aggregate or combination of aggregates, including mineral filler, shall conform to the grading requirements shown in Table 2. 030020 Page 3 of 13 Rev. 10-30-2014 TABLE 2 Fine Aggregate Gradation Chart Percent Retained on Each Sieve Aggregate Grade No. 3/8 In. No. 4 No. 8 No. 16 No. 30 No. 50 No. 100 No. 200 1 0 0 to 5 0 to 20 15 to 50 35 to 75 70 to 90 90 to 100 97 to 100 NOTE 1: Where manufactured sand is used in lieu of natural sand, the percent retained on the No. 200 sieve shall be 94 to 100. NOTE 2: Where the sand equivalent value is greater than 85, the retainage on the No. 50 sieve may be 70 to 94 percent. Fine aggregate will be subjected to the Sand Equivalent Test (TxDOT Test Method Tex -203-F). The sand equivalent shall not be less than 80 nor less than the value shown on the plans, whichever is greater. For concrete Classes 'A' and 'C', the fineness modulus as defined below for fine aggregates shall be between 2.30 and 3.10. The fineness modulus will be determined by adding the percentages by weight retained on the following sieves, and dividing by 100; Nos. 4, 8, 16, 30, 50 and 100. (5) Mineral Filler Mineral filler shall consist of stone dust, clean crushed sand, or other approved inert material. (6) Mortar (Grout) Mortar for repair of concrete shall consist of 1 part cement, 2 parts finely graded sand, and enough water to make the mixture plastic. When required to prevent color difference, white cement shall be added to produce the color required. When required by the Engineer, latex adhesive shall be added to the mortar. (7) Admixtures Calcium Chloride will not be permitted. Unless otherwise noted, air -entraining, retarding and water -reducing admixtures may be used in all concrete and shall conform to the following requirements: A "water -reducing, retarding admixture" is defined as a material which, when added to a concrete mixture in the correct quantity, will reduce the quantity of mixing water required to produce concrete of a given consistency and will retard the initial set of the concrete. A "water -reducing admixture" is defined as a material which, when added to a concrete mixture in the correct quantity, will reduce the quantity of mixing water required to produce concrete of a 030020 Page 4 of 13 Rev. 10-30-2014 given consistency. (a) Retarding and Water -Reducing Admixtures. The admixture shall meet the requirements for Type A and Type D admixture as specified in ASTM Designation: C494, modified as follows: (1) The water -reducing retarder shall retard the initial set of the concrete a minimum of 2 hours and a maximum of 4 hours, at a specified dosage rate, at a temperature of 90°F. (2) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (3) Unless otherwise noted on the plans, the minimum relative durability factor shall be 80. The air -entraining admixture used in the referenced and test concrete shall be neutralized Vinsol resin. (b) Air -Entraining Admixture. The admixture shall meet the requirements of ASTM Designation: C260, modified as follows: (1) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (2) Unless otherwise noted on the plans, the minimum relative durability factor shall be 80. The air -entraining admixture used in the referenced concrete shall be neutralized Vinsol resin. 3. STORAGE OF CEMENT All cement shall be stored in well -ventilated weatherproof buildings or approved bins, which will protect it from dampness or absorption of moisture. Storage facilities shall be ample, and each shipment of packaged cement shall be kept separated to provide easy access for identification and inspection. The Engineer may permit small quantities of sacked cement to be stored in the open for a maximum of 48 hours on a raised platform and under waterproof covering. 4. STORAGE OF AGGREGATE The method of handling and storing concrete aggregate shall prevent contamination with foreign materials. If the aggregates are stored on the ground, the sites for the stockpiles shall be clear of all vegetation and level. The bottom layer of aggregate shall not be disturbed or used without recleaning. 030020 Page 5 of 13 Rev. 10-30-2014 When conditions require the use of two or more sizes of aggregates, they shall be separated to prevent intermixing. Where space is limited, stockpiles shall be separated by physical barriers. Methods of handling aggregates during stockpiling and subsequent use shall be such that segregation will be minimized. Unless otherwise authorized by the Engineer, all aggregate shall be stockpiled at least 24 hours to reduce the free moisture content. 5. MEASUREMENT OF MATERIALS The measurement of the materials, except water, used in batches of concrete, shall be by weight. The fine aggregate, coarse aggregate and mineral filler shall be weighed separately. Where bulk cement is used, it shall be weighed separately, but batch weighing of sacked cement will not be required. Where sacked cement is used, the quantities of material per batch shall be based upon using full bags of cement. Batches involving the use of fractional bags will not be permitted. Allowance shall be made for the water content in the aggregates. Bags of cement varying more than 3 percent from the specified weight of 94 pounds may be rejected, and when the average weight per bag in any shipment, as determined by weighing 50 bags taken at random, is less than the net weight specified, the entire shipment may be rejected. If the shipment is accepted, the Engineer will adjust the concrete mix to a net weight per bag fixed by an average of all individual weights which are less than the average weight determined from the total number weighed. 6. CLASSIFICATION AND MIX DESIGN It shall be the responsibility of the Contractor to furnish the mix design, using a coarse aggregate factor acceptable to the Engineer, for the class(es) of concrete specified. The mix shall be designed by a qualified concrete technician to conform with the requirements contained herein and in accordance with the THD Bulletin C-11. The Contractor shall perform, at his own expense, the work required to substantiate the design, except the testing of strength specimens, which will be done by the Engineer. Complete concrete design data shall be submitted to the Engineer for approval. It shall also be the responsibility of the Contractor to determine and measure the batch quantity of each ingredient, including all water, so that the mix conforms to these specifications and any other requirements shown on the plans. Trial batches will be made and tested using all of the proposed ingredients prior to placing the concrete, and when the aggregate and/or brand of cement or admixture is changed. Trial batches shall be made in the mixer to be used on the job. When transit mix concrete is to be used, the trial designs will be made in a transit mixer representative of the mixers to be used. Batch size shall not be less than 50 percent of the rated mixing capacity of the truck. Mix designs from previous or concurrent jobs may be used without trial batches if it is shown that 030020 Page 6 of 13 Rev. 10-30-2014 no substantial change in any of the proposed ingredients has been made. The coarse aggregate factor shall not be more than 0.82, except that when the voids in the coarse aggregate exceed 48 percent of the total dry loose volume, the coarse aggregate factor shall not exceed 0.85. The coarse aggregate factor shall not be less than 0.70 for Grades 1, 2 and 3 aggregates. If the strength required for the class of concrete being produced is not secured with the cement specified in Table 4, the Contractor may use an approved water -reducing or retarding admixture, or he shall furnish aggregates with different characteristics which will produce the required results. Additional cement may be required or permitted as a temporary measure until the redesign is checked. Water -reducing or retarding agents may be used with all classes of concrete at the option of the Contractor. When water -reducing or retarding agents are used at the option of the Contractor, reduced dosage of the admixture will be permitted. Entrained air will be required in accordance with Table 4. The concrete shall be designed to entrain 5 percent air when Grade 2 coarse aggregate is used and 6 percent when Grade 3 coarse aggregate is used. Concrete as placed in the structure shall contain the proper amount as required above with a tolerance of plus or minus 1.5 percentage points. Occasional variations beyond this tolerance will not be cause for rejection. When the quantity of entrained air is found to be above 7 percent with Grade 2 coarse aggregate or above 8 percent for Grade 3 coarse aggregate, additional test beams or cylinders will be made. If these beams or cylinders pass the minimum flexural or compressive requirements, the concrete will not be rejected because of the variation in air content. 7. CONSISTENCY In cases where the consistency requirements cannot be satisfied without exceeding the maximum allowable amount of water, the Contractor may use, or the Engineer may require, an approved water -reducing or retarding agent, or the Contractor shall furnish additional aggregates or aggregates with different characteristics, which will produce the required results. Additional cement may be required or permitted as a temporary measure until aggregates are changed and designs checked with the different aggregates or admixture. The consistency of the concrete as placed should allow the completion of all finishing operations without the addition of water to the surface. When field conditions are such that additional moisture is needed for the final concrete surface finishing operation, the required water shall be applied to the surface by fog spray only, and shall be held to a minimum. The concrete shall be workable, cohesive, possess satisfactory finishing qualities, and of the stiffest consistency that can be placed and vibrated into a homogenous mass. Excessive bleeding shall be avoided. Slump requirements will be as specified in Table 3. 030020 Page 7 of 13 Rev. 10-30-2014 Concrete Designation Structural Concrete: (1) Thin -Walled Sections (9" or less) (2) Slabs, Caps, Columns, Piers, Wall Sections over 9", etc. Underwater or Seal Concrete Riprap, Curb, Gutter and Other Miscellaneous Concrete TABLE 3 Slump Requirements Desired Slump Max. Slump 4 inches 5 inches 3 inches 4 inches 5 inches 6 inches 2.5 inches 4 inches NOTE: No concrete will be permitted with slump in excess of the maximums shown. 8. QUALITY OF CONCRETE General The concrete shall be uniform and workable. The cement content, maximum allowable water - cement ratio, the desired and maximum slump and the strength requirements of the various classes of concrete shall conform to the requirements of Table 3 and Table 4 and as required herein. During the process of the work, the Engineer or his designated representative will cast test cylinders or beams as a check on the compressive or flexural strength of the concrete actually placed. Test cylinders must be picked up by the testing lab within 24 hours. A test shall be defined as the average of the breaking strength of two cylinders or two beams, as the case may be. Specimens will be tested in accordance with TxDOT Test Methods Tex -418-A or Tex -420-A. Test beams or cylinders will be required as specified in the contract documents. For small placements on structures such as manholes, inlets, culverts, wingwalls, etc., the Engineer may vary the number of tests to a minimum of one for each 25 cubic yards placed over a several day period. All test specimens, beams or cylinders, representing tests for removal of forms and/or falsework shall be cured using the same methods, and under the same conditions as the concrete represented. "Design Strength" beams and cylinders shall be cured in accordance with THD Bulletin C-11. The Contractor shall provide and maintain curing facilities as described in THD Bulletin C-11 for the purpose of curing test specimens. Provision shall be made to maintain the water in the curing tank at temperatures between 70°F and 90°F. When control of concrete quality is by twenty -eight-day compressive tests, job control will be by seven-day compressive tests which are shown to provide the required twenty -eight-day strength, based on results from trial batches. If the required seven-day strength is not secured with the 030020 Page 8 of 13 Rev. 10-30-2014 cement specified in Table 4, changes in the batch design will be made. TABLE 4 Classes of Concrete Minimum Class Compressive Min. Beam Maximum Coarse of Sacks Cement Strength (fc) Strength Water -Cement Aggregate Concrete per C.Y. (min.) 28-Day(psi) 7 -Day (psi) Ratio (gal/sack) No. A* 5.0 3000 500*** 6.5 2-4-8**** B* 4.5 2500 417 8.0 2-4-8**** C* 6.0 3600 600*** 6.0 1-2-4** D 6.0 3000 500 7.0 2-4 S 6.5 4000 570 5.0 2-4 *Entrained Air (slabs, piers and bent concrete). **Grade 1 Coarse Aggregate may be used in foundation only (except cased drilled shafts). ***When Type II Cement is used with Class C Concrete, the 7 -day beam break requirement will be 550 psi; with Class A Concrete, the minimum 7 -day beam break requirement will be 460 psi. ****Permission to use Grade 8 Aggregate must have prior approval of the Engineer. 9. MIXING CONDITIONS The concrete shall be mixed in quantities required for immediate use. Any concrete which is not in place within the limits outlined in City Standard Specification Section 038000 "Concrete Structures", Article "Placing Concrete -General", shall not be used. Retamping of concrete will not be permitted. In threatening weather, which may result in conditions that will adversely affect the quality of the concrete to be placed, the Engineer may order postponement of the work. Where work has been started and changes in weather conditions require protective measures, the Contractor shall furnish adequate shelter to protect the concrete against damage from rainfall, or from freezing temperatures. If necessary to continue operations during rainfall, the Contractor shall also provide protective coverings for the material stockpiles. Aggregate stockpiles need be covered only to the extent necessary to control the moisture conditions in the aggregates to adequately control the consistency of the concrete. 10. MIXING AND MIXING EQUIPMENT All equipment, tools, and machinery used for hauling materials and performing any part of the work shall be maintained in such condition to insure completion of the work underway without excessive delays for repairs or replacements. The mixing shall be done in a batch mixer of approved type and size that will produce uniform 030020 Page 9 of 13 Rev. 10-30-2014 distribution of the material throughout the mass. Mixers may be either the revolving drum type or the revolving blade type, and shall be capable of producing concrete meeting the requirements of these specifications. After all the ingredients are assembled in the drum, the mixing shall continue not less than 1 minute for mixers of one cubic yard or less capacity plus 15 seconds for each additional cubic yard or portion thereof. The mixer shall operate at the speed and capacity designated by the Mixer Manufacturers Bureau of the Associated General Contractors of America. The mixer shall have a plate affixed showing the manufacturer's recommended operating data. The absolute volume of the concrete batch shall not exceed the rated capacity of the mixer. The entire contents of the drum shall be discharged before any materials are placed therein for the succeeding batch. The first batch of concrete materials placed in the mixer for each placement shall contain an extra quantity of sand, cement and water sufficient to coat the inside surface of the drum. Upon the cessation of mixing for any considerable length of time, the mixer shall be thoroughly cleaned. The concrete mixer shall be equipped with an automatic timing device which is put into operation when the skip is raised to its full height and dumping. This device shall lock the discharging mechanism and prevent emptying of the mixer until all the materials have been mixed together for the minimum time required, and it shall ring a bell after the specified time of mixing has elapsed. The water tank shall be arranged so that the amount of water can be measured accurately, and when the tank starts to discharge, the inlet supply shall cut off automatically. Whenever a concrete mixer is not adequate or suitable for the work, it shall be removed from the site upon a written order from the Engineer and a suitable mixer provided by the Contractor. Pick-up and thro-over blades in the drum of the mixer which are worn down more than 10 percent in depth shall be repaired or replaced with new blades. Improperly mixed concrete shall not be placed in the structure. Job mix concrete shall be concrete mixed in an approved batch mixer in accordance with the requirements stated above, adjacent to the structure for which the concrete is being mixed, and moved to the placement site in non -agitating equipment. 11. READY -MIX PLANTS A. General. It shall be the Contractor's responsibility to furnish concrete meeting all requirement of the governing specification sections, and concrete not meeting the slump, workability and consistency requirements of the governing specification sections shall not 030020 Page 10 of 13 Rev. 10-30-2014 be placed in the structure or pavement. Ready -Mixed Concrete shall be mixed and delivered by means of one of the following approved methods. (1) Mixed completely in a stationary mixer and transported to the point of delivery in a truck agitator or a truck mixer operating at truck agitator or truck mixer agitation speed. (Central -Mix Concrete) (2) Mixed complete in a truck mixer and transported to the placement site at mixing and/or agitating speed (Transit -Mix Concrete), subject to the following provisions: (3) B. Equipment. (a) Truck mixers will be permitted to transport concrete to the job site at mixing speed if equipped with double actuated counters which will separate revolutions at mixing speed from total revolutions. (b) Truck mixers equipped with a single actuated counter counting total revolutions of the drum shall mix the concrete at the plant not less than 50 nor more than 70 revolutions at mixing speed, transport it to the job site at agitating speed and complete the required mixing before placing the concrete. Mixed completely in a stationery mixer and transported to the job site in approved non -agitating trucks with special bodies. This method of transporting will be permitted for concrete pavement only. (1) Batching Plant. The batching plant shall be provided with adequate bins for batching all aggregates and materials required by the specifications. Bulk cement shall be weighed on a scale separate from those used for other materials and in a hopper entirely free and independent of that used for weighing the aggregates. (2) Mixers and Agitators. (a) General: Mixers shall be of an approved stationary or truck -type capable of combining the ingredients into a thoroughly mixed and uniform mass. Facilities shall be provided to permit ready access to the inside of the drum for inspection, cleaning and repair of blades. Mixers and agitators shall be subject to daily examination for changes in condition due to accumulation of hardened concrete and/or wear of blades, and any hardened concrete shall be removed before the mixer will be permitted to be used. Worn blades shall be repaired or replaced with new in 030020 Page 11 of 13 Rev. 10-30-2014 accordance with the manufacturer's design and arrangement for that particular unit when any part or section is worn as much as 10 percent below the original height of the manufacturer's design. (b) Stationary Mixers: These shall conform to the requirements of Article "Mixing and Mixing Equipment". Truck mixers mounted on a stationary base will not be considered as a stationary mixer. (c) Truck Mixers: In addition, truck mixers shall comply with the following requirements: An engine in satisfactory working condition and capable of accurately gauging the desired speed of rotation shall be mounted as an integral part of the mixing unit for the purpose of rotating the drum. Truck mixers equipped with a transmission that will govern the speed of the drum within the specified revolutions per minute (rpm) will not require a separate engine. All truck mixers shall be equipped with actuated counters by which the proper number of revolutions of the drum, as specified in Article 11. A. above, may be readily verified. The counters shall be read and recorded at the start of mixing at mixing speeds. Each until shall have adequate water supply and accurate metering or gauging devices for measuring the amount used. (d) Agitators: Concrete agitators shall be of the truck type, capable of maintaining a thoroughly mixed and uniform concrete mass and discharging it within the same degree of uniformity specified for mixers. Agitators shall comply with all of the requirements for truck mixers, except for the actual mixing requirements. C. Operation of Plant and Equipment. Delivery of ready -mixed concrete shall equal or exceed the rate approved by the Engineer for continuous placement. In all cases, the delivery of concrete to the placement site shall assure compliance with the time limits in the applicable specification for depositing successive batches in any monolithic unit. The Contractor shall satisfy the Engineer that adequate standby trucks are available. A standard ticket system will be used for recording concrete batching, mixing and delivery date. Tickets will be delivered to the job inspector. Loads arriving without ticket and/or in unsatisfactory condition shall not be used. When a stationary mixer is used for the entire mixing operation, the mixing time for one cubic yard of concrete shall be one minute plus 15 seconds for each additional cubic yard or portion thereof. This mixing time shall start when all cement, aggregates and initial water have entered the drum. 030020 Page 12 of 13 Rev. 10-30-2014 The mixer shall be charged so that some of the mixing water will enter the drum in advance of the cement and aggregate. All of the mixing water shall be in the drum by the end of the first one- fourth of the specified mixing time. Water used to flush down the blades after charging shall be accurately measured and included in the quantity of mixing water. The introduction of the initial mixing water, except blade wash down water and that permitted in this Article, shall be prior to or simultaneous with the charging of the aggregates and cement. The loading of truck mixers shall not exceed 63 percent of the total volume of the drum. When used as an agitator only, the loading shall not exceed 80 percent of the drum volume. When Ready -Mix Concrete is used, additional mortar (one sack cement, three parts sand and sufficient water) shall be added to the batch to coat the drum of the mixer or agitator truck, and this shall be required for every load of Class C concrete only and for the first batch from central mix plants. A portion of the mixing water, required by the batch design to produce the desired slump, may be withheld and added at the job site, but only with permission of the Engineer and under his supervision. When water is added under the above conditions, it shall be thoroughly mixed as specified below for water added at the job site. Mixing speed shall be attained as soon as all ingredients are in the mixer, and each complete batch (containing all the required ingredients) shall be mixed not less than 70 nor more than 100 revolutions of the drum at mixing speed except that when water is added at the job site, 25 revolutions (minimum) at mixing speed will be required to uniformly disperse the additional water throughout the mix. Mixing speed shall be as designated by the manufacturer. All revolutions after the prescribed mixing time shall be at agitating speed. The agitating speed shall be not less than one (1) nor more than five (5) rpm. The drum shall be kept in continuous motion from the time mixing is started until the discharge is completed. 12. PLACING, CURING AND FINISHING The placing of concrete, including construction of forms and falsework, curing and finishing, shall be in accordance with City Standard Specification Section 038000 "Concrete Structures". 13. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, the quantities of concrete of the various classifications which will constitute the completed and accepted structure(s) in-place will be measured by the cubic yard, per each, square foot, square yard or linear foot, as the case may be. Measurement will be as shown on the drawings and/or in the Bid Form. Payment shall be full compensation for furnishing, hauling, mixing, placing, curing and finishing all concrete; all grouting and pointing; furnishing and placing drains; furnishing and placing metal flashing strips; furnishing and placing expansion joint material required by this specification or shown on the plans; and for all forms and falsework, labor, tools, equipment and incidentals necessary to complete the work. 030020 Page 13 of 13 Rev. 10-30-2014 SECTION 032020 REINFORCING STEEL 1. DESCRIPTION This specification shall govern the furnishing and placing of reinforcing steel, deformed and smooth, of the size and quantity designated on the plans and in accordance with these specifications. 2. MATERIALS Unless otherwise designated on the plans, all bar reinforcement shall be deformed, and shall conform to ASTM Designation: A 615, Grades 60 or 75, and shall be open hearth, basic oxygen, or electric furnace new billet steel. Large diameter new billet steel (Nos. 14 and 18), Grade 75, will be permitted for straight bars only. Where bending of bar sizes No. 14 or No. 18 of Grade 60 is required, bend testing shall be performed on representative specimens as described for smaller bars in the applicable ASTM Specification. The required bend shall be 90 degrees around a pin having a diameter of 10 times the nominal diameter of the bar. Spiral reinforcement shall be smooth (not deformed) bars or wire of the minimum diameter shown on the plans, and shall be made by one or more of the following processes: open hearth, basic oxygen, or electric furnace. Bars shall be rolled from billets reduced from ingots and shall comply with ASTM Designation: A 306, Grade 65 minimum (references to ASTM Designation: A 29 is voided). Dimensional tolerances shall be in accordance with ASTM Designation: A 615, or ASTM Designation: A 615, Grade 60, except for deformations. Wire shall be cold -drawn from rods that have been hot -rolled from billets and shall comply with ASTM Designation: A 185. In cases where the provisions of this specification are in conflict with the provisions of the ASTM Designation to which reference is made, the provisions of this specification shall govern. Report of chemical analysis showing the percentages of carbon, manganese, phosphorus and sulphur will be required for all reinforcing steel when it is to be welded. 032020 Page 1 of 6 Rev. 10-30-2014 The nominal size and area and the theoretical weight of reinforcing steel bars covered by this specification are as follows: Nominal Weight per Bar Size Diameter, Nominal Area, Linear Foot, Number In. Sq. In. Pounds 2 0.250 0.05 0.167 3 0.375 0.11 0.376 4 0.500 0.20 0.668 5 0.625 0.31 1.043 6 0.750 0.44 1.502 7 0.875 0.60 2.044 8 1.000 0.79 2.670 9 1.128 1.00 3.400 10 1.270 1.27 4.303 11 1.410 1.56 5.313 14 1.693 2.25 7.6 18 2.257 4.00 13.60 Smooth round bars shall be designated by size number through No. 4. Smooth bars larger than No. 4 shall be designated by diameter in inches. When wire is ordered by gauge numbers, the following relation between gauge number and diameter, in inches, shall apply unless otherwise specified: Equivalent Equivalent Gauge Diameter, Gauge Diameter, Number Inches Number Inches 0 0.3065 8 0.1620 1 0.2830 9 0.1483 2 0.2625 10 0.1350 3 0.2437 11 0.1205 4 0.2253 12 0.1055 5 0.2070 13 0.0915 6 0.1920 14 0.0800 7 0.1770 032020 Page 2 of 6 Rev. 10-30-2014 3. BENDING The reinforcement shall be bent cold, true to the shapes indicated on the plans. Bending shall preferably be done in the shop. Irregularities in bending shall be cause for rejection. Unless otherwise shown on the plans, the inside diameter of bar bends, in terms of the nominal bar diameter (d), shall be as follows: Bends of 90 degrees and greater in stirrups, ties and other secondary bars that enclose another bar in the bend: Grade 60 #3, #4, #5 4d #6, #7, #8 5d All bends in main bars and in secondary bars not covered above: Grade 60 #3 thru #8 6d #9, #10 8d #11 8d #14, #18 10d Grade 75 8d 032020 Page 3 of 6 Rev. 10-30-2014 4. TOLERANCES Fabricating tolerances for bars shall be within 3 percent of specified or as follows: Plan Dimen. t 3 IC_ * 34" 7/8" Bar or Smaller—Plan. Dimen. * I/2" I" Bar or Larger—Plan. D+men. * 1" = over 6"--D,mere.+ Zero or -4/2" H = 6" and less-4iesen. • Zero or -1/4" H 7/8" Bar or Smaller—Plan Dimon- *1/2"' I" Bar or Larger—Plan Dunn *I" Spiral or Circular Tie Tie or Stirrup Plan Dirsien_cl/e 5. STORING jPkin Dianna* l/2 Steel reinforcement shall be stored above the surface of the ground upon platforms, skids or other supports, and shall be protected as far as practicable from mechanical injury and surface deterioration caused by exposure to conditions producing rust. When placed in the work, reinforcement shall be free from dirt, paint, grease, oil, or other foreign materials. Reinforcement shall be free from injurious defects such as cracks and laminations. Rust, surface seams, surface irregularities or mill scale will not be cause for rejection, provided the minimum dimensions, cross- sectional area and tensile properties of a hand wire crushed specimen meets the physical requirements for size and grade of steel specified. 6. SPLICES No splicing of bars, except when provided on the plans or specified herein, will be permitted without written approval of the Engineer. Splices will not be permitted in main reinforcement at points of maximum stress. When permitted in main bars, splices in adjacent bars shall be staggered a minimum of two splice lengths. 032020 Page 4 of 6 Rev. 10-30-2014 Lap TABLE 1 Minimum Lap Requirements Uncoated Coated Lap in inches > 40d 60d Where: d = bar diameter in inches Welding of reinforcing bars may be used only where shown on the plans or as permitted herein. All welding operations, processes, equipment, materials, workmanship and inspection shall conform to the requirements of the drawings and industry standards. All splices shall be of such dimension and character as to develop the full strength of bar being spliced. End preparation for butt welding reinforcing bars shall be done in the field. Delivered bars shall be of sufficient length to permit this practice. For box culvert extensions with less than one foot of fill, the existing longitudinal bars shall have a 20 -diameter lap with the new bars. For box culvert extensions with more than one foot of fill, a minimum of 6 inches lap will be required. Unless otherwise shown on the plans, dowel bars transferring tensile stresses shall have a minimum embedment equal to the minimum lap requirements shown in Table 1. Shear transfer dowels shall have a minimum embedment of 12 inches. 7. PLACING Reinforcement shall be placed as near as possible in the position shown on the plans. Unless otherwise shown on the plans, dimensions shown for reinforcement are to the centers of the bars. In the plane of the steel parallel to the nearest surface of concrete, bars shall not vary from plan placement by more than one -twelfth of the spacing between bars. In the plane of the steel perpendicular to the nearest surface of concrete, bars shall not vary from plan placement by more than one-quarter inch. Cover of concrete to the nearest surface of steel shall meet the above requirements but shall never be less than one inch or as otherwise shown on the plans. Vertical stirrups shall always pass around the main tension members and be attached securely thereto. The reinforcing steel shall be spaced its required distance from the form surface by means of approved galvanized metal spacers, metal spacers with plastic coated tips, stainless steel spacers, plastic spacers, or approved pre -cast mortar or concrete blocks. For approval of plastic spacers on the project, representative samples of the plastic shall show no visible indications of deterioration after immersion in a 5 percent solution of sodium hydroxide for 120 hours. All reinforcing steel shall be tied at all intersections, except that where spacing is less than one foot in each direction, alternate intersections only need be tied. Before any concrete is placed, all mortar shall be cleaned from the reinforcement. Precast mortar or concrete blocks to be used for holding steel in position adjacent to formed surfaces shall be cast in molds meeting the approval of the Engineer and shall be cured by covering with wet burlap or 032020 Page 5 of 6 Rev. 10-30-2014 cotton mats for a period of 72 hours. The blocks shall be cast in the form of a frustum of a cone or pyramid with the smaller face placed against the forms. A suitable tie wire shall be provided in each block, to be used for anchoring to the steel. Except in unusual cases, and when specifically otherwise authorized by the Engineer, the size of the surface to be placed adjacent to the forms shall not exceed two and one-half inches square or the equivalent thereof in cases where circular or rectangular areas are provided. Blocks shall be cast accurately to the thickness required, and the surface to be placed adjacent to the forms shall be a true plane free of surface imperfections. Reinforcement shall be supported and tied in such manner that a sufficiently rigid case of steel is provided. If the cage is not adequately supported to resist settlement or floating upward of the steel, overturning of truss bars or movement in any direction during concrete placement, permission to continue concrete placement will be withheld until corrective measures are taken. Sufficient measurements shall be made during concrete placement to insure compliance with the first paragraph of Article 7 of this specification. Mats of wire fabric shall overlap each other sufficiently to maintain a uniform strength and shall be fastened securely at the ends and edges. No concrete shall be deposited until the Engineer has inspected the placement of the reinforcing steel and given permission to proceed. 8. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, reinforcing steel is considered subsidiary to the various items shown in the Bid Form and shall not be measured and paid for as a separate item. 032020 Page 6 of 6 Rev. 10-30-2014 SECTION 038000 CONCRETE STRUCTURES 1. DESCRIPTION This specification shall govern for construction of all types of structures involving the use of structural concrete, except where the requirements are waived or revised by other governing specifications. All concrete structures shall be constructed in accordance with the design requirements and details shown on the plans; in conformity with the pertinent provisions of the items contracted for; the incidental specifications referred to; and in conformity with the requirements herein. 2. MATERIALS (1) Concrete. All concrete shall conform to the provisions of City Standard Specification Section 030020 "Portland Cement Concrete". The class of concrete for each type of structure or unit shall be as specified on the plans or by pertinent governing specifications. (2) Expansion Joint Material. (a) Preformed Fiber Material. Preformed fiber expansion joint material shall be of the dimensions shown on the plans. The material shall be one of the following types, unless otherwise noted on the plans: 1. Preformed Bituminous Fiber Materials shall meet the requirements of ASTM Designation: D1751 "Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non -extruding and Resilient Bituminous Types)". 2. Preformed Non -Bituminous Fiber Material shall meet the requirements of ASTM Designation: D1751 "Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non -extruding and Resilient Bituminous Types)", except that the requirements pertaining to bitumen content, density and water absorption shall be voided. 3. Redwood. (b) Joint Sealing Materials. Unless otherwise shown on the drawings, joint sealing material shall conform to the following requirements. The material shall adhere to the sides of the concrete joint or crack and shall form an effective seal against infiltration of water and incompressibles. The material shall not crack or break when exposed to low temperatures. 038000 Page 1 of 19 Rev. 3-25-2015 1. Class 1-a. (Two -Component, Synthetic Polymer, Cold -Extruded Type). Curing is to be by polymerization and not by evaporation of solvent or fluxing of harder particles. This type is specifically designed for vertical or sloping joints and hence not self -leveling. It shall cure sufficiently at an average temperature of 77 degrees F ± 3 degrees F in a maximum of 24 hours. For performance requirements see under 2.(2)(b)2. below. 2. Class 1-b. (Two -Component, Synthetic Polymer, Cold -Pourable, Self -Leveling Type). Curing is to be by polymerization and not by evaporation of solvent or fluxing of harder particles. It shall cure sufficiently at an average temperature of 77 degrees F ± 3 degrees F in a maximum of 3 hours. Performance Requirements: Class 1-a and Class 1-b joint materials, when tested in accordance with TxDOT Test Method Tex -525-C, shall meet the above curing times and the following requirements: It shall be of such consistency that it can be mixed and poured, or mixed and extruded into joints at temperatures above 60 degrees F. Penetration, 77° F.: 150 gm. cone, 5 sec., max., cm 0.90 Bond and Extension 75%, 0° F, 5 cycles: Dry Concrete Blocks Pass Wet Concrete Blocks Pass Steel Blocks...(Primed if specified by manuf.). Pass Flow at 200° F None Water Content % by weight, max 5.0 Resilience: Original sample min. % (cured) 50 Oven aged at 158° F min. % 50 For Class 1-a Material Only: Cold Flow (10 min.) None (c) Asphalt Board. Asphalt Board shall consist of two liners of 0.016 -inch asphalt impregnated paper, filled with a mastic mixture of asphalt and vegetable fiber and/or mineral filler. Boards shall be smooth, flat and sufficiently rigid to permit installation. When tested in accordance with TxDOT Test Method Tex -524-C, the asphalt board shall not deflect from the horizontal more than one inch in three and one-half inches (1" in 31/2"). (d) Rebonded Neoprene Filler. Rebonded neoprene filler shall consist of ground closed - cell neoprene particles, rebonded and molded into sheets of uniform thickness, of the dimensions shown on plans. Filler material shall have the following physical properties and shall meet the requirements of ASTM Designation: D1752 "Standard Specification for Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction", Type 1, where applicable: 038000 Page 2 of 19 Rev. 3-25-2015 (3) PROPERTY Color Density Recovery Compression Extrusion Tensile Strength Elongation METHOD ASTM D1752, Type 1 ASTM D1752, Type 1 ASTM D1752, Type 1 ASTM D1752, Type 1 ASTM D1752, Type 1 ASTM D1752, Type 1 REQUIREMENT Black 401b./ft3 Min. 90% Min. 50 to 500 psi 0.25 inch Max. 20 psi Min. 75% Min. The manufacturers shall furnish the Engineer with certified test results as to compliance with the above requirements and a 12 inch x 12 inch x 1 inch sample from the shipment for approval. Curing Materials. (a) Membrane curing materials shall comply with ASTM Designation: C 309 "Standard Specification for Liquid Membrane -Forming Compounds for Curing Concrete", Type 1 clear or translucent, or Type 2 white -pigmented. The material shall have a minimum flash -point of 80 degrees F when tested by the "Pensky-Martin Closed Cup Method". It shall be of such consistency that it can be satisfactorily applied as a fine mist through an atomizing nozzle by means of approved pressure spraying equipment at atmospheric temperatures above 40 degrees F. It shall be of such nature that it will not produce permanent discoloration of concrete surfaces nor react deleteriously with the concrete or its components. Type 1 compound shall contain a fugitive dye that will be distinctly visible not less than 4 hours nor more than 7 days after application. The compound shall produce a firm, continuous, uniform moisture impermeable film free from pinholes and shall adhere satisfactorily to the surfaces of damp concrete. It shall, when applied to the damp concrete surface at the rate of coverage specified herein, be dry to the touch in not more than 4 hours, and shall adhere in a tenacious film without running off or appreciable sagging. It shall not disintegrate, check, peel or crack during the required curing period. The compound shall not peel or pick up under traffic and shall disappear from the surface of the concrete by gradual disintegration. The compound shall be delivered to the job only in the manufacturer's original containers, which shall be clearly labeled with the manufacturer's name, the trade name of the material, and a batch number or symbol with which test samples may be correlated. The water retention test shall be in accordance with TxDOT Test Method Tex -219-F. Percentage loss shall be defined as the water lost after the application of the curing material was applied. The permissible percentage moisture loss (at the rate of coverage specified herein) shall not exceed the 038000 Page 3 of 19 Rev. 3-25-2015 following: 24 hours after application 2 percent 72 hours after application 4 percent Type 1 (Resin Base Only) curing compound will be permitted for slab concrete in bridge decks and top slabs of direct traffic culverts. (b) Mat curing of concrete is allowed where permitted by Table 1 in this specification or where otherwise approved by the Engineer. 3. EXPANSION JOINTS Joints and devices to provide for expansion and contraction shall be constructed where and as indicated herein or on the plans. All open joints and joints to be filled with expansion joint material, shall be constructed using forms adaptable to loosening or early removal. To avoid expansion or contraction damage to the adjacent concrete, these forms shall be loosened as soon as possible after final concrete set to permit free movement without requiring full form removal. Prior to placing the sealing material, the vertical facing the joint shall be cleaned of all laitance by sandblasting or by mechanical routing. Cracked or spalled edges shall be repaired. The joint shall be blown clean of all foreign material and sealed. Where preformed fiber joint material is used, it shall be anchored to the concrete on one side of the joint by light wire or nails, to prevent the material from falling out. The top one inch (1") of the joint shall be filled with joint sealing material. Finished joints shall conform to the indicated outline with the concrete sections completely separated by the specified opening or joint material. Soon after form removal and again where necessary after surface finishing, all projecting concrete shall be removed along exposed edges to secure full effectiveness of the expansion joints. 4. CONSTRUCTION JOINTS The joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set shall be deemed a construction joint. The term "monolithic placement" shall be interpreted to mean at the manner and sequence of concrete placing shall not create construction joints. Construction joints shall be of the type and at the locations shown on the plans. Additional joints will not be permitted without written authorization from the Engineer, and when authorized, shall have details equivalent to those shown on the plans for joints in similar locations. Unless otherwise provided, construction joints shall be square and normal to the forms. Bulkheads shall be provided in the forms for all joints, except when horizontal. Construction joints requiring the use of joint sealing material shall be as detailed on the plans. The 038000 Page 4 of 19 Rev. 3-25-2015 material will be specified on the plans without referenced to joint type. A concrete placement terminating at a horizontal construction joint shall have the top surface roughened thoroughly as soon as practicable after initial set is attained. The surfaces at bulkheads shall be roughened as soon as the forms are removed. The hardened concrete surface shall be thoroughly cleaned of all loose material, laitance, dirt or foreign material, and saturated with water so it is moist when placing fresh concrete against it. Forms shall be drawn tight against the placing of the fresh concrete. 5. FORMS (1) General. Except where otherwise specified, forms may be of either timber or metal. Forms for round columns exposed to view shall be of steel, except that other materials will be allowed with written permission of the Engineer. Forming plans shall be submitted to the Engineer for approval as specified. Forms shall be designed for the pressure exerted by a liquid weighing 150 pounds per cubic foot. The rate of placing the concrete shall be taken into consideration in determining the depth of the equivalent liquid. For job fabricated forms, an additional live load of 50 pounds per square foot shall be allowed on horizontal surfaces. The maximum unit stresses shall not exceed 125 percent of the allowable stresses used by the Texas Department of Transportation for the design of structures. Commercially produced structural units used in formwork shall not exceed the manufacturer's maximum allowable working load for moment, shear or end reaction. The maximum working load shall include a live load of 35 pounds per square foot of horizontal form surface, and sufficient details and data shall be submitted for use in checking formwork details for approval. Forms shall be practically mortar -tight, rigidly braced and strong enough to prevent bulging between supports, and maintained to the proper line and grade during concrete placement. Forms shall be maintained in a manner that will prevent warping and shrinkage. Offset at form joints shall not exceed one -sixteenth of an inch (1/16"). Deflections due to cast -in-place slab concrete and railing shown in the dead load deflection diagram shall be taken into account in the setting of slab forms. All forms and footing areas shall be cleaned of any extraneous matter before placing concrete. Permission to place concrete will not be given until all such work is completed to the satisfaction of the Engineer. If, at any stage of the work, the forms show signs of bulging or sagging, the portion of the concrete causing such condition shall be removed immediately, if necessary, and the forms shall be reset and securely braced against further movement. 038000 Page 5 of 19 Rev. 3-25-2015 (2) Timber Forms. Lumber for forms shall be properly seasoned, of good quality, and free from imperfections which would affect its strength or impair the finished surface of the concrete. The lumber used for facing or sheathing shall be finished on at least one side and two edges and shall be sized to uniform thickness. Form lining will be required for all formed surfaces, except for the inside of culvert barrels, inlets and manholes; surfaces that are subsequently covered by backfill material or are completely enclosed; and, any surface formed by a single finished board. Lining will not be required when plywood forms are used. Form lining shall be of an approved type such as Masonite or plywood. Thin membrane sheeting, such as polyethylene sheets, shall not be used for form lining. Forms may be constructed of plywood not less than one-half inch in thickness, with no form lining required. The grain of the face plies on plywood forms shall be placed parallel to the span between the supporting studs or joists. Plywood used for forming surfaces that remain exposed shall be equal to that specified as B -B Plyform Class I or Class II Exterior, of the U. S. Department of Commerce, National Bureau of Standards and Technology, latest edition. Forms or form lumber to be reused shall be maintained clean and in good condition. Any lumber which is split, warped, bulged, marred, or has defects that will produce inferior work, shall not be used and, if condemned, shall be promptly removed from the work. Studs and joists shall be spaced so that the facing form material remains in true alignment under the imposed loads. Wales shall be spaced close enough to hold forms securely to the designated lines and scabbed at least 4 feet on each side of joints to provide continuity. A row of wales shall be placed near the bottom of each placement. Facing material shall be placed with parallel and square joints and securely fastened to supporting studs. Forms for surfaces receiving only an ordinary finish and exposed to view shall be placed with the form panels symmetrical, i.e., long dimensions set in the same direction. Horizontal joints shall be continuous. Molding specified for chamfer strips or other uses shall be made of materials of a grade that will not split when nailed and which can be maintained to a true line without warping. Wood molding shall be mill cut and dressed on all faces. Unless otherwise provided, forms shall be filleted at all sharp corners and edges with triangular chamfer strips measuring three-quarter inch (3/4") on the sides. Forms for railing and ornamental work shall be constructed to standards equivalent to first-class millwork. All moldings, panel work and bevel strips shall be straight and true with nearly mitered joints designed so the finished work is true, sharp and clean cut. 038000 Page 6 of 19 Rev. 3-25-2015 All forms shall be constructed to permit their removal without marring or damaging the concrete. The forms may be given a slight draft to permit ease of removal. Metal form ties of an approved type or a satisfactory substitute shall be used to hold forms in place and shall be of a type that permits ease of removal of the metal as hereinafter specified. All metal appliances used inside of forms for alignment purposes shall be removed to a depth of at least one-half inch (1/2") from the concrete surface. They shall be made so the metal may be removed without undue chipping or spalling, and when removed, shall leave a smooth opening in the concrete surface. Burning off of rods, bolts or ties will not be permitted. Any wire ties used shall be cut back at least one-half inch (1/2") from the face of the concrete. Devices holding metal ties in place shall be capable of developing the strength of the tie and adjustable to allow for proper alignment. Metal and wooden spreaders which are separate from the forms shall be removed entirely as the concrete is being placed. Adequate clean-out openings shall be proved for narrow walls and other locations where access to the bottom of the forms is not readily attainable. Prior to placing concrete, the facing of all forms shall be treated with oil or other bond breaking coating of such composition that it will not discolor or otherwise injuriously affect the concrete surface. Care shall be exercised to prevent coating of the reinforcing steel. (3) Metal Forms. The foregoing requirements for timber forms regarding design, mortar -tightness, filleted corners, beveled projections, bracing, alignment, removal, reuse and wetting shall also apply to metal forms, except that these will not require lining, unless specifically noted on the plans. The thickness of form metal shall be as required to maintain the true shape without warping or bulging. All bolt and rivet heads on the facing sides shall be countersunk. Clamps, pins or other connecting devices shall be designed to hold the forms rigidly together and to allow removal without injury to the concrete. Metal forms which do not present a smooth surface or line up properly shall not be used. Metal shall be kept free from rust, grease or other foreign materials. 6. PLACING REINFORCEMENT Reinforcement in concrete structures shall be placed carefully and accurately and rigidly supported as provided in the City Standard Specification Section 032020 "Reinforcing Steel". Reinforcing steel supports shall not be welded to I -beams or girders. 7. PLACING CONCRETE -GENERAL The minimum temperature of all concrete at the time of placement shall be not less than 50 degrees F. 038000 Page 7 of 19 Rev. 3-25-2015 The consistency of the concrete as placed should allow the completion of all finishing operations without the addition of water to the surface. When conditions are such that additional moisture is needed for finishing, the required water shall be applied to the surface by fog spray only, and shall be held to a minimum amount. Fog spray for this purpose may be applied with hand operated fogging equipment. The maximum time interval between the addition of cement to the batch and the placing of concrete in the forms shall not exceed the following: Air or Concrete Temperature Maximum Time Non -Agitated Concrete: Above 80 degrees F 15 minutes Up to 80 degrees F 30 minutes Agitated Concrete: Above 90 degrees F 45 minutes 75 degrees F to 90 degrees F 60 minutes 35 degrees F to 74 degrees F 90 minutes The use of an approved retarding agent in the concrete will permit the extension of each of the above temperature -time maximums by 30 minutes for direct traffic culverts, and one hour for all other concrete except that the maximum time shall not exceed 30 minutes for non -agitated concrete. Before starting work, the Contractor shall inform the Engineer fully of the construction methods he proposes to use, the adequacy of which shall be subject to the approval of the Engineer. The Contractor shall give the Engineer sufficient advance notice before placing concrete in any unit of the structure to permit the inspection of forms, reinforcing steel placement, and other preparations. Concrete shall not be placed in any unit prior to the completion of formwork and placement of reinforcement therein. Concrete mixing, placing and finishing shall be done during daylight hours, unless adequate provisions are made to light the entire site of all operations. Concrete placement will not be permitted when impending weather conditions will impair the quality of the finished work. If rainfall should occur after placing operations are started, the Contractor shall provide ample covering to protect the work. In case of drop in temperature, the provisions set forth in Article "Placing Concrete in Cold Weather" of this specification shall be applied. The placing of concrete shall be regulated so the pressures caused by the plastic concrete shall not exceed the loads used in form design. 038000 Page 8 of 19 Rev. 3-25-2015 The method of handling, placing and consolidation of concrete shall minimize segregation and displacement of the reinforcement, and produce a uniformly dense and compact mass. Concrete shall not have a free fall of more than 5 feet, except in the case of thin walls such as in culverts. Any hardened concrete spatter ahead of the plastic concrete shall be removed. The method and equipment used to transport concrete to the forms shall be capable of maintaining the rate of placement approved by the Engineer. Concrete may be transported by buckets, chutes, buggies, belt conveyors, pumps or other acceptable methods. When belt conveyors or pumps are used, sampling for testing will be done at the discharge end. Concrete transported by conveyors shall be protected from sun and wind, if necessary, to prevent loss of slump and workability. Pipes through which concrete is pumped shall be shaded and/or wrapped with wet burlap, if necessary, to prevent loss of slump and workability. Concrete shall not be transported through aluminum pipes, tubes or other aluminum equipment. Chutes, troughs, conveyors or pipes shall be arranged and used so that the concrete ingredients will not be separated. When steep slopes are necessary, the chutes shall be equipped with baffle boards or made in short lengths that reverse the direction of movement, or the chute ends shall terminate in vertical downspouts. Open troughs and chutes shall extend, if necessary, down inside the forms or through holes left in them. All transporting equipment shall be kept clean and free from hardened concrete coatings. Water used for cleaning shall be discharged clear of the concrete. Each part of the forms shall be filled by depositing concrete as near its final position as possible. The coarse aggregate shall be worked back from the face and the concrete forced under and around the reinforcement bars without displacing them. Depositing large quantities at one point and running or working it along the forms will not be allowed. Concrete shall be deposited in the forms in layers of suitable depth but not more than 36 inches in thickness, unless otherwise directed by the Engineer. The sequence of successive layers or adjacent portions of concrete shall be such that they can be vibrated into a homogenous mass with the previously placed concrete without a cold joint. Not more than one hour shall elapse between adjacent or successive placements of concrete. Unauthorized construction joints shall be avoided by placing all concrete between the authorized joints in one continuous operation. An approved retarding agent shall be used to control stress cracks and/or unauthorized cold joints in mass placements where differential settlement and/or setting time may induce stress cracking. Openings in forms shall be provided, if needed, for the removal of laitance of foreign matter of any kind. All forms shall be wetted thoroughly before the concrete is placed therein. All concrete shall be well consolidated and the mortar flushed to the form surfaces by continuous working with immersion type vibrators. Vibrators which operate by attachment to forms or reinforcement will not be permitted, except on steel forms. At least one stand-by vibrator shall be 038000 Page 9 of 19 Rev. 3-25-2015 provided for emergency use in addition to those required for placement. The concrete shall be vibrated immediately after deposit. Prior to the beginning of work, a systematic spacing of the points of vibration shall be established to insure complete consolidation and thorough working of the concrete around the reinforcement, embedded fixtures, and into the corners and angles of the forms. Immersion type vibrators shall be inserted vertically, at points 18 to 30 inches apart, and slowly withdrawn. The vibrator may be inserted in a sloping or horizontal position in shallow slabs. The entire depth of each lift shall be vibrated, allowing the vibrator to penetrate several inches into the preceding lift. Concrete along construction joints shall be thoroughly consolidated by operating the vibrator along and close to but not against the joint surface. The vibration shall continue until thorough consolidation, and complete embedment of reinforcement and fixtures is produced, but not long enough to cause segregation. Vibration may be supplemented by hand spading or rodding, if necessary, to insure the flushing of mortar to the surface of all forms. Slab concrete shall be mixed in a plant located off the structure. Carting or wheeling concrete batches over completed slabs will not be permitted until they have aged at least four (4) full curing days. If carts are used, timber planking will be required for the remainder of the curing period. Carts shall be equipped with pneumatic tires. Curing operations shall not be interrupted for the purpose of wheeling concrete over finished slabs. After concrete has attained its initial set, at least one (1) curing day shall elapse before placing strain on projecting reinforcement to prevent damage to the concrete. The storing of reinforcing or structural steel on completed roadway slabs generally shall be avoided and, when permitted, shall be limited to quantities and distribution that will not induce excessive stresses. 8. PLACING CONCRETE IN COLD WEATHER (1) Cast -in -Place Concrete. Concrete may be placed when the atmospheric temperature is not less than 35 degrees F. Concrete shall not be placed in contact with any material coated with frost or having a temperature less than 32 degrees F. Aggregates shall be free from ice, frost and frozen lumps. When required, in order to produce the minimum specified concrete temperature, the aggregate and/or the water shall be heated uniformly, in accordance with the following: The water temperature shall not exceed 180 degrees F, and/or the aggregate temperature shall not exceed 150 degrees F. The heating apparatus shall heat the mass of aggregate uniformly. The temperature of the mixture of aggregates and water shall be between 50 degrees F and 85 degrees F before introduction of the cement. All concrete shall be effectively protected as follows: (a) The temperature of slab concrete of all unformed surfaces shall be maintained at 50 degrees F or above for a period of 72 hours from time of placement and above 40 degrees F for an additional 72 hours. 038000 Page 10 of 19 Rev. 3-25-2015 (b) The temperature at the surface of all concrete in piers, culverts walls, retaining walls, parapets, wingwalls, bottoms of slabs, and other similar formed concrete shall be maintained at 40 degrees F or above for a period of 72 hours from time of placement. (c) The temperature of all concrete, including the bottom slabs of culverts placed on or in the ground, shall be maintained above 32 degrees F for a period of 72 hours from time of placement. Protection shall consist of providing additional covering, insulated forms or other means, and if necessary, supplementing such covering with artificial heating. Curing as specified under Article "Curing Concrete" of this specification shall be provided during this period until all requirements for curing have been satisfied. When impending weather conditions indicate the possibility of the need for such temperature protection, all necessary heating and covering material shall be on hand ready for use before permission is granted to begin placement. Sufficient extra test specimens will be made and cured with the placement to ascertain the condition of the concrete as placed, prior to form removal and acceptance. (2) Precast Concrete. A fabricating plant for precast products which has adequate protection from cold weather in the form of permanent or portable framework and covering, which protects the concrete when placed in the forms, and is equipped with approved steam curing facilities, may place concrete under any low temperature conditions provided: (a) The framework and covering are placed and heat is provided for the concrete and the forms within one hour after the concrete is placed. This shall not be construed to be one hour after the last concrete is placed, but that no concrete shall remain unprotected longer than one hour. (b) Steam heat shall keep the air surrounding the concrete between 50 degrees F and 85 degrees F for a minimum of three hours prior to beginning the temperature rise which is required for steam curing. (c) For fabricating plants without the above facilities and for job site precast products, the requirements of the Article "Curing Concrete" of this specification shall apply. The Contractor is responsible for the protection of concrete placed under any and all weather conditions. Permission given by the Engineer for placing concrete during freezing weather will in no way relieve the Contractor of the responsibility for producing concrete equal in quality to that placed under normal conditions. Should concrete placed under such conditions prove unsatisfactory, it shall be removed and replaced at no additional cost. 038000 Page 11 of 19 Rev. 3-25-2015 9. PLACING CONCRETE IN WATER Concrete shall be deposited in water only when specified on the plans or with written permission by the Engineer. The forms or cofferdams shall be sufficiently tight to prevent any water current passing through the space in which the concrete is being deposited. Pumping will not be permitted during the concrete placing, nor until it has set for at least 36 hours. The concrete shall be placed with a tremie, closed bottom -dump bucket, or other approved method, and shall not be permitted to fall freely through the water nor shall it be disturbed after it has been placed. The concrete surface shall be kept approximately level during placement. The tremie shall consist of a water -tight tube 14 inches or less in diameter. It shall be constructed so that the bottom can be sealed and opened after it is in place and fully charged with concrete. It shall be supported so that it can be easily moved horizontally to cover all the work area and vertically to control the concrete flow. Bottom -dump buckets used for underwater placing shall have a capacity of not less than one-half cubic yard. It shall be lowered gradually and carefully until it rests upon the concrete already placed and raised very slowly during the upward travel; the intent being to maintain still water at the point of discharge and to avoid agitating the mixture. The placing operations shall be continuous until the work is complete. 10. PLACING CONCRETE IN BOX CULVERTS In general, construction joints will be permitted only where shown on the plans. Where the top slab and walls are placed monolithically in culverts more than 4 feet in clear height, an interval of not less than one (1) nor more than two (2) hours shall elapse before placing the top slab to allow for shrinkage in the wall concrete. The base slab shall be finished accurately at the proper time to provide a smooth uniform surface. Top slabs which carry direct traffic shall be finished as specified for roadway slabs in Article "Finish of Roadway Slabs". Top slabs of fill type culverts shall be given a reasonably smooth float finish. 11. PLACING CONCRETE IN FOUNDATIONS AND SUBSTRUCTURE Concrete shall not be placed in footings until the depth and character of the foundation has been inspected by the Engineer and permission has been given to proceed. Placing of concrete footings upon seal concrete courses will be permitted after the caissons or cofferdams are free from water and the seal concrete course cleaned. Any necessary pumping or bailing during the concreting operation shall be done from a suitable sump located outside the forms. All temporary wales or braces inside cofferdams or caissons shall be constructed or adjusted as the work proceeds to prevent unauthorized construction joints in footings or shafts. 038000 Page 12 of 19 Rev. 3-25-2015 When footings can be placed in a dry excavation without the use of cofferdams or caissons, forms may be omitted, if desired by the Contractor and approved by the Engineer, and the entire excavation filled with concrete to the elevation of the top of footing; in which case, measurement for payment will be based on the footing dimensions shown on the plans. 12. TREATMENT AND FINISHING OF HORIZONTAL SURFACES EXCEPT ROADWAY SLABS All unformed upper surfaces shall be struck off to grade and finished. The use of mortar topping for surfaces under this classification will not be permitted. After the concrete has been struck off, the surface shall be floated with a suitable float. Sidewalks shall be given a wood float or broom finish, or may be striped with a brush, as specified by the Engineer. Other surfaces shall be wood float finished and striped with a fine brush leaving a fine- grained texture. 13. FINISH OF ROADWAY SLABS As soon as the concrete has been placed and vibrated in a section of sufficient width to permit working, the surface shall be approximately leveled, struck off and screeded, carrying a slight excess of concrete ahead of the screed to insure filling of all low spots. The screed shall be designed rigid enough to hold true to shape and shall have sufficient adjustments to provide for the required camber. A vibrating screed may be used if heavy enough to prevent undue distortion. The screeds shall be provided with a metal edge. Longitudinal screeds shall be moved across the concrete with a saw -like motion while their ends rest on headers or templates set true to the roadway grade or on the adjacent finished slab. The surface of the concrete shall be screeded a sufficient number of times and at such intervals to produce a uniform surface, true to grade and free of voids. If necessary, the screeded surface shall be worked to smooth finish with a long handled wood or metal float of the proper size, or hand floated from bridges over the slab. When required by the Engineer, the Contractor shall perform sufficient checks with a long handled 10 -foot straightedge on the plastic concrete to insure that the final surface will be within the tolerances specified below. The check shall be made with the straightedge parallel to the centerline. Each pass thereof shall lap half of the preceding pass. All high spots shall be removed and all depressions over one -sixteenth inch (1/16") in depth shall be filled with fresh concrete and floated. The checking and floating shall be continued until the surface is true to grade and free of depressions, high spots, voids or rough spots. Rail support holes shall be filled with concrete and finished to match the top of the slab. Surface Texturing. Perform surface texturing using a either carpet drag or metal tining as indicated on the drawings. Complete final texturing before the concrete has attained its initial set. Draw the carpet drag 038000 Page 13 of 19 Rev. 3-25-2015 longitudinally along the pavement surface with the carpet contact surface area adjusted to provide a satisfactory coarsely textured surface. A metal -tine texture finish is required using a tining machine unless otherwise shown on the plans. Provide the metal -tine finish immediately after the concrete surface has set enough for consistent tining. Operate the metal -tine device to obtain grooves spaced at 1 in., approximately 3/16 in. deep, with a minimum depth of 1/8 in., and approximately 1/12 in. wide. Do not overlap a previously tined area. Use manual methods for achieving similar results on ramps and other irregular sections of pavements. Repair damage to the edge of the slab and joints immediately after texturing. Do not tine pavement that will be overlaid. Upon completion of the floating and/or straight edging and before the disappearance of the moisture sheen, the surface shall be given a broom or burlap drag finish. The grooves of these finishes shall be parallel to the structure centerline. It is the intent that the average texture depth resulting from the number of tests directed by the Engineer be not less than 0.035 inch with a minimum texture depth of 0.030 inch for any one test when tested in accordance with TxDOT Test Method Tex -436-A. Should the texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. After the concrete has attained its final set, the roadway surface shall be tested with a standard 10 - foot straightedge. The straightedge shall be placed parallel to the centerline of roadway to bridge any depressions and touch high spots. Ordinates of irregularities measured from the face of the straightedge to the surface of the slab shall not exceed one-eighth of an inch (1/8"), making proper allowances for camber, vertical curvature and surface texture. Occasional variations, not exceeding three -sixteenth of an inch (3/16") will be acceptable, if in the opinion of the Engineer it will not affect the riding qualities. When directed by the Engineer, irregularities exceeding the above requirements shall be corrected. In all roadway slab finishing operations, camber for specified vertical curvature and transverse slopes shall be provided. 14. CURING CONCRETE The Contractor shall inform the Engineer fully of the methods and procedures proposed for curing; shall provide the proper equipment and material in adequate amounts; and shall have the proposed methods, equipment and material approved prior to placing concrete. Inadequate curing and/or facilities, therefore, shall be cause for the Engineer to stop all construction on the job until remedial action is taken. All concrete shall be cured for a period of four (4) curing days except as noted herein. 038000 Page 14 of 19 Rev. 3-25-2015 EXCEPTIONS TO 4 -DAY CURING Required Curing 8 curing days (Type I or III) cement 10 curing days (Type II cement) 6 curing days Description Upper Surfaces of Bridge Slabs and Top Slabs of Direct Traffic Culverts Concrete Piling (non -prestressed) When the air temperature is expected to drop below 35 degrees F, the water curing mats shall be covered with polyethylene sheeting, burlap -polyethylene blankets or other material to provide the protection required by Article "Placing Concrete in Cold Weather" of these specifications. A curing day is defined as a calendar day when the temperature, taken in the shade away from artificial heat, is above 50 degrees F for at least 19 hours (colder days if satisfactory provisions are made to maintain the temperature of all surfaces of the concrete above 40 degrees F for the entire 24 hours). The required curing period shall begin when all concrete therein has attained its initial set. The following methods are permitted for curing concrete subject to the restrictions of Table 1 and the following requirements for each method of curing. (1) Form Curing. When forms are left in contact with the concrete, other curing methods will not be required except for cold weather protection. (2) Water Curing. All exposed surfaces of the concrete shall be kept wet continuously for the required curing time. The water used for curing shall meet the requirements for concrete mixing water as specified in the specification Section 030020 "Portland Cement Concrete". Seawater will not be permitted. Water which stains or leaves an unsightly residue shall not be used. (a) Wet Mat. Cotton mats shall be used for this curing method. They shall be placed as soon as possible after the surface has sufficiently hardened to prevent damage to the concrete. (See Article, "Placing Concrete" of this specification.) Damp burlap blankets made from nine -ounce stock may be placed on the damp concrete surface for temporary protection prior to the application of the cotton mats which may be placed dry and wetted down after placement. The mats shall be weighted down adequately to provide continuous contact with all concrete surfaces where possible. The surfaces of the concrete shall be kept wet for the required curing time. Surfaces which cannot be cured by contact shall be enclosed with mats and anchored positively to the forms or to the ground so that outside air cannot enter the enclosure. Sufficient moisture shall be provided inside the enclosure to keep all surfaces of the concrete wet. (b) Water Spray. This curing method shall consist of overlapping sprays or sprinklers that keep all unformed surfaces continuously wet. (c) Ponding. This curing method requires the covering of the surfaces with a minimum of two inches (2") of clean granular material, kept wet at all times, or a minimum of one -inch 038000 Page 15 of 19 Rev. 3-25-2015 (1") depth of water. Satisfactory provisions shall be made to provide a dam to retain the water or saturated granular material. (3) Membrane Curing. This consists of curing concrete pavement, concrete pavement (base), curbs, gutters, retards, sidewalks, driveways, medians, islands, concrete riprap, cement -stabilized riprap, concrete structures and other concrete as indicated on the plans by impervious membrane method. Unless otherwise provided herein or shown on the plans, either Type 1-D or Type 2 membrane curing compound may be used where permitted except that Type 1-D (Resin Base Only) will be required for slab concrete in bridge decks and top slabs of direct traffic culverts. TABLE 1 REQUIRED PERMITTED MEMBRANE MEMBRANE STRUCTURE UNIT WATER FOR WATER FOR DESCRIPTION FOR INTERIM FOR INTERIM CURING CURING CURING CURING 1 Top slabs of direct traffic culverts 2 Top surface of any concrete unit upon which concrete is to be placed and bonded at a later interval (Stub walls, risers, etc.). X Other superstructure concrete (wing walls, parapet walls, etc.) 3 Concrete pavement (base), curbs, gutters, retards, sidewalks, driveways, medians, X* X* islands, concrete structures, concrete riprap, etc. 4 All substructure concrete, culverts, box sewers, inlets, X* X* manholes, retaining walls *Polyethylene sheeting, burlap -polyethylene mats or laminated mats to prevent outside air from entering will be considered equivalent to water or membrane curing for items 3 and 4. 038000 Page 16 of 19 Rev. 3-25-2015 Membrane curing shall not be applied to dry surfaces, but shall be applied just after free moisture has disappeared. Formed surfaces and surfaces which have been given a first rub shall be dampened and shall be moist at the time of application of the membrane. When membrane is used for complete curing, the film shall remain unbroken for the minimum curing period specified. Membrane which is damaged shall be corrected immediately by reapplication of membrane. Unless otherwise noted herein or on the plans, the choice of membrane type shall be at the option of the Contractor. Only one type of curing compound will be permitted on any one structure. The membrane curing compound shall be applied after the surface finishing has been completed, and immediately after the free surface moisture has disappeared. The surface shall be sealed with a single uniform coating of curing compound applied at the rate of coverage recommended by the manufacturer and directed by the Engineer, but not less than 1 gallon per 180 square feet of area. The Contractor shall provide satisfactory means and facilities to properly control and check the rate of application of the compound. The compound shall be thoroughly agitated during its use and shall be applied by means of approved mechanical power pressure sprayers. The sprayers used to apply the membrane to concrete pavement or concrete pavement (base) shall travel at uniform speed along the forms and be mechanically driven. The equipment shall be of such design that it will insure uniform and even application of the membrane material. The sprayers shall be equipped with satisfactory atomizing nozzles. Only on small miscellaneous items will the Contractor be permitted to use hand -powered spray equipment. For all spraying equipment, the Contractor shall provide facilities to prevent the loss of the compound between the nozzle and the concrete surface during the spraying operations. The compounds shall not be applied to a dry surface. If the surface of the concrete has become dry, it shall be moistened prior to application of membrane by fogging or mist application. Sprinkling or coarse spraying will not be allowed. At locations where the coating shows discontinuities, pinholes or other defects, or if rain falls on the newly -coated surface before the film has dried sufficiently to resist damage, an additional coat of the compound shall be applied immediately at the same rate of coverage specified herein. To insure proper coverage, the Engineer shall inspect all treated areas after application of the compound for the period of time designated in the governing specification for curing, either for membrane curing or for other methods. Should the foregoing indicate that any area during the curing period is not protected, an additional coat or coats of the compound shall be applied immediately, and the rate of application of the membrane compound shall be increased until all areas are uniformly covered. When temperatures are such as to warrant protection against freezing, curing by this method shall be supplemented with an approved insulating material capable of protecting the concrete for the specified curing period. If at any time there is reason to believe that this method of curing is unsatisfactory or is detrimental 038000 Page 17 of 19 Rev. 3-25-2015 to the work, the Contractor, when notified, shall immediately cease the use of this method and shall change to curing by one of the other methods specified under this contract. 15. REMOVAL OF FORMS Except as herein provided, forms for vertical surfaces may be removed when the concrete has aged not less than one day (24 hours) when Type I and Type II cement is used, and not less than one-half day (12 hours) when Type III cement is used, provided it can be done without damage to the concrete. Forms for inside curb faces may be removed in approximately three hours provided it can be done without damage to the curb. 16. FINISHING EXPOSED SURFACES Concrete shall be finished as required in the specification Section for the respective item or as otherwise specified on the plans. An ordinary surface finish shall be applied to all concrete surfaces either as a final finish or preparatory to a higher finish. Ordinary Surface Finish shall be as follows: After form removal, all porous or honey -combed areas and spalled areas shall be corrected by chipping away all loose or broken material to sound concrete. Feather edges shall be eliminated by cutting a face perpendicular to the surface. Shallow cavities shall be repaired using adhesive grout or epoxy grout. If judged repairable by the Engineer, large defective areas shall be corrected using concrete or other material approved by the Engineer. Holes and spalls caused by removal of metal ties, etc., shall be cleaned and filled with adhesive grout or epoxy grout. Exposed parts of metal chairs on surfaces to be finished by rubbing, shall be chipped out to a depth of one-half inch (1/2") and the surface repaired. All fins, runs, drips or mortar shall be removed from surfaces which remain exposed. Form marks and chamfer edges shall be smoothed by grinding and/or dry rubbing. Grease, oil, dirt, curing compound, etc., shall be removed from surfaces requiring a higher grade of finish. Discolorations resulting from spillage or splashing of asphalt, paint or other similar material shall be removed. Repairs shall be dense, well bonded and properly cured, and when made on surfaces which remain exposed and do not require a higher finish, shall be finished to blend with the surrounding concrete. 038000 Page 18 of 19 Rev. 3-25-2015 17. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, no direct measurement or payment will be made for the work to be done or the equipment to be furnished under this specification, but it shall be considered subsidiary to the particular items required by the plans and the contract documents. 038000 Page 19 of 19 Rev. 3-25-2015 PART T - TECHNICAL SPECIFICATIONS DIVISION 31 EARTHWORK Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 SECTION 3123 23 CEMENTITOUS FILL MATERIALS PART 1 - GENERAL 1.1 SUMMARY A. This section specifies cementitious fill materials for the following applications: 1. General filling applications for void areas below the existing concrete stepped seawall, as shown on the drawings. C. Definitions: 1. Ready -mix Controlled Low Strength Material (CLSM) is used as an alternative to compacted soil, and is also known as controlled density fill or flowable fill. Controlled Low Strength Material differs from Portland cement concrete as it contains a low cementitious content to reduce strength development for possible future removal. Chemical admixtures may be used in Controlled Low Strength Material to modify performance properties of strength, flow, set and permeability. 2. Controlled Low Strength Materials are considered machine tool excavatable at compressive strength of 200 psi (1.5 MPa) maximum at 1 year, or hand tool excavatable at compressive strength of 100 to 150 psi (0.7 MPa) maximum at 1 year. 1.2 UNIT PRICES A. Unit prices include costs of field quality -control testing required by the Work for which the unit price applies. B. Void Filling: Work will be paid for by the cubic yard computed on the basis of load tickets provided by the ready mix supplier. All material delivered to the site shall be accounted for. If excess material is left in the ready -mix truck, the Contractor shall have available areas to dump excess material. Calculations will be performed at the end of the project to compare theoretical to actual void quantities. Prices in the bid form are based upon the following: 1. Include all mobilization, demobilization, remobilization, set-up, fixed costs for labor and equipment, overhead, testing, profit, fieldwork required for bulkheads, confinement, and creating flow paths as necessary. 2. Include cost of material placed and only the labor portion of the work actually involved in pumping the material. The total compensation for fill under this specification is the sum of the items listed as follows: 1. The total of item 1 (as described in this section); and 2. The total of item 2 (as described in this section) multiplied by the quantity of fill placed. 1.3 SUBMITTALS A. Product Data: Include material descriptions, chemical composition, physical properties, test data, and mixing and application instructions. E14049 1. Include Material Safety Data Sheets, if applicable. Section 31 23 23 Page 1 of 5 2. Flowable fill mix design. 3. Historical compressive strength test results according to ASTM C109. C. Qualification Data: For installers and manufacturers to demonstrate their capabilities and experience. Include lists of at least 5 completed projects, within the last 10 years, comparable in size and complexity, to this Project, with a minimum of the following information: a) Owner's Name b) Project Name and Location c) Brief Description / Scope of Work for the Project d) Address and phone number of Owner e) Address and phone number of project engineer f) Date work was performed D. Material Test Reports: From a qualified testing agency indicating and interpreting test results for compliance of requirements indicated, in 2.1. E. Work Plan - Describe in detail the materials, methods, equipment, and sequence of operations to be used for the filling operation. 1.4 QUALITY ASSURANCE A. Manufacturer Qualifications: Manufacturers shall have factory -trained representatives who are available for consultation and project site inspection at no additional cost. Controlled Low Strength Materials shall be manufactured by a ready -mix concrete producer with a minimum of 1 year of experience in the production of similar products. B. Materials: For each type of material required for the work of this Section, provide primary materials which are the products of one manufacturer. If not otherwise specified here, materials shall comply with recommendations of ACI 229, "Controlled Low Strength Materials." C. Pre -Installation Conference: A pre -installation conference shall be held prior to commencement of field operations to establish procedures to maintain optimum working conditions and to coordinate this work with related and adjacent work. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver and handle in strict compliance with manufacturer's recommendations. Protect from damage due to weather, excessive temperatures, and construction operations. 1.6 PROJECT CONDITIONS A. Environmental Limitations: Perform work only when existing and forecasted weather conditions are within the limits established by the manufacturer of the materials and products used. Tidal variations will occur along the work area and contractor shall coordinate the work accordingly. B. Fill Areas in the first stage, as shown on the drawings, will require placement of fill material below water. Measures shall be taken (sealing of the bulkhead, etc.) to prevent migration of fine materials into or clouding of the water of the Corpus Christi Bay. E14049 Section 31 23 23 Page 2 of 5 C. For fill Areas in second stage, as shown on the drawings, contractor shall excavate or provide pathway areas as necessary to provide continuous void filling operations. PART 2— PRODUCTS 2.1 MIXES A. Flowable Fill - Mix design shall produce a consistency that will result in a flowable product at the time of placement which does not require manual means to move it into place. 1. For the first placement of fill material, mix shall have a unit weight of 75 - 90 lbs/ft3 measured at the point of placement after a 60 minute ready -mix truck ride. Majority of the placement will be under sea water. Provide a mix with compressive strength of maximum 200 psi when measured 7 days after placement. 2. For the second placement of fill material, mix shall have a unit weight of 75 - 90 lbs/ft3 measured at the point of placement after a 60 minute ready -mix truck ride. Provide a mix with compressive strength of maximum 100 psi when measured 7 days after placement. 3. Controlled Low Strength Material shall have minimal subsidence and bleed water which is measured as a final bleeding of less than 2.0% (retains 98.0 percent of original height after placement, approximately 1/4" per foot of depth) as measured in Section 10 of ASTM C 940 "Standard Test Method for Expansion and Bleeding of Freshly Mixed Grouts for Preplaced-Aggregate Concrete in the Laboratory". 4. In the absence of strength data the cementitous content shall be a maximum of 1501bs/cy. 5. Flowable Fill shall have an in-place yield of 98% of design yield. 2.2 MANUFACTURERS A. Products: 1. Flowable Fill: W. R. Grace & Co.; Stable -Air Generator DaraFill® 2.3 MATERIALS A. Flowable Fill 1. Portland Cement: ASTM C 150. 2. Admixture: WR. Grace & Co.; Stable -Air Generator Darafill. 3. Aggregate: Provide fine aggregate material meeting the requirements of ASTM C 33. 4. Pozzolanic Materials: Fly ash meeting ASTM C 618 requirements. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine conditions of substrates and other conditions under which work is to be performed and notify Owner, in writing, of circumstances detrimental to the proper completion of the work. Do not proceed until unsatisfactory conditions are corrected. E14049 Section 31 23 23 Page 3 of 5 B. Notify Engineer 48 hours in advance of dates when void fill operations will begin. Do not proceed with work until the Engineer is on site. 3.2 APPLICATION OF FILL MATERIALS A. Secure pipes, bulkheads, shoring and other members to be encased or adjacent to fill material to prevent displacement during placement of fill materials. Provide protection of underground drainage pipes, structures, conduits, etc. so that cementitous fill material does not enter spaces or cause flow or access blockage. B. Do not execute the work of this section unless the Engineer or Owner's representative is present and has authorized the work to commence. C. Prior to executing the void fill operations, notify the cementitious fill material's manufacturer to arrange for a representative to be on site before initial placement begins. 3.3 PROTECTION A. Protect fill material from traffic or other construction until sufficient strength has been achieved for further construction operations. 3.4 PREPARATION A. Protect people, motor vehicles, equipment, surrounding construction, Project site, storm sewer inlets and piping, and surrounding buildings from injury resulting from void fill work. B. Prepare bulkheads, pathways, relief venting and other work necessary to place fill material. 3.5 APPLICATION A. All fill materials: Place as follows: 1. Place fill materials in a manner that does not cause movements or excessive deflections in structural members including, but not limited to, the existing concrete stepped seawall, existing concrete sheet piling. 2. Materials shall be placed to provide, at a minimum, 90% coverage of the surfaces under or beside which the fill is being placed. 3.6 FIELD QUALITY CONTROL A. Trial Batch: A trial batch of CLSM material shall be cast on site outside the limits of the seawall prior to void filling operations. The sample shall be comprised of the CLSM mix design submitted and shall be a minimum quantity of 3 CY. If the trial batch does not yield a hand excavatable material after 7 days have passed, the trial batch shall be re -cast with an alternate mix design. The material from the trial batch shall be removed from the site by the contractor. 3.7 MEASUREMENT AND PAYMENT A. CLSM shall be measured by the cubic yard of material placed under the seawall. Measurement shall be based upon the CLSM volume reported on concrete truck tickets for the material E14049 Section 31 23 23 Page 4 of 5 delivered to the site. The concrete truck tickets are required to be delivered to the OAR as proof of concrete placement. B. Payment shall be full compensation for preparing, furnishing, and placing the CLSM material below the seawall; all labor, tools, equipment, and incidentals necessary to complete work. E14049 END OF SECTION Section 31 23 23 Page 5 of 5 APPENDIXES Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 APPENDIX 1— GEOTECHNICAL REPORT Subsurface Investigation, Laboratory Testing Program and Pavement Recommendations for the proposed Swantner Park Sidewalk (RETL Job No. G115204), published by Rock Engineering & Testing Laboratory, Inc., dated October 23, 2015 APPENDIX 1 APPENDIX - 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 October 23, 2015 City of Corpus Christi Department of Capital Programs 1201 Leopard Street Corpus Christi, Texas 78401 Attention: Mr. J.H. Edmonds, P.E., Director of Capital Programs • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING & TESTING • SOILS • ASPHALT • CONCRETE SUBJECT: SUBSURFACE INVESTIGATION, LABORATORY TESTING PROGRAM AND PAVEMENT RECOMMENDATIONS FOR THE PROPOSED SWANTNER PARK SIDEWALK City of Corpus Christi Project No. E14049 Ocean Drive Corpus Christi, Texas RETL Job No. — G115204 Dear Mr. Edmonds, In accordance with our agreement, we have conducted a subsurface investigation, laboratory testing program and pavement evaluation for the above referenced project. The results of this investigation, together with our recommendations, are to be found in the accompanying report, one electronic copy of which is being transmitted herewith for your records and distribution to the design team. Often, because of design and construction details that occur on a project, questions arise concerning soil conditions, and Rock Engineering and Testing Laboratory, Inc. (RETL), Texas Professional Engineering Firm No. — 2101, would be pleased to continue its role as Geotechnical Engineer during the project implementation. RETL also has great interest in providing materials testing and observation services during the construction phase of this project. If you will advise us of the appropriate time to discuss these engineering services, we will be pleased to meet with you at your convenience. If you have any questions, or if we can be of further assistance, please contact us at (361) 883-4555. Sincerely, Brian J. Geiger, P.E. Geotechnical Engineer ROCK ENGINEERING & TESTING LABORATORY, INC. www. rocktesting. cam 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS 78409-1703 OFFICE: (361) 883-4555 • FAX: (361) 883-4711 10856 VANOALE ST. SAN ANTONIO, TEXAS 78216-3625 OFFICE: (210) 495-8000 • FAX: (210) 495-8015 No.1 ROUNDVILLE LANE • ROUND ROCK, TEXAS 78664 OFFICE: (512) 284-8022 • FAX: (512) 284-7764 SUBSURFACE INVESTIGATION, LABORATORY TESTING PROGRAM AND PAVEMENT RECOMMENDATIONS FOR THE PROPOSED SWANTNER PARK SIDEWALK CITY OF CORPUS CHRISTI PROJECT NO. E14049 OCEAN DRIVE CORPUS CHRISTI, TEXAS RETL REPORT NUMBER: G115204 PREPARED FOR CITY OF CORPUS CHRISTI DEPARTMENT OF CAPITAL PROGRAMS 1201 LEOPARD STREET CORPUS CHRISTI, TEXAS 78401 OCTOBER 23, 2015 PREPARED BY: ROCK ENGINEERING AND TESTING LABORATORY, INC. 6817 LEOPARD STREET CORPUS CHRISTI, TEXAS 78409 PHONE: (361) 883-4555; FAX: (361) 883-4711 TEXAS PROFESSIONAL ENGINEERING FIRM NO. 2101 ../AIAN JGEIGER....j Brian J. Geiger, P.E. Geotechnical Engineer 906-370-5196 `11\tom\Ztj KYLE D. HAMMOCK 729X32 fQ % 421t�i1 F iter �.. Kyle D. Hammock, P.E. Vice President - San Antonio 210-495-8000 TABLE OF CONTENTS Page INTRODUCTION 1 Authorization 1 Purpose and Scope 1 General 1 DESCRIPTION OF SITE 2 FIELD EXPLORATION 2 Scope 2 Drilling and Sampling Procedures 3 Field Tests and Observations 3 LABORATORY TESTING PROGRAM 4 SUBSURFACE CONDITIONS 4 General 4 Soil Conditions 5 Groundwater Observations 5 GEOTECHNICAL DISCUSSION 6 Project Description 6 PVR Discussion 6 Pavement Selection Criteria 6 FLATWORK RECOMMENDATIONS 6 Routine Maintenance of Rigid Pavement Systems 8 SITE IMPROVEMENT METHODS 8 Concrete Flatwork Construction Considerations 8 CONSTRUCTION CONSIDERATIONS 9 Earthwork and Foundation Acceptance 9 GENERAL COMMENTS 9 APPENDIX Boring Location Plan Boring Logs B-1 through B-3 Key to Soil Classifications and Symbols October 23, 2015 Attn.: Mr. J.H. Edmonds, P.E. RETL Job No.: G115204 INTRODUCTION SWANTNER PARK SIDEWALK City of Corpus Christi Project No. E14049 Ocean Drive; Corpus Christi, Texas This report presents the results of a soils exploration, laboratory testing program and pavement analysis for the proposed Swantner Park Sidewalk to be constructed off of Ocean Drive located in Corpus Christi, Texas. This study was conducted for the City of Corpus Christi. Authorization The work for this project was performed in accordance with RETL proposal number P072015A dated July 22, 2015. The proposal was incorporated into a City of Corpus Christi Consultant Agreement and signed by a representative of Rock Engineering and Testing Laboratory, Inc. on September 4, 2015 and by a representative of the City of Corpus Christi on September 21, 2015. Purpose and Scope The purpose of this exploration was to evaluate the soil and groundwater conditions at the site and to provide pavement recommendations suitable for the proposed project. The scope of the exploration and analysis included the subsurface exploration, field and laboratory testing, engineering analysis and evaluation of the subsurface soils, provision of pavement recommendations and preparation of this report. The scope of services did not include an environmental assessment. Any statements in this report, or on the boring logs, regarding odors, colors, unusual or suspicious items or conditions are strictly for the information of the client. General The exploration and analysis of the subsurface conditions reported herein are considered sufficient in detail and scope to provide pavement recommendations for the proposed project. The information submitted for the proposed project is based on project details provided by HDR Engineering, Inc., the City of Corpus Christi and the soil information obtained at the boring locations. If the designers require additional soil parameters to complete the design of the proposed pavement system and this information can be obtained from the soil data and laboratory tests performed within the scope of work included in our proposal for this project, then RETL will provide the additional information requested as a supplement to this report. 1 of 9 October 23, 2015 Attn.: Mr. J.H. Edmonds, P.E. RETL Job No.: G115204 SWANTNER PARK SIDEWALK City of Corpus Christi Project No. E14049 Ocean Drive; Corpus Christi, Texas The Geotechnical Engineer states that the findings, recommendations, specifications or professional advice contained herein have been presented after being prepared in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the Geotechnical Engineer's profession practicing contemporaneously under similar conditions in the locality of the project. RETL operates in general accordance with "Standard Practice for Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction, (ASTM D3740)." No other representations are expressed or implied, and no warranty or guarantee is included or intended. This report has been prepared for the exclusive use of the City of Corpus Christi for the specific purpose of the proposed Swantner Park Sidewalk to be constructed off of Ocean Drive located in Corpus Christi, Texas. DESCRIPTION OF SITE The site of the proposed project is located at the existing Swantner Park on the northeast side of Ocean Drive in Corpus Christi, Texas. The site is relatively level and the surface of the project site is primarily covered with grass, concrete sidewalks, and flexible asphaltic pavement. The existing sidewalk is located adjacent to an existing seawall which drops down away from the project site along the northeast side of the park toward Corpus Christi Bay. At the time of our field investigation, the condition of the ground surface was firm and did not pose any significant difficulties to the drill crew moving their equipment. FIELD EXPLORATION Scope The field exploration, to evaluate the engineering characteristics of the subsurface materials, included reconnaissance of the project site, performing the boring operations and obtaining disturbed samples and relatively undisturbed Shelby tube samples. During the sample recovery operations the soils encountered were classified and recorded on the boring logs in accordance with "Standard Guide for Field Logging of Subsurface Exploration of Soil and Rock, (ASTM D5434)." Three borings were performed at this site for the purpose of providing geotechnical information. The table below provides the boring identification, boring locations, boring depth, and GPS Coordinates: 2 of 9 October 23, 2015 Attn.: Mr. J.H. Edmonds, P.E. RETL Job No.: G115204 SWANTNER PARK SIDEWALK City of Corpus Christi Project No. E14049 Ocean Drive; Corpus Christi, Texas SUMMARY OF BORING INFORMATION Boring Identification Boring Location Boring Depth (ft) GPS Coordinates B-1 Proposed Sidewalk 5 N 27.727186° W 97.348191° B-2 Proposed Sidewalk 5 N 27.728484° W 97.349585° B-5 Proposed Sidewalk 5 N 27.729096° W 97.351549° The GPS coordinates, obtained at the boring locations using a commercially available GPS, are provided in this report and on the boring logs. HDR Engineering, Inc. determined the number of borings. RETL determined the depth of the borings, staked the boring locations in the field, and performed the drilling operations. Upon completion of the drilling operations and obtaining the groundwater observations, the drill holes were backfilled with excavated soil and patched if applicable and the site cleaned as required. A Boring Location Plan is provided with this report. The borings performed for this project were used to determine the classification and strengths of the subgrade soils. This information is provided on the boring logs and includes boring locations, boring depth, soil classification, soil strengths and laboratory test results. The boring logs are included in the Appendix. Drilling and Sampling Procedures The test borings were performed using a drilling rig equipped with a rotary head turning hollow stem augers to advance the boreholes. Disturbed soil samples were obtained using split -barrel sampling procedures in general accordance with the procedures for, "Penetration Test and Split -Barrel Sampling of Soils, (ASTM D1586)." Relatively undisturbed soil samples were obtained using thin-wall tube sampling procedures in accordance with, "Thin Walled Tube Sampling of Soils, (ASTM D1587)." The samples obtained by this procedure were extruded by a hydraulic ram and classified in the field. All of the samples were placed in plastic bags, marked according to boring number, depth and any other pertinent field data, stored in special containers and delivered to the laboratory for testing. Field Tests and Observations Standard Penetration Tests — During the sampling procedures, standard penetration tests (SPT) were performed to obtain the standard penetration value of the soil at selected intervals. The standard penetration value (N) is defined as the number of blows of a 140 -pound hammer, falling 30 -inches, required to advance the split -barrel sampler 1 -foot into the soil. The sampler is lowered to the bottom of the previously cleaned drill hole and advanced by blows from the hammer. The number of blows is recorded for each of three successive 6 -inch penetrations. The "N" value is obtained by adding the second and third 6 -inch increment number of blows. The results of standard penetration tests indicate the relative density of cohesionless soils and comparative consistency of cohesive soils, thereby providing a basis for estimating the relative strength and compressibility of the soil profile components. 3 of 9 October 23, 2015 Attn.: Mr. J.H. Edmonds, P.E. RETL Job No.: G115204 SWANTNER PARK SIDEWALK City of Corpus Christi Project No. E14049 Ocean Drive; Corpus Christi, Texas Water Level Observations — Water level observations were obtained during the test boring operations. Water level observations are noted on the boring logs provided in the Appendix. In relatively pervious soils, such as sandy soils, the indicated depths are usually reliable groundwater levels. In relatively impervious soils, a suitable estimate of the groundwater depth may not be possible, even after several days of observation. Seasonal variations, temperature, land -use, proximity to a creek, river or lake and recent rainfall conditions may influence the depth to the groundwater. The amount of water in open boreholes largely depends on the permeability of the soils encountered at the boring locations. Ground Surface Elevations — The ground surface elevations at the boring locations were not provided. Therefore, all depths referred to in this report are measured from the ground surface at the boring locations during the time of our field investigation unless specified otherwise. LABORATORY TESTING PROGRAM In addition to the field investigation, a laboratory testing program was conducted to determine additional pertinent engineering characteristics of the subsurface materials necessary in analyzing the behavior of the pavement system for the proposed project. The laboratory testing program included supplementary visual classification (ASTM D2487) and water content tests (ASTM D2216) on all samples. In addition, selected samples were subjected to Atterberg limits tests (ASTM D4318) and percent material finer than the #200 sieve tests (ASTM D1140). The shear strength of selected cohesive soil samples were evaluated from unconfined compressive strength tests (ASTM D2166). The estimated soil strengths were obtained using a hand penetrometer. All phases of the laboratory testing program were conducted in general accordance with applicable ASTM Specifications. The results of these tests are to be found on the accompanying boring logs provided in the Appendix. SUBSURFACE CONDITIONS General The types of pavement bearing materials encountered in the test borings have been visually classified and are described in detail on the boring logs. The results of the standard penetration tests, strength tests, water level observations and other laboratory tests are presented on the boring logs in numerical form. Representative samples of the soils were placed in polyethylene bags and are now stored in the laboratory for further analysis, if desired. Unless notified to the contrary, all samples will be disposed of three months after issuance of this report. 4 of 9 October 23, 2015 Attn.: Mr. J.H. Edmonds, P.E. RETL Job No.: G115204 SWANTNER PARK SIDEWALK City of Corpus Christi Project No. E14049 Ocean Drive; Corpus Christi, Texas The stratification of the soil, as shown on the boring logs, represents the soil conditions at the actual boring locations. Variations may occur between, or beyond, the boring locations. Lines of demarcation represent the approximate boundary between different soil types, but the transition may be gradual, or not clearly defined. It should be noted that, whereas the test borings were drilled and sampled by experienced drillers, it is sometimes difficult to record changes in stratification within narrow limits. In the absence of foreign substances, it is also difficult to distinguish between discolored soils and clean soil fill. Soil Conditions The soil conditions encountered at the project site have been summarized and soil properties including soil classification, undrained shear strength, angle of internal friction and effective unit weight are provided in the following tables: Soil Profile Table D Generalized Soil Description LL PI C 4 ye -#200 N PP 0-3 Fat/Lean CLAY 44-61 32-42 400 0 115 70-88 2-6 --- 3-5 Fat CLAY & CLAYEY Sand 44 28 1,400 0 120 39 --- 1.75-3.5 Where: D = Depth in feet below existing grade LL = Liquid limit (%) PI = Plasticity index C = Soil Cohesion, psf (undrained) q = Angle of Internal Friction, deg. (undrained) ye = Effective soil unit weight, pcf Minus No. 200 = Percent passing the No. 200 sieve (%) N = Standard Penetration Test (blows per foot) PP = Pocket penetrometer value range, tsf Detailed descriptions of the soils encountered at the boring locations are provided on the boring logs included in the Appendix. Groundwater Observations Groundwater was not encountered during drilling and was not observed in the boreholes upon completion of the drilling operations. It should be noted that the borings were observed to stay open to a 5 -foot depth, the maximum termination depth of the borings, upon completion of the drilling operations. Therefore, based on observations made in the field and moisture contents obtained in the laboratory, it appears as if groundwater at the project location is at depths greater than 5 -feet, the maximum termination depth of the borings performed for proposed project at the time of our field investigation. It should be noted that the water levels in open boreholes may require several hours to several days to stabilize depending on the permeability of the soils and that groundwater levels at this site may be subject to seasonal conditions, recent rainfall, and drought or temperature effects. 5 of 9 October 23, 2015 Attn.: Mr. J.H. Edmonds, P.E. RETL Job No.: G115204 Project Description SWANTNER PARK SIDEWALK City of Corpus Christi Project No. E14049 Ocean Drive; Corpus Christi, Texas GEOTECHNICAL DISCUSSION Based on project information provided to RETL, the project will include the construction of new concrete sidewalk along the existing seawall at Swantner Park. The existing seawall is approximately 2,100 feet in length. PVR Discussion The laboratory test results indicate that the subsoils in the depths explored are moderate to high in plasticity. Typically, in the Corpus Christi area, reducing the PVR to 1 -inch for pavement sections is not cost effective and recommendations to reduce the PVR to 1 -inch for pavements are typically not provided. Pavement Selection Criteria Since performance criterion have not been provided, it is only possible to provide non - engineered pavement sections suitable for pedestrian use based on pavement sections that have provided adequate serviceability for similar locations. A list of some design considerations that must be taken into account, however not an exhaustive list, is provided below: 1. Typically, the expansive soils supporting a pavement system are lime stabilized. The soils at this site should be stabilized with 5% -percent lime based on the maximum dry unit weight of the raw subgrade soils as determined by the standard Proctor test (ASTM D698). 2. If it is required to reduce the PVR to 1 -inch, the expansive soils would have to be undercut and replaced with relatively non -expansive select fill material. Although this option would most likely provide adequate serviceability, due to the existing seawall structure, undercutting and replacement operations may not be a viable alternative. 3. To reduce the potential for undermining and increase the performance level of the sidewalk, a turned down edge at the perimeter should be considered. FLATWORK RECOMMENDATIONS In designing the proposed sidewalk the existing subgrade conditions must be considered together with the expected traffic use and loading conditions. The conditions that influence pedestrian pavement design can be summarized as follows: 6 of 9 October 23, 2015 Attn.: Mr. J.H. Edmonds, P.E. RETL Job No.: G115204 SWANTNER PARK SIDEWALK City of Corpus Christi Project No. E14049 Ocean Drive; Corpus Christi, Texas 1. Bearing values of the subgrade. These can be represented by a Modulus of Subgrade Reaction (K) for rigid pavements. 2. The availability of suitable materials to be used in the construction of the pavement and their relative costs. Specific laboratory testing to define the subgrade strength (i.e. K values) have not been performed for this analysis. Based upon local experience, the estimated K values for the natural surficial clay soils encountered at this site is 100 pci. The sidewalk can be constructed as a rigid pavement. It is important that any existing organic and compressible soils be removed and the exposed subgrade be properly prepared prior to pavement installation. The recommended rigid pavement section is provided in the following table: RIGID PAVEMENT Reinforced Concrete 5" Lime Stabilized Subgrade (51/2%) 8" All organics, deleterious materials and existing base materials shall be removed to the desired subgrade. If any loose or disturbed soils are encountered at the subgrade elevation they shall be removed to firm undisturbed natural in-situ soils and recompacted back into place to a minimum of 95 -percent of the maximum dry unit weight of the subgrade soils as determined by the standard Proctor (ASTM D698) and at, or above, the optimum moisture content. Lime placement and mixing operations should be performed in accordance with TxDOT Item 260, "LIME TREATMENT FOR MATERIALS USED AS SUBGRADE (ROAD MIXED)." Lime shall be introduced and mixed with the existing subgrade soils at a rate of 5'/2 -percent based on the maximum dry unit weight of the raw subgrade soils as determined by the standard Proctor test (ASTM D698). After proper curing time, usually 48 to 72 hours, the lime stabilized soils should be remixed and compacted to a minimum density of 98% of the maximum dry unit weight of the lime stabilized subgrade soils as determined by a standard Proctor test (ASTM D698) and at, or above, the optimum moisture content. The concrete pavement should be properly reinforced and jointed, as per ACI, and should have a minimum 28 -day compressive strength of 3000 psi. Expansion joints should be sealed with an appropriate sealant so that moisture infiltration into the subgrade soils and resultant concrete deterioration at the joints is minimized. The joints should be thoroughly cleaned and sealant should be installed without overfilling. 7 of 9 October 23, 2015 Attn.: Mr. J.H. Edmonds, P.E. RETL Job No.: G115204 SWANTNER PARK SIDEWALK City of Corpus Christi Project No. E14049 Ocean Drive; Corpus Christi, Texas Routine Maintenance of Rigid Pavement Systems During the service life of the pavement, routine maintenance will be required such as joint maintenance. Without proper maintenance moisture infiltration into the subgrade will result in rapid deterioration of the pavement system. RETL recommends that the City of Corpus Christi protect their investment by incorporating an aggressive maintenance program. SITE IMPROVEMENT METHODS Concrete Flatwork Construction Considerations The change in moisture content of the plastic clay soils is the primary mechanism resulting in the volumetric changes of the supporting soils. Provisions in the site development should be made in order to maintain relative uniform moisture contents of the supporting soils. A number of measures may be used to attain a reduction in subsoil moisture content variations, thus reducing the soil's shrink/swell volume change potential. Some of these measures are outlined below: • During construction, positive drainage schemes should be implemented to prevent ponding of water on the subgrade. • Positive drainage should be maintained around flatwork by transmitting water away from flatwork. We recommend that effective site drainage plans be devised by others prior to commencement of construction to provide positive drainage away from the site improvements and off the site, both during, and after construction. • Vegetation placed in landscape beds that are adjacent to flatwork should be limited to plants and shrubs that will not exceed a mature height of 3 -feet. Large bushes and trees should be planted away from the flatwork at a distance that will exceed their full mature height and canopy width. • Individual concrete panels of concrete sitework should be dowelled together to minimize trip hazards as a result of differential movements within the flatwork. • Pavements should be designed to drain quickly with a minimum positive slope of 1 -percent. All project features beyond the scope of those discussed above should be planned and designed similarly to attain a region of relatively uniform moisture content within the flatwork areas. Poor drainage schemes are generally the primary cause of flatwork problems on clay soils. 8 of 9 October 23, 2015 Attn.: Mr. J.H. Edmonds, P.E. RETL Job No.: G115204 Earthwork Acceptance SWANTNER PARK SIDEWALK City of Corpus Christi Project No. E14049 Ocean Drive; Corpus Christi, Texas CONSTRUCTION CONSIDERATIONS Exposure to the environment may weaken the soils at the pavement bearing levels if excavations remain open for long periods of time. Therefore, it is recommended that the pavement excavations be extended to final grade and the pavement be constructed as soon as possible to minimize potential damage to the bearing soils. The pavement bearing levels should be free of loose soil, ponded water or debris and should be observed prior to concreting or placing pavement constituents by the Geotechnical Engineer, or his designated representative. Pavement concrete and constituents should not be placed on soils that have been disturbed by rainfall or seepage. If the bearing soils are softened by surface water intrusion, or by desiccation, the unsuitable soils must be removed and be replaced with properly compacted soils or base material as directed by the Geotechnical Engineer. The Geotechnical Engineer, or his designated representative, should monitor subgrade preparation. As a guideline, density tests should be performed on the exposed subgrade soils and each subsequent lift of pavement constituents at a rate of one test per 100 linear feet or a minimum of three in-place nuclear tests per testing interval, whichever is greater. Any areas not meeting the required compaction should be recompacted and retested until compliance is met. GENERAL COMMENTS If significant changes are made in the character or location of the proposed project, a consultation should be arranged to review any changes with respect to the prevailing soil conditions. At that time, it may be necessary to submit supplementary recommendations. It is recommended that the services of RETL be engaged to test and evaluate the soils in the pavement excavations prior to concreting or placing pavement constituents in order to verify that the bearing soils are consistent with those encountered in the borings. RETL cannot accept any responsibility for any conditions that deviate from those described in this report, nor for the performance of the pavement if not engaged to also provide construction observation and testing for this project. If it is required for RETL to accept any liability, then RETL must agree with the plans and perform such observation during construction as we recommend. All sheeting, shoring, and bracing of trenches, pits and excavations should be made the responsibility of the contractor and should comply with all current and applicable local, state and federal safety codes, regulations and practices, including the Occupational Safety and Health Administration. 9 of 9 APPENDIX • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING & TESTING • SOILS • ASPHALT • CONCRETE October 23, 2015 Attn.: Mr. J.H. Edmonds, P.E. RETL Job No.: G115204 BORING LOCATION PLAN SWANTNER PARK SIDEWALK City of Corpus Christi Project No. E14049 Ocean Drive; Corpus Christi, Texas ROCK ENGINEERING & TESTING LABORATORY, INC. www. rocktesting. corn 6817 LEOPARD STREET •CORPUS CHRISTI, TEXAS 78409-1703 OFFICE: (361) 883-4555 • FAX; (361) 883-4711 10856 VANDALE ST • SAN ANTONIO, TEXAS 78216-3625 OFFICE: (210) 495-8000 • FAX:(210) 495-8015 No.1 ROUNDVILLE LANE • ROUND ROCK, TEXAS 78664 OFFICE: (512) 284-8022 • FAX: (512) 284-7764 O_ 0 F W 0 0 0 a. c: K d CC W Z F N ll) 0 U' z a 0 m 0 O 0 LOG OF BORING B-1 SHEET 1 of 1 G °`�•N r�Sri Rock Engineering & Testing Laboratory ' Oc t,c 6817 Leopard Street Corpus Christi, TX 78409-1703 <10 �PO Telephone: 361-883-4555 4,. p,Q° Fax: 361-883-4711 9r 0 CLIENT: City of Corpus Christi PROJECT: Swantner Park (Project No. E14049) LOCATION: Ocean Drive; Corpus Christi, Texas NUMBER: G115204 DATE(S) DRILLED: 9/22/15 - 9/22/15 FIELD DATA LABORATORY DATA DRILLING METHOD(S): Hollow Stem Auger SOIL SYMBOL DEPTH (FT) SAMPLE NUMBER SAMPLES N: BLOWS/FT P: TONS/SQ FT T: TONS/SQ FT PERCENT RECOVERY/ ROCK QUALITY DESIGNATION MOISTURE CONTENT (%) ATTERBERG LIMITS DRY DENSITY POUNDS/CU.FT COMPRESSIVE STRENGTH (TONS/SQ FT) MINUS NO. 200 SIEVE (%) LIQUID LIMIT PLASTIC LIMIT PLASTICITY INDEX GROUNDWATER INFORMATION: Groundwater was not encountered during drilling. Dry and Open upon completion. SURFACE ELEVATION: N/A LL PL PI DESCRIPTION OF STRATUM 1 2 - SS SH rl N LJ N= 2 31 FAT CLAY gray and brown, moist, soft. .17(/'' 17 "' 3 4 P= 3.5 16 44 16 28 110 1.6 39 CLAYEY SAND gray, moist, with shell, stiff. (SC) 5 N - STANDARD P POCKET T - POCKET Boring was terminated at a depth of 5 -feet. PENETRATION TEST RESISTANCE PENETROMETER RESISTANCE TORVANE SHEAR STRENGTH REMARKS: Boring location was determined by HDR, Inc. and boring depth was determined by RETL. Drilling operations were performed by RETL at GPS coordinates N 27.727186° W 97.34819V. O_ 0 F W 0 0 0 a. c: K d CC W Z F N ll) 0 U' z a 0 m 0 0 0 LOG OF BORING B-2 SHEET 1 of 1 G °`�•N r�Sri Rock Engineering & Testing Laboratory ' Oc t,c 6817 Leopard Street Corpus Christi, TX 78409-1703 <10 �PO Telephone: 361-883-4555 4,. p,Q° Fax: 361-883-4711 9r 0 CLIENT: City of Corpus Christi PROJECT: Swantner Park (Project No. E14049) LOCATION: Ocean Drive; Corpus Christi, Texas NUMBER: G115204 DATE(S) DRILLED: 9/22/15 - 9/22/15 FIELD DATA LABORATORY DATA DRILLING METHOD(S): Hollow Stem Auger SOIL SYMBOL DEPTH (FT) SAMPLE NUMBER SAMPLES N: BLOWS/FT P: TONS/SQ FT T: TONS/SQ FT PERCENT RECOVERY/ ROCK QUALITY DESIGNATION MOISTURE CONTENT (%) ATTERBERG LIMITS DRY DENSITY POUNDS/CU.FT COMPRESSIVE STRENGTH (TONS/SQ FT) MINUS NO. 200 SIEVE (%) LIQUID LIMIT PLASTIC LIMIT PLASTICITY INDEX GROUNDWATER INFORMATION: Groundwater was not encountered during drilling. Dry and Open upon completion. SURFACE ELEVATION: N/A LL PL PI DESCRIPTION OF STRATUM 1 2 3 - 4 SS SH rl N u N= 2 P= 3.5 37 26 61 19 42 96 1.5 88 FAT CLAY gray and brown, moist, soft. (CH) Same as above, gray, stiff. 5 - N - STANDARD P POCKET T - POCKET Boring was terminated at a depth of 5 -feet. PENETRATION TEST RESISTANCE PENETROMETER RESISTANCE TORVANE SHEAR STRENGTH REMARKS: Boring location was determined by HDR, Inc. and boring depth was determined by RETL. Drilling operations were performed by RETL at GPS coordinates N 27.728484° W 97.349585°. LOG_OF_BORING G115204 SWANTNER PARK.GPJ ROCKETL.GDT 10/13/15 LOG OF BORING B-3 SHEET 1 of 1 Rock Engineering & Testing Laboratory 6817 Leopard Street Corpus Christi, TX 78409-1703 Telephone: 361-883-4555 Fax: 361-883-4711 CLIENT: City of Corpus Christi PROJECT: Swantner Park (Project No. E14049) LOCATION: Ocean Drive; Corpus Christi, Texas NUMBER: G115204 DATE(S) DRILLED: 9/22/15 - 9/22/15 FIELD DATA LABORATORY DATA LL CL W 0 2 - SAMPLE NUMBER SS SH w a \�/ MOISTURE CONTENT (%) ATTERBERG LIMITS LIQUID LIMIT PLASTIC LIMIT PLASTICITY INDEX LL PL PI DRY DENSITY POUNDS/CU.FT COMPRESSIVE STRENGTH (TONS/SQ FT) MINUS NO. 200 SIEVE (%) DRILLING METHOD(S): Hollow Stem Auger GROUNDWATER INFORMATION: Groundwater was not encountered during drilling. Dry and Open upon completion. SURFACE ELEVATION: N/A 16 37 17 20 43 DESCRIPTION OF STRATUM ASPHALT: 21/2 -inches. r BASE MATERIAL: 8 -inches. N= 6 P= 1.75 29 25 44 12 32 70 SANDY LEAN CLAY gray, moist, with shell, firm. (CL) FAT CLAY gray, moist, stiff. Boring was terminated at a depth of 5 -feet. N - STAND P - POCKE T - POCKE A T T RD PENE PENETR TORVAN TRAT OME E SH ION TER EAR TEST R RESISTA STRENG ESISTANCE NCE TH REMARKS: Boring location was determined by HDR, Inc. and boring depth was determined by RETL. Drilling operations were performed by RETL at GPS coordinates N 27.729096° W 97.351549°. `fie e Rock Engineering & Testing Laboratory 05 FS 6817 Leopard Street ..,0 � y Corpus Christi, TX 78409-1703 c Engineering & Testing </ 0C �o Laboratory,Inc. Telephone: 361-883-4555 qa <� Fax: 361-883-4711 Og4��9�C'o0 Y KEY TO SOIL CLASSIFICATION AND SYMBOLS UNIFIED SOIL CLASSIFICATION SYSTEM TERMS CHARACTERIZING SOIL STRUCTURE MAJOR DIVISIONS SYMBOL NAME GW .4. I• '/ Well Graded Gravels or Gravel-Sand mixtures, little or no fines SLICKENSIDED having inclined planes of weakness that are slick and glossy in appearance FISSURED - containing shrinkage cracks, frequently filled with fine sand or silt; usually more or less vertical LAMINATED (VARVED) - composed of thin layers of varying color and texture, usually grading from sand or silt at the bottom to clay at the top - cohesive soils which break into small blocks or crumbs on drying CALCAREOUS - containing appreciable quantities of calcium carbonate, generally nodular WELL GRADED - having wide range in grain sizes and substantial amounts of all intermediate particle sizes POORLY GRADED predominantlyof one grain size uniformly graded) or having a range of sizes with some intermediate size missing (gap or skip graded) GRAVEL AND GP 00 ° r\o )p DN Poorly Graded Gravels or Gravel-Sand mixtures, little or no fines GRAVELLY SOILS GMS o D U c Silty Gravels, Gravel-Sand-Silt mixtures COARSE GC ,i: Clayey Gravels, Gravel-Sand-Clay Mixtures GRAINED.CRUMBLY SOILS SW Well Graded Sands or Gravelly Sands, little or no fines SAND AND SP Poorly Graded Sands or Gravelly Sands, little or no fines SANDY SOILS SM Silty Sands, Sand-Silt Mixtures SC Clayey Sands, Sand-Clay mixtures ML Inorganic Silts and very fine Sands, Rock Flour, Silty or Clayey fine Sands or Clayey Silts SILTS AND CLAYS LL < 50 CL / Inorganic Clays of low to medium plasticity, Gravelly Clays, Sandy Clays, Silty Clays, Lean Clays SYMBOLS FOR TEST DATA Groundwater Level - (Initial Reading) 1 — Groundwater Level (Final Reading) — Shelby Tube Sample 1 — SPT Samples I I — Auger Sample I — Rock Core FINE OL _— — - Organic Silts and Organic Silt-Clays of low plasticity GRAINED SOILSMH Inorganic Silts, Micaceous or Diatomaceous fine Sandy or Silty soils, Elastic Silts SILTS AND CLAYS LL > 50 CH Inorganic Clays of high plasticity, Fat Clays OH .i, "7 Organic Clays of medium to high plasticity, Organic Silts HIGHLY ORGANIC SOILS PT /, .,\l /, ,\ i, . Peat and other Highly Organic soils TERMS DESCRIBING CONSISTENCY OF SOIL COARSE GRAINED SOILS FINE GRAINED SOILS DESCRIPTIVE TERM NO. BLOWS/FT. STANDARD PEN. TEST DESCRIPTIVE TERM NO. BLOWS/FT. STANDARD PEN. TEST UNCONFINED COMPRESSION TONS PER SQ. FT. Very Loose Loose Medium Dense Very Dense 0 - 4 4 - 10 10 - 30 30 - 50 over 50 Very Soft Soft Firm Stiff Very Stiff Hard < 2 2 - 4 4 - 8 8 - 15 15 - 30 over 30 < 0.25 0.25 - 0.50 0.50 - 1.00 1.00 - 2.00 2.00 - 4.00 over 4.00 Field Classification for "Consistency" is determined with a 0.25" diameter penetrometer APPENDIX 2 — ENGINEERING LETTER REPORT Ocean Drive Park Improvements - Swantner Park Repairs — Phase 1 (Project Number E14049), published by HDR Engineering, Inc., dated June 05, 2015 APPENDIX 2 APPENDIX - 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 F�2 • Ocean Drive Park Improvements Swantner Park Repairs — Phase 1 City Project Number: E14049 HDR Project Number: 244990 City Funding Source: Bond 2012 Corpus Christi, TX June 5, 2015 hdrinc.com 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401-0849 (361) 696-3300 o .+ *: •. * II DANIEL E. GARZA i 11 •••. 10i4ii628 isi 1icsss• ri The City of Corpus Christi I Ocean Drive Improvements — Swantner Park CONTENTS Introduction 1 Authorization 1 Purpose & Scope 1 General Project Information 3 Overview Of Seawall Condition 3 Field Investigation 4 Concrete Drilling 5 Field Observations 7 Depth of Voids 7 Additional Areas of Voids 7 Volume of Voids 8 Repair Methods 10 Seawall Surface Repair 10 Discussion Of Repair Options and Recommendation 10 Opinions of Probable Project Costs 13 Summary And Recommendations 14 Summary 14 Recommendations 14 TABLES Table 1 - Estimated Volume of Voids 9 Table 2 - OPPCs for Swantner Park Repairs/Replacement 13 FIGURES Figure 1 - Aerial Map of Swantner Park 1 Figure 2 — Photo of Deteriorated Barrier 4 Figure 3 - Seawall Panel Typical Plan 5 Figure 4 - Seawall Panel Typical Section 5 Figure 5 — Photo of Panel at Station 18+00 (view looking north) 7 Figure 6 - Photo of Interior of Culvert (along the south wall) 8 APPENDICES Appendix A: Exhibits Appendix B: Conceptual Level Opinion of Probable Project Costs Appendix C: Field Investigation Data The City of Corpus Christi I Ocean Drive Improvements — Swantner Park Introduction INTRODUCTION AUTHORIZATION The work outlined in this study was authorized by representatives of the City of Corpus Christi, Texas (City). The work performed herein is in accordance with HDR Engineering, Inc. (HDR) proposal No. 77497 dated August 18, 2014, and authorized by Ms. Natasha Fudge, PE on December 9, 2014. HDR's work was performed under the City of Corpus Christi's Ocean Drive Park Improvements — Swantner Park, Project Number E14049 (Funding Source: Bond 2012). PURPOSE & SCOPE Figure 1 - Aerial Map of Swantner Park In 2011, the condition of the Swantner Park seawall prompted the City to perform an engineering inspection to determine the condition of the structure. The structure was experiencing severe spalling and deterioration of the surface, as well as portions of the sidewalk behind the seawall collapsing due to apparent voids. Subsequent to the engineering inspection report, the City issued a request for qualifications as part of the City's Bond 2012 capital improvement program. HDR was 1 FN The City of Corpus Christi I Ocean Drive Improvements — Swantner Park Introduction awarded the Swantner Park repairs project. Phase 1 of this project was to perform a condition assessment of the seawall. The purpose of this assessment was to determine the extent of the voids beneath the seawall at Swantner Park and to provide an opinion of probable project cost to implement the subsequent repairs. This report describes the investigation performed and the observed condition of the structures. Further, this report outlines conceptual repair recommendations and associated opinions of probable project cost. 2 The City of Corpus Christi I Ocean Drive Improvements — Swantner Park General Project Information GENERAL PROJECT INFORMATION OVERVIEW OF SEAWALL CONDITION Constructed in the 1970's, Swantner Park is situated on Corpus Christi Bay located along Ocean Drive between Airline Road and Ennis Joslin Road. The park's waterfront is protected by a stepped seawall approximately 2,100 feet long, as seen in Exhibit A-1. The seawall sections are comprised of forty -foot long stepped panels spanning between a continuous sheet pile bulkhead on the waterside and discrete timber piling at the landside. A plan and typical section can be found in Exhibit A-2. On February 27, 2012, an Engineering Letter Report (previous report) authored by CH2M HILL was submitted to the City (Project E11086) identifying the general condition of the seawall, panels, and the mudline elevations in front of the seawall. The scope of the project was to perform a Level I structural inspection of the structure, visually inspect areas behind the concrete cap and stairs, and provide repair recommendations and an engineer's opinion of probable cost for the repairs. Their conclusion was that approximately 6,600 square feet of concrete repairs were necessary and 120 cubic yards of material was required below the seawall to fill the voids. Based on our experience with similar conditions (voids) below the two-mile long downtown seawall, we expected the volume of voids identified in the previous report to be underestimated. HDR's approach with the City would be to provide a more thorough evaluation of the volume of the voids. This evaluation would provide an opinion of cost based on a more defined volume. The scope of HDR's project was to estimate of the volume of voids below the seawall. Additionally, surface observations were noted during the evaluation. This section generally describes the observations seen in the field during the January 2015 fieldwork. Critical Deficiency: FAILED PEDESTRIAN BARRIER Figure 2 shows one location where the barrier is severely corroded and partially collapsed. Protective barriers restricting pedestrian access to the failed portions of the brick paved walkways are in disrepair and are non-functional. The condition of the barriers presents a life safety hazard and should be repaired immediately. 3 The City of Corpus Christi I Ocean Drive Improvements — Swantner Park General Project Information WAIA .111,9•110' ism r3I1�lsy :,I I A47 ':..1-1j1;1M�.:..r molar ; Figure 2 — Photo of Deteriorated Barrier Panel Differential Deflection In several locations, a differential deflection of approximately one -inch between adjacent panels was observed. Differential deflections may indicate areas of instability or structural deficiency. Potential causes of this condition may include deteriorated timber piles, deteriorated concrete sheet piles, and voids, which reduce lateral support of the timber piles. Since this was outside of the original scope of work, an additional structural investigation would be required to determine the root cause of this condition. FIELD INVESTIGATION HDR performed a preliminary field investigation on December 29, 2014 to select the seawall panels on which measurements between the soffit of the seawall and the soil below would be made to determine the volume of voids. HDR subcontracted Rock Engineering and Testing Laboratories (RETL) to conduct the drilling for access points. This work was performed on January 20, 2015. The panels were selected to gain a representative cross section of the extent of voids along the seawall. 4 The City of Corpus Christi I Ocean Drive Improvements - Swantner Park General Project Information CONCRETE DRILLING Vertical holes, 5/8 of an inch in diameter, were drilled in the concrete panels at locations directed by the on-site HDR representative. The general arrangement of the hole -drilling pattern can be seen in Figures 3 and 4. 0 U) MUDUNE (VARIES) U, x r 0 DRILLED HOLE (TYP) 2'--D" Figure 3 - Seawall Panel Typical Plan SEAWALL PANEL ±1'_0 (TP) SIDEWALK 2'-6" CONCRETE SHEET PILE TIMBER PILE Figure 4 - Seawall Panel Typical Section 5 ( 1/4 PANEL WIDTH) ( 1/4 PANEL WIDTH) —i" DIAMETER ROLE (TYP) • 1,I i hl • 5TH STEP FROM BOTTOM • • 2ND STEP FROM BOTTOM • 1 -10'-0' -40'-0" -1 p'-0' ( 1/4 PANEL WIDTH) r a ( 1/4 PANEL IN DIN) DRILLED HOLE (TYP) 2'--D" Figure 3 - Seawall Panel Typical Plan SEAWALL PANEL ±1'_0 (TP) SIDEWALK 2'-6" CONCRETE SHEET PILE TIMBER PILE Figure 4 - Seawall Panel Typical Section 5 The City of Corpus Christi I Ocean Drive Improvements — Swantner Park General Project Information At the location of each hole, an HDR representative measured the thickness of the concrete panel and the distance from the top of the panel to the top of soil. After the measurements were taken, the bottoms of the holes were plugged with a backer rod and the hole was patched using non -shrink grout. The original plan involved drilling four (4) holes in each of the ten (10) selected seawall panels and four (4) holes in the sidewalk behind the selected panels, for a total of eighty (80) holes. As the work progressed, a number of factors prevented drilling the four (4) holes in the selected sidewalk locations. These factors included narrow sidewalk widths and lack of access due to protective barriers. Five (5) additional panels were selected for investigation to account for this. At the completion of the field work, fifteen (15) of the fifty-three (53) panels had been measured to determine the volume of voids. The data collected from the field investigation can be found in Appendix C, and the panel locations of the drilled holes are shown in the exhibits contained in Appendix A. 6 The City of Corpus Christi I Ocean Drive Improvements — Swantner Park Field Observations FIELD OBSERVATIONS DEPTH OF VOIDS Each of the panels selected for the investigation showed some sign of voids below the seawall panels. The void depths below the soffit of the seawall panels were, on average, between one (1) and five (5) inches. Depth of voids below the sidewalks that were investigated ranged from zero (0) to three (3) inches. ADDITIONAL AREAS OF VOIDS During the investigation of the seawall panels, two additional areas with large voids (volume greater than 5 CY) were discovered. The first void was found near station 9+00. Measurements indicated a four (4) foot distance from the soffit of the panel to the soil. In the sidewalk behind that panel, the hole indicated the concrete sidewalk was approximately 16 -inches thick. It appears that the void below the seawall may have caused settlement of the sidewalk in the past, and an attempt was made to correct the sidewalk. However, filling of the void beneath the panel did not appear to be part of the sidewalk repair. The second large void found was below the panel near station 18+00. There is a culvert located at the mid -point of the panel which outfalls into the bay. The panel and culvert can be seen in Figure 5. The void found below the panel (south of the culvert) measured up to two (2) feet below the seawall and was deepest adjacent to the culvert. Figure 5 - Photo of Panel at Station 18+00 (view looking north) This void indicates soil is either migrating along the culvert into the Bay or into the culvert itself. Access to the interior of the culvert was beyond the scope of this report; however, photos were taken The City of Corpus Christi I Ocean Drive Improvements — Swantner Park Field Observations by reaching around the sides of the culvert. Figure 6 shows the interior of the culvert on the side where the large void was discovered. Cracks and corrosion stains were observed on the interior of the culvert. Sediment was observed at the bottom of the culvert, but no holes can be seen in the photo. When the panel on the north side of the culvert was investigated, a seven (7) inch deep void was discovered. Figure 6 - Photo of Interior of Culvert (along the south wall) VOLUME OF VOIDS In the previous report, there were four locations that were identified as areas of immediate concern. They included Stations 5+08, 10+45, 11+56, and 14+00. The voids for these locations were identified by either visual or probing techniques, according to the previous report. In the previous report, an assumption of forty (40) CY was required for each void. Based upon the measurements taken during the field investigation, volumes of voids were calculated for the investigated panels. The previously identified void at Station 13+80 was investigated during our field investigation and was calculated to require approximately twenty (20) CY of material. A separate void, found at Station 7+50, was located during our investigation. The volume of fill material required for that location was approximately twenty-six (26) CY. Based on our investigation, we took an average of the two calculated volumes and applied it to the three remaining voids identified in the previous report and included it in our quantities. The City of Corpus Christi I Ocean Drive Improvements — Swantner Park Field Observations The seawall was divided into five (5) sections for the purpose of the investigation. Sections were chosen based on the geometry of the seawall similar in layout. The layout of the sections can be seen in Exhibit A-1. For each section, the average volume of voids per foot of seawall (void rate) was calculated using the information for the investigated panels within each section. The average void rate for each section was extrapolated over the corresponding section length to get an estimated volume of voids. A summary of the void depths, rates, and volumes are shown in Table 1 for the respective seawall sections. Tables containing the data collected during field activity can be found in Appendix C. Table 1 - Estimated Volume of Voids STATIONS VOIDS Section 1 fi Start Stop STA STA 0+00 2 7+00 3 11+00 4 15+00 5 17+00 7+00 11+00 15+00 17+00 21+10 Length FT 700 400 400 200 410 Void Rate 137.2 141.3 95.2 16.1 39.0 0.196 0.353 0.238 0.080 0.095 Avg. Void Depth 5 1/4 9 1/2 6 1/2 2 1/4 2 1/2 Totals 50% Contingency: Total Estimated Voids: 2110 428.7 214.4 643.1 CY It is impossible to accurately quantify the volume of voids below investigation. Just as the results of this investigation indicated the beyond those previously reported, it is probable additional large void filling operations. For this reason, a contingency of fifty calculated quantities. the seawall panels with a limited presence of additional large voids voids will be encountered during (50) percent was added to the 9 The City of Corpus Christi I Ocean Drive Improvements — Swantner Park Repair Methods REPAIR METHODS The following sections provide discussions for various repair methods for the different aspects of the Swantner Park Repairs. SEAWALL SURFACE REPAIR The surface of the Swantner Park seawall displays moderate to severe surface wearing and structure deterioration. The types of surface deficiencies include concrete cracking, concrete spalling, and rebar corrosion. In a previous investigation, the extent of concrete spalling was estimated to be 6,600 SF. In HDR's opinion, the repair of the seawall will be much more significant in scope than previously reported. In order for repairs to be effective, an experienced contractor will chip away concrete until sound concrete is found. Since the seawall is nearly 40 years old and is located in a corrosive environment, it is possible that significant amounts of concrete will need to be removed in order to reach sound material. In HDR's experience, spall repairs will usually require concrete removal for an area of two (2) to four (4) times the size of the spall. This extra concrete removal will result in more extensive repairs than those previously reported. Additionally, it is expected the chlorides (found in seawater) have most likely fully infiltrated the concrete, which is evidenced by the amount of corrosion seen in the reinforcing. There are no effective methods to draw out or mitigate the chlorides. The reinforcing appears to be suffering from corrosion attack, and continued deterioration is inevitable. Representatives from a repair material supplier visited the site with HDR to determine potential repairs. Based on the extent of damage, it did not appear a suitable product was available which would offer a cost-effective solution. Effectively repairing this structure in a cost-effective manner is not feasible, and repairs are not recommended. DISCUSSION OF REPAIR OPTIONS AND RECOMMENDATION Three methods of repair/replacement were identified during the investigation and subsequent meetings with the City. They are: 1. Option 1: Complete Replacement 2. Option 2: Demolish -in -Place 3. Option 3: Subsurface and Sidewalk Option 1: Complete Replacement This replacement option involves complete removal and disposal of 2,110 -linear feet of a stepped seawall, sidewalk, concrete sheets along the front (south) cap, and timber piles along the rear (north) cap. A new structure will be constructed in the current seawall's existing footprint. The new seawall will be comprised of steel sheet piles along the front cap and timber piles along the rear cap. A new stepped seawall spanning between the front and rear caps will be cast -in-place; the soffit of 10 The City of Corpus Christi I Ocean Drive Improvements — Swantner Park Repair Methods the seawall panels will be supported by compacted select fill (ground supported) placed behind the new steel sheet pile bulkhead. A new concrete sidewalk will also be installed north of the seawall. This option provides a completely new seawall system, and matches the current configuration. The current opinion of project costs for this option is approximately $7,118,000. Consideration should be given to these potential issues: 1. Regulatory challenges — This has not been fully vetted but there may be difficulty in obtaining permits for the removal of the existing system and installation of a new seawall 2. Expected cost — This is the most comprehensive and most expensive option investigated An exhibit was not prepared for this option, but an OPPC has been provided in Appendix B. Option 2: Demolish -in -Place Similar to Option 1, this repair option also involves complete removal and disposal of 2,110 -linear feet of a stepped seawall, sidewalk, and timber piles along the rear (north) cap. The front (south) cap and concrete sheets will remain in place. However, instead of replacing the seawall with a functional equivalent, a lower-cost alternative is proposed. The new seawall will be comprised of rock riprap, including appropriate sub -base, fill and stone. The limits of the rock riprap would remain as is the current footprint of the stepped seawall. Additionally, two timber overlooks were included in the OPPC to provide better access to the bay for fishing. A new concrete sidewalk will also be installed north of the rock riprap. This option provides a less-expensive remedy to replace the current system. The current opinion of project costs for this option is approximately $2,534,000. Consideration should be given to these potential issues: 1. Regulatory challenges — This has not been fully vetted but there may be difficulty in obtaining permits for the removal of the existing system and installation of a riprap system 2. Access issues — This restricts general access to the water, except at the two overlook locations. 3. Aesthetic issues — The clean lines of a stepped seawall have been replaced with a less aesthetically -pleasing system of rock rubble. 4. Expected costs — This option is the least expensive replacement option investigated, but is twice the cost of the repair option outlined below. An exhibit was not prepared for this option, but an OPPC has been provided in Appendix B. Option 3: Subsurface and Sidewalk Repairs This repair option involves performing the necessary repairs on the existing stepped seawall to allow it to remain in place. Additionally, the existing concrete sidewalk will be replaced with a new concrete sidewalk. As described at the beginning of this section, effectively repairing the surface of the stepped seawall in a cost-effective manner is not feasible. Because of this, no surface repairs were investigated and not included in the OPPC. The first step to repair the existing seawall is to stop material from migrating out from between the joints of the sheet piles. Material is migrating from under the seawall because water is able to freely 11 The City of Corpus Christi I Ocean Drive Improvements — Swantner Park Repair Methods pass through the joints between concrete sheets and erode the soil under the seawall. In order to stop material from being lost underneath the seawall, the joints must be sealed. Furthermore, this seal will retain the Controlled Low Strength Material (CLSM) from being able to flow into Corpus Christi Bay. The sidewalk must be removed in order for the contactor to place CLSM. Demolition of the seawall would be much more costly than demolition of the sidewalk. Furthermore, the condition of the sidewalk is generally poor and many areas need to be replaced; removal of the sidewalk will serve a dual purpose. This option provides the least -expensive remedy to repair the current system. The current opinion of project costs for this option is approximately $1,112,000. Consideration should be given to these potential issues: 1. Aesthetic issues — The existing stepped seawall, in its current deteriorated condition, will remain in place with its less aesthetically -pleasing look. 2. Longevity of existing concrete — The existing stepped seawall is reaching the end of its useful life and continued deterioration is inevitable. 12 The City of Corpus Christi I Ocean Drive Improvements — Swantner Park Opinions of Probable Project Costs OPINIONS OF PROBABLE PROJECT COSTS Conceptual Level Opinion of Probable Project Cost (OPPC) was prepared with the information gathered from the field investigation. A breakdown of the quantities can be found in Appendix B. Table 2 - OPPCs for Swantner Park Repairs/Replacement SUMMARY OF OPPCs IP Repair/Replacement Option Item Description Option 1: Complete Replacement Major Option 2: Option 3: Demolish -in- Subsurface Place and Sidewalk Repairs Work Item Cost Mobilization/Demobilization $ 100,000 $ 75,000 $ 30,000 Demolition $ 350,000 $ 292,000 $ 106,000 Seawall Void Repair N/A N/A $ 323,000 Seawall Surface Repair' N/A N/A $ 0 Seawall Replacement $ 4,280,000 N/A N/A Shoreline Protection N/A $ 822,000 N/A Sidewalk Replacement $ 244,000 $ 244,000 $ 244,000 Timber Platform N/A $ 256,000 N/A Project Contingency (35%) $ 1,741,000 $ 592,000 $ 247,000 Other Project Related Costs $ 403,000 $ 251,000 $ 162,000 GRAND TOTAL $ 7,118,000 $ 2,532,000 $ 1,112,000 Note: 'HDR recommends not conducting repairs on the surface of the seawall. 13 FN The City of Corpus Christi I Ocean Drive Improvements — Swantner Park Summary And Recommendations SUMMARY AND RECOMMENDATIONS SUMMARY Two additional locations of voids and widespread loss of soil beneath the seawall panels were discovered during the investigation of the seawall. The volume of voids presented in the previous report was updated based upon the findings of this investigation. There are temporary barriers in place at Swantner Park that restrict pedestrian access to hazardous areas, such as locations with missing pavers and collapsing sidewalk. Many of the barriers are in disrepair and non-functioning. The barriers are deteriorated and they are not serving their intended purpose. HDR recommends a high priority be placed on replacement. RECOMMENDATIONS HDR recommends providing new barriers to replace the failed barriers at the site until the start of construction. This repair should be a high priority and repaired immediately because the condition of the barriers poses a serious risk to the health and safety of the public. HDR also recommends the City of Corpus Christi proceed with Option 3: Subsurface and Sidewalk Repairs as outlined above. Also, the City should move forward with the detailed design phase to fill the voids beneath the seawall, as well as replace the sidewalks behind the seawall panels. HDR can provide a proposal, upon request by the City, to provide design phase, bid phase, and CA/CO phase services for the recommended option. The Swantner Park seawall protects the shoreline against storm surges and everyday wave action within Corpus Christi Bay. Delays in addressing the seawall issues will result in additional deterioration and more extensive repairs, if not total replacement of the seawall. 14 OCEAN DRIVE IMPROVEMENTS — SWANTNER PARK APPENDIX A EXHIBITS City of = = Corpus :•.�.: Christi Texas P.E. Firm Registration No. F-754 PROJECT TITLE COCC - SWANTNER PARK REPAIRS SHEET TITLE SWANTNER PARK SITE PLAN PROJECT NUMBER 244990 PROJECT MANAGER D. GARZA DATE FEBRUARY 2015 REFERENCE SHEET REFERENCE DOCUMENT EXHIBIT NUMBER A-1 ±40'-0" PANEL 10'-0" 20'-0" 10'-0" 0/4." PANEL WIDTH) (Y4" PANEL WIDTH) DRILLED HOLE (TYP.) SIDEWALK • e TYPICAL PANEL PLAN n SCALE: 1/8" = 1'-0" MUDLINE (VARIES) SEAWALL PANEL DRILLED HOLE (TYP.) (TYP.) 0 -\/\- — CONCRETE SHEET PILE (TYP.) TIMBER J PILE SIDEWALK TYPICAL PANEL SECTION n SCALE: 1/4" = 1'-0" Texas P.E. Firm Registration No. F-754 PROJECT TITLE COCC — SWANTNER PARK REPAIRS SHEET TITLE TYPICAL PANEL PLAN & SECTION PROJECT NUMBER 244990 PROJECT MANAGER D. GARZA DATE FEBRUARY 2015 REFERENCE SHEET REFERENCE DOCUMENT EXHIBIT NUMBER A-2 OCEAN DRIVE IMPROVEMENTS — SWANTNER PARK APPENDIX B CONCEPTUAL LEVEL OPINION OF PROBABLE PROJECT COSTS City of = = Corpus :•.�.: Christi Surveys $403,000 0% $0 Geotechnical Investigation 0% $0 Engineering 4% $235,025 Permitting 0% $0 Construction Administration 2% $100,725 Materials Testing 1% $67,150 Other Project Related Costs F FD OPINION OF PROBABLE PROJECT COST Estimated By: T. Kusemiju, 5 CITY OF CORPUS CHRISTI: OCEAN DRIVE PARK IMPROVEMENTS Checked By: D. Garza, PE QA/QC By: M. Pettijohn, P SWANTNER PARK: OPTION 1 - COMPLETE REPLACEMENT Date: May 8, 201; Item Description Quantity Unit Cost Minor Work Item Subtotals Major Work Item Subtotals Extende. Tot QTY I Unit Item No. 1- Mobilization/Demobilization --- $100,000 Mobilization 1 LS $65,000 $65,000 $65,000 Demobilization 1 LS $35,000 $35,000 $35,000 Item No. 2 - Demolition $350,000 Demolition of Existing Elements --- $349,900 Demo and remove concrete seawall steps and sheet pile cap 1,259 CY $185 $233,186 Partial demo of timber pile underneath seawall 528 LF $12 $6,120 Demo and remove concrete sidewalk 570 CY $185 $105,575 Demo existing surface features, e.g. pedestrian barriers 1 LS $5,000 $5,000 Item No. 3 - Seawall Replacement $4,280,000 Steel Sheetpile Wall --- $3,434,700 AZ 19-700N cantilever wall, 40' tall, incl. material and install 2,110 LF $1,391 $2,934,469 Concrete cap 625 CY $800 $500,148 Fill Placement --- $56,400 Temporary fencing 2,110 LF $8 $16,880 Mechanical excavation 700 CY $10 $7,000 Select Fill as sub -base 650 CY $50 $32,500 Replace Concrete Seawall --- $788,800 Recast concrete steps 946 CY $800 $757,099 Timber pile at soffit of landside cap, 30'1g. 106 EA $300 $31,650 Item No. 4 - Sidewalk Replacement $244,000 Sidewalk Replacement --- $243,200 Replace sidewalk behind seawall 30,660 SF $8 $243,126 SUBTOTAL (Work Items) $4,974,000 Project Contingency 35% $1,741,000 SUBTOTAL (Work Items Plus Contingency) $6,715,000 PROJECT GRAND TOTAL $7,118,000 Notes: 1. Opinion of probable project cost (OPPC) is based on HDR's understanding of current labor and material costs and reasonable estimates of construction activity duration. 2. Pricing is based on 2015 dollars. 3. It is assumed that the soils are not contaminated. Material testing during the design phase will determine the suitability of the soil to be used as backfill. APPENDIX B-1 PAGE 1 OF 3 F3 OPINION OF PROBABLE PROJECT COST Estimated By: T. Kusemiju, EIT Checked By: D. Garza, PE CITY OF CORPUS CHRISTI - OCEAN DRIVE PARK IMPROVEMENTS - QA/QC By: M.Pettijohn,PE SWANTNER PARK: OPTION 2 - DEMOLISH -IN-PLACE Date: May8,2015 Item Description Quantity Unit Cost Minor Work Item Subtotals Major Work Item Subtotals Extended Tota QTY Unit I Item No. 1- Mobilization/Demobilization --- $75,000 Mobilization 1 LS $50,000 $50,000 $50,000 Demobilization 1 LS $25,000 $25,000 $25,000 Item No. 2 - Demolition $292,000 Demolition of Existing Elements --- $292,000 Demo and remove concrete seawall steps 946 CY $185 $175,287 Partial demo of timber pile underneath seawall 528 LF $12 $6,120 Demo and remove concrete sidewalk 570 CY $185 $105,575 Demo existing surface features, e.g. pedestrian barriers 1 LS $5,000 $5,000 Item No. 3 - Shoreline Protection $822,000 Add Shoreline Revetment --- $821,200 Site preparation and fill removal 398 CY $25 $9,950 Geotextile fabric, complete and in place 5,158 SY $6 $30,948 Riprap - 10008 Stone, complete and in place 7,431 TON $105 $780,255 Item No. 4 - Sidewalk Replacement $244,000 Sidewalk Replacement --- $243,200 Replace sidewalk behind seawall 30,660 SF $8 $243,126 Item No. 5 - Timber Platform $256,000 Timber Platform --- $255,200 (2) 10' x 45' timber platform 900 SF $284 $255,150 SUBTOTAL (Work Items) $1,689,000 Project Contingency 35% $592,000 SUBTOTAL (Work Items Plus Contingency) $2,281,000 Other Project Related Costs Surveys $251,000 0% $0 Geotechnical Investigation 0% $0 Engineering 6% $136,860 Permitting 0% $0 Construction Administration 3% $68,430 Materials Testing 2% $45,620 PROJECT GRAND TOTAL $2,532,000 Notes: 1. Opinion of probable project cost (OPPC) is based on HDR's understanding of current labor and material costs and reasonable estimates of construction activity duration. 2. Pricing is based on 2015 dollars. 3. It is assumed that the soils are not contaminated. Material testing during the design phase will determine the suitability of the soil to be used as backfill. APPENDIX B-2 PAGE 2 OF 3 OPINION OF PROBABLE PROJECT COST CITY OF CORPUS CHRISTI: OCEAN DRIVE IMPROVEMENTS - SWANTNER PARK: OPTION 3 - SUBSURFACE AND SIDEWALK Quantity Item Description Unit Cost QTY Unit ITEM No. 1- Mobilization/Demobilization Minor Work Item Subtotals Estimated By: Checked By: QA/QC By: Date: Major Work Item Subtotals I-) ADH DEG MRP May 8,2015 Extended Total $30,000 Mobilization 1 LS $15,000 $15,000 $15,000 Demobilization 1 LS $15,000 $15,000 $15,000 Item No. 2 - Demolition $106,000 Sidewalk Removal $106,000 Remove Sidewalk behind Seawall 570 CY $185 $106,000 Item No. 3 - Seawall Void Repair $323,000 Sheet Pile Interlock Repairs $108,000 Repair/Fill Gaps between Concrete Sheets 1,758 LF $61 $108,000 Fill Voids $215,000 Temporary Fencing 2,110 LF $8 $16,000 Mechanical Excavation 700 CY $10 $7,000 CLSM Fill Behind Seawall 650 CY $242 $157,000 Divers for first CLSM placement 5 DAYS $7,000 $35,000 Item No. 4 - Seawall Surface Repair $0 Item No. 5 - Sidewalk Replacement $244,000 Sidewalk Replacement $244,000 Replace Sidewalk behind Seawall 30,660 SF $8 $244,000 SUBTOTAL (Work Items) $703,000 Project Contingency 35% $247,000 SUBTOTAL (Work Items Plus Contingency) $950,000 Other Project Related Costs $162,000 Surveys $0 Geotechnical Investigation $0 Engineering 10% $95,000 Permitting 0% $0 Construction Administration 5% $47,500 Materials Testing 2% $19,000 PROJECT GRAND TOTAL $1,112,000 Notes: of current labor and material costs and reasonable estimates of construction activity duration. 1. Opinion of probable project cost (OPPC) is based on HDR's understanding 2. Pricing is based on 2015 dollars. APPENDIX B-3 PAGE 3 OF 3 OCEAN DRIVE IMPROVEMENTS — SWANTNER PARK APPENDIX C FIELD INVESTIGATION DATA City of = = Corpus :•.�.: Christi Panel Section SITE INVESTIGATION - VOID RATES CITY OF CORPUS CHRISTI: OCEAN DRIVE IMPROVEMENTS - SWANTNER PARK Spreadsheet By: Checked By: QA/QC By: Date: ADH DEG MRP February 23, 2015 Section Stations Start STA Stop STA Calculations Length FT Void Station STA Voids CY/Panel Void Depth FT Ave. Rate CY/FT Voids CY 2 7+00 3 11+00 4 15+00 5 17+00 7+00 11+00 15+00 17+00 21+10 700 400 400 200 410 1+75 2+75 5+08 5+45 7+50 9+00 10+00 10+45 11+30 11+56 12+20 13+00 13+80 12+50 16+00 15+00 17+80 2+50 3.01 3.14 23 2.2 26.55 3.99 2.97 23 3.94 23 3.52 3.55 19.85 3.25 2.51 3.92 6.47 1.14 0.44 0.79 0.54 0.18 0.21 0.196 0.353 0.238 0.080 0.095 137.2 141.3 95.2 16.1 39.0 Subtotal 428.7 CY Project Contingency 50% SUBTOTAL (Subtotal Plus Contingency) 643.0 CY Notes: 1. This panel was identified during the CH2MHILL inspection of the seawall to have voids below the seawall panels, but did not have drilling and field measurements taken during this investigation. The volume of 23 cubic yards is an average value from voids at Sta. 7+50 and Sta. 13+80. APPENDIX C-1 Page 1 of 1 SITE INVESTIGATION - SOIL DEPTHS AND VOIDS CITY OF CORPUS CHRISTI: OCEAN DRIVE IMPROVEMENTS - SWANTNER PARK Spreadsheet By: Checked By: QA/QC By: Date: F32 ADH DEG MRP February 13, 2015 Panel Location STA 1+75 2+75 5+45 7+50 9+00 10+00 11+30 12+20 12+50 Hole 1 Measurements from Field Total Depth I TOC - BOC IN 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 IN 16 18.5 15.5 13.5 6 9 15.5 17 13.5 15 6 6 15.5 15.5 16.25 14 46 20 13 15 13 12 6 6 12.75 12.5 12 12.75 6 Depth IN 3 3.5 2.5 1.5 0 3 2.75 4.5 1.5 2.25 0 6 0 14.5 14.25 14 11.25 6.5 5.25 13.5 15.5 5.25 18.25 16 17 20 17.25 14.5 15.5 1 1.25 2.25 2.75 0 3.25 32.5 4.5 4.25 15.5 15.5 14.5 11.5 15.75 0.5 2.5 8.5 1.5 19 16 17.75 16 19.75 13.5 12.25 5.5 18.5 19.75 16 16 8.5 16 16.25 17.5 22 14 15 13 15 6 5 14 13 11 9.75 4 15.25 15.5 12.5 14.75 4.5 16 14.25 14.5 17.5 12.5 3 2.75 2.5 2 0 0.25 2 6.75 2.5 2.5 1.5 3.25 4.25 3.5 1.25 4 0 2 3 4.5 1.5 Length LF 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 Width LF 4.3 4.3 5.2 5.2 4.3 4.3 5.2 5.2 4.3 4.3 5.2 5.2 4.8 20 20 4.3 5.2 5.2 4.3 4.3 5.2 5.2 Area SF 86.7 86.7 103.3 103.3 86.7 86.7 103.3 103.3 86.7 Volumes CY 0.80 0.94 0.80 0.48 0.74 1.20 0.48 0.72 0.27 96.1 86.7 103.3 103.3 86.7 86.7 103.3 103.3 9.64 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 5.2 5.2 86.7 103.3 103.3 1.20 15.07 0.64 0.13 0.67 2.71 0.48 0.80 0.74 0.80 0.64 4.3 4.3 5.2 5.2 4.3 4.3 5.2 5.2 4.3 4.3 5.2 5.2 86.7 86.9 103.3 103.3 86.7 86.7 103.3 103.3 86.7 86.7 103.3 103.3 0.53 1.81 0.80 0.80 0.87 1.14 1.12 0.40 0.53 0.80 1.44 0.48 Average Depth IN 2.6 2.8 1.8 21.6 3.3 2.6 3.4 3.1 2.8 Volumes CY 3.14 2.20 26.55 3.99 2.97 3.94 3.52 3.25 APPENDIX C-2 Page 1 of 2 SITE INVESTIGATION - SOIL DEPTHS AND VOIDS CITY OF CORPUS CHRISTI: OCEAN DRIVE IMPROVEMENTS - SWANTNER PARK Panel Location STA 13+00 13+80 15+00 16+00 17+80 (SOUTH) 17+80 (NORTH) 20+50 Hole 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 Measurements from Field Depth IN Total Depth IN 21.5 18 15.25 15.5 3 19.75 30.5 15.25 52.25 21.5 18 16 17.5 12.5 17.25 14.5 14.25 16 27.5 13 35.5 4 21.75 13.25 TOC - BOC IN 18.75 13.75 13.25 12.25 3 14.5 16 12.25 10 17 13.5 14.5 14.25 10 14.25 12.5 14 17 11.5 12 3.5 14.5 12.25 2.75 4.25 2 3.25 0 5.25 14.5 3 42.25 4.5 4.5 1.5 3.25 2.5 3 Length LF 20 20 20 20 20 20 20 20 20 20 20 20 20 2 10.5 1.5 23.5 0.5 7.25 1 20 20 20 20 Width LF 4.3 4.3 5.2 5.2 4.3 4.5 5.2 5.2 4.3 4.3 5.2 5.2 4.3 4.3 5.2 5.2 Area SF 86.7 86.7 103.3 103.3 86.7 89.7 103.3 103.3 86.7 86.7 103.3 103.3 86.7 86.7 103.3 103.3 Spreadsheet By: Checked By: QA/QC By: Date: Volumes CY 0.74 1.14 0.64 1.04 1.40 4.01 0.96 13.47 1.20 1.20 0.48 1.04 0.67 0.80 0.64 0.40 4.3 4.4 5.2 5.2 43.3 44.1 51.7 51.7 0.27 1.43 0.24 3.75 10 7 7 4.4 5.2 30.5 36.2 0.68 0.11 5 6 1 2 3 4 5 6 16.5 17.25 16.25 14.5 16 16.75 15.5 12.5 8 6.75 0.5 0.5 0.75 2 0.5 1 20 20 20 20 20 20 4.3 4.3 5.2 5.2 86.7 86.7 103.3 103.3 0.13 0.13 0.24 0.64 Average Depth IN 3.1 16.3 3.4 2.2 9.4 4.1 0.9 F32 ADH DEG MRP February 13, 2015 Volumes CY • 3.55 1 1442 5.68 0.79 1.14 Average Depth of Voids below Seawall 5.2 IN SUM OF VOIDS ENCOUNTERED 90.0 CY Notes: 1. Holes 5 and 6 are located within the limits of the sidewalk. 2. The volume of voids below sidewalks were not added to volume quantities. 3. The 'Depth' is the distance from the soffit of the seawall to the top of the soil. 4. The following are the definitions for acronyms used in this table: TOC = Top of Concrete BOC = Bottom of Concrete APPENDIX C-2 Page 2 of 2 APPENDIX 3 — ENGINEERING INSPECTION REPORT Swantner Park Bulkhead — Engineering Inspection Report (Project Number E11086), published by CH2MHILL, Inc., dated February 27, 2012 APPENDIX 3 APPENDIX - 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 CH2MHILL® February 27, 2012 Mr. Dan Biles, P.E. Interim Director of Engineering Services The City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 CH2M HILL 555 N. Carancahua, Tower II Suite 310 Corpus Christi, TX 78401 Tel 361.888.8100 Fax 361.888.8600 RE: Swantner Park Bulkhead - Engineering Inspection Report Project Number E 11086 Dear Dan: The following is the engineering inspection report for the Swantner Park Bulkhead. This inspection report includes observations of the conditions noted in the field, photographs of the deficient components, generalized recommendations and an Engineer's Opinion of Probable Costs for repairs. Authority and Scope CH2M HILL's proposal, dated June 14, 2011 to Mr. Dan Biles, outlined the scope of work for the project. An executed Agreement for Consultant Services between CH2M HILL and the City of Corpus Christi (City) was issued on August 10, 2011 per City Project Number E11086. The CH2M HILL scope of work for this phase of the project included: 1. Performed a structural inspection (Level 1) of the structure. The inspection included a visual and tactile inspection of accessible structural members from the top of the structure to the mud line. The purpose of the visual inspection was to observe the condition of the structural members and to search for presence of structural distress. 2. Photographed deficient areas as conditions allowed. 3. Visually inspected five areas (at the existing void areas or suspected void areas) behind the concrete cap/stairs. 4. Prepared conceptual recommendations for repair or replacement of the deficiencies. 5. Prepared an Engineering Inspection Report including inspection procedures, existing conditions, photographs, repair and/or replacement recommendations, a priority for repairs (1 year, 2 years or 5 years), and an Engineer's Opinion of Probable Costs for repairs (+50% - 15%). P:1CityofCorpusChristi1426839SwatnerParkBH\CORRESPONDENCE10wner\Letters12012 2 27 InspectionReportFinalRev.docx PAGE 1 OF 15 Mr. Dan Biles February 27, 2012 Terminology In this report, the terms good, fair and poor are used to describe the member condition. The terms minor, moderate and severe are used to describe member deterioration. These are descriptions of subjective observations and indicate condition or performance with respect to intended performance. Members described as being in good condition or having minor deterioration generally do not require repair to perform as originally intended. Fair condition or moderate deterioration indicates sufficient structural integrity exists that performance is generally as intended, but maintenance or repair is sometimes recommended on these members to prevent further deterioration and to extend the life of the structure. Poor condition or severe deterioration indicates the member is in need of repair or replacement in order to perform as the structural element was originally intended. The inspection conducted on the bulkhead is of a general nature and not comprehensive to include each and every structural member. Although reasonable care was taken to identify the general condition of the bulkhead and to determine structural defects, structural damage or defects to specific members may exist which were not discovered during the course of the inspection. As Built Drawings According to Mr. Claude Nowlin, Engineering Technician for the City, as built drawings do not exist in the City's data base. Existing Conditions The Swantner Park Bulkhead is approximately 2,100 ft long and includes a front sheet pile bulkhead and seawall steps. The front sheet pile bulkhead includes concrete sheet piles, six feet wide with tongue and groove joints. The seawall section includes a concrete sheet pile cap and six steps to the top of the slope. There is a concrete/brick paver sidewalk adjacent to the top seawall step. The sidewalk varies from 5' to 20' wide. Construction details including length of the concrete sheet piles, concrete reinforcing steel details, pile supports under the seawall and other underground details could not be determined in the field. Typical View of Bulkhead at Sta. 21+00 P:1CityofCorpusChristi1426839SwatnerParkBH1CORRESPONDENCE10wnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 2 OF 15 Mr. Dan Biles February 27, 2012 A site plan and detailed description of the inspection are located in the Appendix. A summary of the results of the field inspection of the bulkhead conducted on December 1 and December 31, 2011 are noted below: • Stationing for the bulkhead began with Sta. 0+00 on the west end of the bulkhead and ended at Sta. 21+16.5 at the east end of the bulkhead. See Drawing No. 1. • For this report, step 1 is at the bottom of the seawall near the water line and step 6 is at the top along the sidewalk/brick pavers. Generally, steps 3, 4 and 5 have moderate to severe cracks and spalls with exposed reinforcing steel on the concrete surface (See Photograph No. 1 and 2 for typical views of deficiencies). } r,• Photograph No. 1 Severe spalling of concrete with exposed reinforcing steel at Sta. 3+75 Photograph No. 2 Typical view of severe spalling of steps near Sta. 8+50 • Separations of the concrete sheet piles at the tongue and groove joints (6" to 8"wide) exist at Sta. 10+45 and Sta. 14+00. A 7 1/2 ft. long probe was inserted through the P:1CityofCorpusChristi1426839SwatnerParkBH1CORRESPONDENCE10wnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 3 OF 15 Mr. Dan Biles February 27, 2012 sheet pile separations with no resistance indicating a substantial void behind the bulkhead and under the seawall steps at these locations. Underwater photographs were taken at these locations that show the extent of the separations (See Photograph No. 3). Photograph No. 3 Underwater view of sheet pile wall separation at Sta. 10+45 • Separations of the concrete sheet piles at the tongue and groove joints (1" to 3" wide) exist at Sta. 1+95, 11+98, 14+10 and Sta. 14+24. We were not able to insert a probe through these separations and could not determine the extent of possible voids behind the bulkhead. • Washouts and settlement of the brick pavers on the topside of the bulkhead were noted at various locations throughout the site. The table below includes the washout location and extent of washout. Photograph No. 4 is a representative example of washouts. Washout Locations Station Extent of washout/settlement 8+40 9 ft wide/8" deep 11+80 5 ft wide 12+10 3 ft wide 12+40 9 ft wide 12+50 to 12+70 20 ft wide/1 ft deep 12+95 9 ft wide 13+62 9 ft wide 14+00 to 14+50 6 ft wide at various locations 14+60 9 ft wide P:1CityofCorpusChristi1426839SwatnerParkBH1CORRESPONDENCE10wnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 4 OF 15 Mr. Dan Biles February 27, 2012 Photograph No. 4 Washout and missing brick pavers at Sta. 8+44 • A 5" diameter hole exists near the top of the sheet pile wall at the concrete cap at Sta. 5+08. A rectangular hole measuring 10"x3" exists at Sta. 11+56. A 71/2 ft. long probe was inserted in these holes with no resistance indicating a void behind the bulkhead deeper than 7'/2 ft. Probes were inserted in the ground in the vicinity behind the bulkhead at Sta. 5+08 and resistance was encountered during probing, indicating that voids were not near the surface. There were also no signs of settlement of fill material at the top of the steps behind the sidewalk (See Photograph No. 5). Photograph No. 5 View of area behind Sta. 5+00 P:1CityofCorpusChristi1426839SwatnerParkBH1CORRESPONDENCE10wnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 5 OF 15 Mr. Dan Biles February 27, 2012 • A 2' diameter hole exists below the brick pavers at Sta. 14+00. The hole is approximately 6' deep (See Photograph No. 6 and 7). A photograph was taken in the hole (See Photograph No. 8). The extent of the void could not be determined. However, this photograph revealed what appears to be a pile supporting the top of the stairs. Photograph No. 6 Void below brick pavers at Sta. 14+00 Photograph No. 7 View of the hole below brick pavers at Sta. 14+00 P:1CityofCorpusChristi1426839SwatnerParkBH1CORRESPONDENCE10wnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 6 OF 15 Mr. Dan Biles February 27, 2012 Photograph No. 8 View of extent of void at Sta. 14+00. Note pile on right side. • The concrete outfall structures have significant cracking and spalling (See Photograph No. 9). Photograph No. 9 View of cracks and spalls on outfall Structure at Sta. 17+99 • Sounding were taken in front of the bulkhead at 50 foot intervals and at 20 foot perpendicular spacing to a distance of 40 feet out from bulkhead starting at Sta. 0+00. Water elevation at the time of the inspection was approximately +0.09' MSL. Depth of the water ranged from 0.3' (-0.21' MSL) at Sta. 0+00 to 5.0' (-4.91' MSL) at Sta. 8+50. See Table No. 3 in the Attachment for sounding elevations and depths. P:1CityofCorpusChristi1426839SwatnerParkBH1CORRESPONDENCE10wnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 7 OF 15 Mr. Dan Biles February 27, 2012 Generalized Recommendations and Repairs Void Areas: Separations in the concrete sheet piles have resulted in soil loss from behind the concrete sheet pile bulkhead and below the concrete steps. This soil loss likely occurs during high tides and extreme wave action that erodes the fill material through the separations. The overall extent of the fill material loss and resulting voids could not be determined. The areas of immediate concern are at Sta. 5+08, Sta. 10+45, Sta. 11+56 and Sta. 14+00. At each of these locations, voids were verified by visual or probing techniques. The soil under the steps will continue to erode through the sheet pile separations and the size of the voids will increase. The structural integrity of the bulkhead and concrete steps could not be determined since as builts are not available. Also, a structural analysis was not part of the scope of the project. However, based on the Photograph at Sta. 14+00, it appears that support piles exist under the concrete steps. These support piles are probably preventing a collapse of the concrete steps and bulkhead in the void areas. The concrete steps were likely not designed to span the distance from the sheet pile bulkhead to the top of the steps. We recommend that repairs be performed as soon as possible (within 1 year) and that the known void areas be barricaded immediately to prevent pedestrian and equipment traffic in these areas. The repair procedure includes sealing the separations on the exterior of the concrete sheet piles and filling the voids under the steps with flowable fill. The flowable fill should be placed by the Contractor from areas adjacent to the voids to prevent collapse of the voids during construction due to equipment loading. Costs associated with this repair are provided in the "Engineer's Opinion of Probable Costs" below. Additional Inspections in the Void Areas: Separations of the concrete sheet pile joints (1" to 3" wide) exist at Sta. 1+95, 11+98, 14+10 and Sta. 14+24. We were not able to insert a probe through these separations and could not determine the extent of possible voids behind the bulkhead. We recommend that the construction contractor carefully excavate these areas to determine if voids do exist under the steps. The cost for the excavation is included in the Engineer's Opinion of Probable Costs; however the cost for any potential repairs is not included. Spalled and Cracked Concrete Areas: Generally the surface of the concrete steps is in fair to poor condition. There are numerous areas that have severe cracks and spalls and exposed reinforcing steel. See Photograph No. 10 on the next sheet, for a representative example: P:1CityofCorpusChristi1426839SwatnerParkBH1CORRESPONDENCE10wnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 8 OF 15 Mr. Dan Biles February 27, 2012 Photograph No. 10 Spalling of concrete with exposed reinforcing steel near Sta. 7+25 The repair procedure includes removing the cracked or spalled concrete to sound concrete, replacing corroded reinforcing steel and then placing new concrete. Repairs should be performed within 5 years. Costs associated with this repair are provided in the "Engineer's Opinion of Probable Costs" noted below. Engineer's Opinion of Probable Costs Void Areas: Opinion of Probable Costs associated with repairs of the void areas at Sta. 5+08, Sta. 10+45, Sta. 11+56 and Sta. 14+00 are noted below. The repair will require that the sheet pile separations be sealed to contain the flowable fill. Approximately 40 cubic yards of flowable fill material was estimated to be placed to fill each void. However, based upon the limitations of access and the ability to measure the void, a contingency was added to reduce the probability of exceeding the cost. Mobilization $10,000 Material $26,000 Labor and Equipment $110,000 Design and Construction Insp. $ 29,000 Subtotal $175,000 Contingency + 50% $262,000 Contingency -15% $149,000 P:1CityofCorpusChristi1426839SwatnerParkBH1CORRESPONDENCE10wnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 9 OF 15 Mr. Dan Biles February 27, 2012 Spalled and Cracked Concrete Areas: The costs associated with the repair of spalled and cracked concrete areas are noted below. Approximately 6,600 sf. of concrete repairs are required. Mobilization $ 15,000 Material $ 132,000 Labor and Equipment $ 660,000 Design and Construction Insp. $121,000 Subtotal $ 928,000 Contingency + 50% $1,392,000 Contingency -15% $789,000 CH2M HILL has no control over the cost or availability of labor, equipment or materials, market conditions, or contractor's method of pricing. CH2M HILL's opinions of probable costs are made solely on our professional judgment and experience, and there is no warrantee that the actual construction costs will not vary from our opinions of probable cost. We appreciated the opportunity to provide our services on this project. Please call John Garcia at (361) 792-2012 or Sidney Faas at (361) 792-2011, if you have any questions. Very truly yours, CH2M HILL, INC. TBPE Firm 1 F 2297 D. Garcia, P.E. r. Project Engineer SOF1 11'47� 't. i *• • /\ ▪ *II JUAN D. GARCIA •••0 ?j .c . 88492 • ▪ • f , ,1. eSs�ONA-.*��r� l JDG/sf/cp Attachments Sidney A. Faas P.E. Vice President P:1CityofCorpusChristi1426839SwatnerParkBH\CORRESPONDENCE\OwnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 10 OF 15 Attachments Mr. Dan Biles February 27, 2012 P:1CityofCorpusChristi1426839SwatnerParkBH\CORRESPONDENCE10wner\Letters12012 2 27 InspectionReportFinalRev.docx. PAGE 12 OF 15 Spalled Table 1 and Cracked Concrete Deficiencies Station Description 0+00 Moderate to severe cracking/spalling of concrete wing wall. 0+25 to 0+50 Steps 3 and 4 have moderate cracking/spalling. Estimated area of spalled concrete is 100 sf. 0+30 & 0+67 Expansion joint filler material deteriorated. 0+50 to 1+00 Steps 3, 4 and 5 have numerous cracks/spalls. Estimated area of spalled concrete is 150 sf. 1+08 & 1+48 Expansion Joint filler material deteriorated. 1+00 to 1+50 Minor cracks/spalling of concrete on steps 3, 4 and 5. Moderate spalling along top edge. Estimated area of spalled concrete is 180 sf. 1+60 to 1+75 Step 6 has severe cracks/spalling of concrete with exposed reinforcing steel. Estimated area of spalled concrete is 15 sf. 1+50 to 2+00 Minor to moderate cracks/spalling of concrete on steps 3, 4 and 5. Estimated area of spalled concrete is 60 sf. 2+50 to 3+00 Moderate cracks/spalling of concrete on steps 3-6 with exposed reinforcing steel in some locations. Estimated area of spalled concrete is 170 sf. 2+70, 3+08, 3+48 & 3+88 Expansion joint filler material deteriorated. 3+00 to 3+50 Minor to moderate cracks/spalling of concrete on steps 3 and 4. Estimated area of spalled concrete is 30 sf. 3+50 to 4+00 Moderate to severe cracks/spalling of concrete on steps 3-6 with exposed reinforcing steel in steps 4 and 5. Estimated area of spalled concrete is 200 sf. 4+00 to 4+50 Moderate cracks/spalling of concrete on steps 3-6. Estimated area of spalled concrete is 60 sf. 4+50 to 5+00 Minor to moderate cracks/spalling of concrete on steps 3-6. Estimated area of spalled concrete is 150 sf. 5+00 to 5+50 Minor cracks/spalling of concrete on steps 3-6. Estimated area of spalled concrete is 80 sf. 5+50 to 6+00 Minor cracks/spalling of concrete on steps 4-6. Estimated area of spalled concrete is 60 sf. 6+10 Moderate cracks/spalling of the topside of concrete outfall structure. Estimated area of spalled concrete is 10 sf. 6+30 Expansion Joint filler material deteriorated. 6+00 to 7+00 Moderate cracks/spalling of concrete on steps 3-6 with exposed reinforcing steel along step 6 near Sta. 6+50. Estimated area of spalled concrete is 130 sf. 7+00 to 8+00 Moderate cracks/spalling of concrete on steps 3-5 with exposed reinforcing steel. Minor cracks/spalling of concrete on step 6. Estimated area of spalled concrete is 160 sf. 8+44 Washout topside exists that is approximately 9 feet wide. This washout is likely caused by wave action in this vicinity. No detectable void in fill material exists. See Photograph No. 4 P:1CityofCorpusChristi1426839SwatnerParkBH\CORRESPONDENCE10wner\Letters12012 2 27 InspectionReportFinalRev.docx. PAGE 12 OF 15 Mr. Dan Biles February 27, 2012 Spatted and Table 1 Cracked Concrete Deficiencies (Continued) Station Description 8+00 to 8+50 Moderate to severe cracking/spalling of concrete on 40% of steps 3-6. Estimated area of spalled concrete is 120 sf. 8+50 to 9+00 Moderate to severe cracking/spalling of concrete on 70% of steps 2-6. Estimated area of spalled concrete is 230 sf. 9+08, 9+48 & 9+88 Expansion joint filler material deteriorated. 9+00 to 9+50 Minor to moderate cracking/spalling of concrete on 15% of steps 3-6. Estimated area of spalled concrete is 40 sf. 9+50 to 10+00 Moderate cracking/spalling of concrete on 60% of steps 3-6. Estimated area of spalled concrete is 160 sf. 10+28, 10+67 & 11+05 Expansion Joint filler material deteriorated. 10+50 to 11+00 Minor cracking/spalling of concrete on less than 10% of steps 3-6. Estimated area of spalled concrete is 30 sf. 11+45 & 11+85 Expansion joint filler material deteriorated or missing. 11+00 to 11+50 Moderate to severe cracking/spalling of concrete on 80% of steps 3-6. Severe spalling of concrete with exposed reinforcing steel on step 3. Estimated area of spalled concrete is 320 sf. 11+50 to 12+00 Moderate cracking/spalling of concrete on 80% of steps 3-6. Estimated area of spalled concrete is 320 sf. 12+00 to 12+50 Minor to moderate cracking/spalling of concrete on 50% of steps 3-6. Minor cracking/spalling of concrete on step 2. Estimated area of spalled concrete is 215 sf. 12+63 Erosion of expansion joint 4'x4'x8"deep. 12+90 10' to 15' wide settlement/eroded area in the brick pavers. Approximately 50% of brick pavers missing. 12+50 to 13+00 Moderate to severe cracking/spalling of concrete on steps 3-6. 80% spalls on step 4. Estimated area of spalled concrete is 320 sf. 13+00 to 14+00 Moderate cracking/spalling of concrete on steps 3-6. 95% spalling on step 4. Estimated area of spalled concrete is 300 sf. 13+63 9' wide washout area in the brick pavers. Approximately 50% of brick pavers missing. 13+95 to 14+05 ±2' diameter by 6' deep hole below the pavers. Horizontal extent of void could not be determined. See Photograph No. 6 & 7. It appears from Photograph No. 8 that a pile supports the top of the stairs. 14+00 to 14+50 Minor to moderate cracking/spalling of concrete on 40% of steps 3-6. 95% spalling of concrete with exposed reinforcing steel on step 6. Estimated area of spalled concrete is 220 sf. Minor cracking/spalling of concrete on steps 3-6. Estimated area of spalled concrete is 20 sf. 14+50 to 15+00 15+40 & 15+82 Erosion at expansion joint. 15+00 to 15+50 Moderate cracking/spalling of concrete on 80% of steps 3 and 4. Estimated area of spalled concrete is 160 sf. 15+00 to 15+30 Bottom of concrete cap near waterline has severe cracking/spalling approximately 30' long. P:1CityofCorpusChristi1426839SwatnerParkBH1CORRESPONDENCE10wnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 13 OF 15 Mr. Dan Biles February 27, 2012 Spatted and Table 1 Cracked Concrete Deficiencies (Continued) Station Description 15+50 to 16+00 Moderate cracking/spalling of concrete on 50% of steps 3-6. Severe cracking/spalling of concrete on 95% of step 6. Estimated area of spalled concrete is 300 sf. 16+00 to 16+50 Moderate cracking/spalling of concrete on 50% of steps 3-6. Estimated area of spalled concrete is 200 sf. 16+25 More than 50% of brick pavers missing. 16+60 Expansion joint filler material deteriorated or missing. 16+50 to 17+00 Minor cracking/spalling of concrete on 5% of steps 3, 4 and 6. Estimated area of spalled concrete is 30 sf. 17+02, 17+42 & 17+83 Expansion joint filler material deteriorated or missing. 17+00 to 17+50 Moderate to severe cracking/spalling of concrete on 80% of steps 3-5. Estimated area of spalled concrete is 240 sf. 17+70 Bottom of concrete cap near waterline has cracking/spalling approximately 3' long. 17+50 to 18+00 Minor cracking/spalling of concrete on less than 5% of steps 3-6. Estimated area of spalled concrete is 20 sf. 17+99 Moderate to severe cracking/spalling on topside of outfall structure. See Photograph No. 9. 18+00 to 18+50 Minor to moderate cracking/spalling of concrete on 40% of steps 2-6. Estimated area of spalled concrete is 100 sf. 18+50 to 19+00 Moderate to severe cracking/spalling of concrete on 80% of steps 3-5. Estimated area of spalled concrete is 240 sf. 18+24 &18+64 Expansion Joint filler material deteriorated or missing. 19+00 to 19+50 Minor cracks in step 6, 10 foot long. Estimated area of spalled concrete is 10 sf. 19+50 to 20+00 Moderate to severe cracking/spalling of concrete on 90 to 95% of steps 3-5. Minor cracking/spalling of concrete on 20% of step 6. Estimated area of spalled concrete is 250 sf. 19+04 & 19+46 Expansion joint filler material deteriorated or missing. 20+00 to 20+50 Minor to moderate cracking/spalling of concrete on 20% of steps 3, 4 & 6. Estimated area of spalled concrete is 60 sf. 20+26 Expansion joint filler material deteriorated or missing. 20+50 to 21+00 Moderate cracking/spalling of concrete on 60% of steps 2-6. Estimated area of spalled concrete is 300 sf. 21+11 Top of concrete outfall structure broken /missing. Table 2 Total Quantity of Spalled and Cracked Concrete Deficiencies 5,760 sf x 15% Contingency = 6,624 sf P:1CityofCorpusChristi1426839SwatnerParkBH1CORRESPONDENCE10wnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 14 OF 15 Mr. Dan Biles February 27, 2012 Sounding Elevations Table 3 in MSL Datum Sta. Face of bulkhead 20' from bulkhead 40' from bulkhead 0+00 -0.21 -2.96 -3.66 0+50 -2.71 1+00 -2.91 -4.06 -4.06 1+50 -3.11 2+00 -3.11 -4.16 -4.26 2+50 -3.41 3+00 -3.61 -4.56 -4.56 3+50 -3.61 4+00 -3.81 -4.89 -4.96 4+50 -3.81 5+00 -3.81 -5.46 -5.46 5+50 -4.41 6+00 -4.31 -5.56 -5.66 6+50 -4.41 7+00 -4.61 -5.86 -6.16 7+50 -4.81 8+00 -4.51 -5.86 -6.06 8+50 -4.91 9+00 -4.71 -5.96 -6.16 9+50 -4.41 10+00 -4.11 -5.26 -5.76 10+50 -3.71 11+00 -3.71 -4.66 -5.26 11+50 -3.51 12+00 -3.51 -4.46 -4.96 12+50 -3.21 13+00 -3.31 -4.16 -4.66 13+50 -2.91 14+00 -2.91 -3.96 -4.36 14+50 -2.91 15+00 -2.71 -4.06 -4.66 15+50 -2.51 16+00 -2.41 -4.06 -4.66 16+50 -2.11 17+00 -2.11 -3.66 -4.16 17+50 -2.21 18+00 -2.31 -3.46 -3.66 18+50 -1.91 19+00 -1.71 -3.16 -3.16 19+50 -0.51 20+00 -0.61 -3.06 -3.06 20+50 -0.61 21+00 -0.81 -2.86 -3.36 21+16.5 -0.71 P:1CityofCorpusChristi1426839SwatnerParkBH1CORRESPONDENCE10wnerlLetters12012 2 27 InspectionReportFinalRev.docx. PAGE 15 OF 15 000 969 (1 90 555 N. CARANCAHUA, CORPUS CHRIST!, TEXAS 78401 10BYYAS 30N32134321 lY3IdAi '0NI '9NIn133NION3 2�OH ,e 03elVd38d C- C. Z m a r N N m 6170143 ## 123rOad ,17'8 IUSI !H0 Sf1d800 ar W U is LIS n P N P E; : M E N i p' * V u N M 10202 I [C[ NOTES Na LIq 02-O0dOUMN -S. 1 $ g 0 Q t q a z 3 EI IE EY DESCRIPTION SHEET 1 of 24 RECORD DRAWING NO. CP -215 CITY P.R(JECI ftE14049 Q Q �} Q CITY of CORPUS CHRIST! TEXAS of Engineering Services 2111119 111 d., 111 V v Igal""le 1...uu e2 gag e er.. a Q H H RR OENOlrt1ON PIM (2 Of 3) OEWOUTIN PUN (3 OF 3) III ggt 17.1:ri &AWL ATE KM COMO 9TE ANO OENOIRgN PUN (1 01 4) X3CINI133HS ifiuno0 oripjod uos CID %00 co m 1,1 - Vf.1y 1 in !a01agR N Texas P.E, Firm Registration No. F-754 �r�r:`••".�' ••••,•/�k,• 0 *_ *• i ADAM D. NAGEL i , if 122314 ' RF o='�.� . crs7E \^ I1PiON;L 'tl um.. �`Deportment 1f��f 1W n" O 0 0 0 JULY 2015 NI, ISSUED FOR ENDS REVISION NO EI IE EY DESCRIPTION SHEET 1 of 24 RECORD DRAWING NO. CP -215 CITY P.R(JECI ftE14049 OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) COVER SHEET AND SHEET INDEX CITY of CORPUS CHRIST! TEXAS of Engineering Services 00ZZ-969 1O81NAS 3ON32133321 IVOIdAl 'SNI `9NIHa3NIJN3 2IOH a��JVd��Jd S 95595 6uuaau!6u3 10 J0/ RELEASED FOR CONSTRUCTION 3ZIS-flVH a31NIHd 6I O1t 3 # 193POSd DJ rn CALLICOATTE ROAD MCKENZIE RD 1JoJ SNV7d RAND MORGAN (}unoo o!ou}ad UDS OF A W r. N T ,Q O V (T A 03 -CIVIL WORKS 13 IC001 'ENLARGED SITE PLAN (1 OF 4) N- O o" m V T... W 2 10002 !GENERAL NOTES AND LEGEND 02 -DEMOLITION 01 -GENERAL 1 IG001 COVER SHEET AND SHEET INDEX INDEX Sheet No. I Drawing No. I Description N0 0 oa o CD CO 0 Fa' J o n o n 88898�<.. x xS x N- STORMWATER POLLUTION PREVENTION - STANDARD DETAILS (3 OF 3) STORMWATER ENVIRONMENTAL PERMITS ISSUED MID COMMENTS(EPIC) (2 OF 3) STORMWATER POLLUTION PREVENTION PLAN - NOTES (1 OF 3) TYPICAL SIDEWALK DETAILS MISCELLANEOUS DETAILS TYPICAL SIDEWALK SECTIONS ENLARGED PLANS AND CURB DETAILS (ENLARGED SDE PLAN (4 OF 4) II VOID REPAIR SECTIONS AND DETAILS ENLARGED SITE PLAN (2 OF 4) ENLARGED SITE PLAN (3 OF 4) EXISTING SECTIONS AND DETAILS (1 OF 2) EXISTING SECTIONS AND DETAILS (2 OF 2) DEMOLITION PLAN (2 OF 3) DEMOLTIION PLAN (3 OF 3) EXISTING SITE AND DEMOLITION PLAN (4 OF 4) DEMOLITION PLAN (1 OF 3) EXISTING SITE AND DEMOLITION PLAN (2 OF 4) EXISTING SITE AND DEMOLITION PLAN (3 OF 4) OVERALL SITE PLAN EXISTING SITE AND DEMOLITION PLAN (1 OF 4) XDGNI laaHS CU rri-11 0 0 JULY 2016 PJK ISSUED FOR BIDS REVISION NO. DATE BY DESCRIPTION 6 O L3# 1COLONd u/S c) 0 OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) COVER SHEET AND SHEET INDEX CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 '- i *• J� *+'/• I i ADAM D. HAGEL i 1 of i .�., 122314 •:- 'IS fly.TVo. Siciiii E ��+ f%lbw.: %A -.771,7116 'ON 133NS S1NV1lnsNOS G) 0 0 C:\pwworking\dal\d0747935\G002.dwg, GENERAL NOTES AND LEGEND, 6/29/2016 2:58:30 PM, pkey N ° 0p 02m E 0 = 00m ,oz zm OQ O �_ mf7)a FE P A5 og z AM :nsr T Z N r A 54m a rn O N a La 541 5 O m zc 2 Ao 0 io 2R mz 2 m0 m m 0 =_ 73 rn co mm fd1 N C 0 xl 2 O ONV NOI111O030 yZyAKmaz gggq 0000 m mroNO y C cAa mo 5NON 4oN m= mVO A mrna- oa r -I* ,AOA mm OK 59O0 =ym aAmNm 0 0 0 g. 0 mr, o m E>2m ME M C F� omr� Mw mIM- MAW M ptn n = 0 ppZZ m mm vm O c y 0 g m z S PLACE BASE MATERIAL AND COMPACT. STABIUZE SUBGRADE AND COMPACT. 5. PLACE CONTROLLED LOW STRENGTH MATERIAL (CLSM) BELOW SEAWALL TO THE HEIGHT SHOWN. W N r A DEMO SIDEWALK AND REMOVE EXISTING FILL MATERIAL. 3. SEAL ALL HOLES AND INTERLOCK GAPS IN CONCRETE SHEET PILES. z v mOrn 4 m 0 C m ZO N Pm c F z `gz Z w z d 0 0 0 C O o C4 z F O N o m M 0 = N O 0, N O v a O coco Z (n m m >1d0MHMV3/>1210M 0 a m 0 m v +� a co m N v m rn m y N 6 m 2 za 0 0 0 2 O E Eo mC C C Cz 0= x v O m m 3S NolionaLsNoo m z n m P V 0, N A W N, E3 E4 El E2 TABLE 1- MINIMUM SPLICE AND EMBEDMENT LENGTHS (INCHES) BAR SIZE NUMBER MINIMUM MINIMUM SPLICE EMBEDMENT LENGTH LENGTH 14 O, O, al 5 151 (b W IA N v HOT -MIX ASPHALT CONCRETE (HMAC:) PART D -SIDEWALK CONSTRUCTION Dl LIME TREATMENT OF SUBGRADE I SY I 3,500 3S NolionaLsNoo m z n m P V 0, N A W N, E3 E4 El E2 D8 INSTALL CURB I LF 95 PART E- MISC SITE WORKS D6 D7 EXTRACTION, SIEVE ANALYSIS LAB DENSITY & STABILITY HOT -MIX ASPHALT CONCRETE (HMAC:) PART D -SIDEWALK CONSTRUCTION Dl LIME TREATMENT OF SUBGRADE I SY I 3,500 CS C6 SIEVE ANALYSIS ATTERBURG LIMITS DESCRIPTION FLEXIBLE BASE. 08 I DEMO CURB & GUTTER I- LF 100 PART C -SEAWALL VOID FILLING K PER 500 TONS OR DAY CONTNUOUS AS HEEDED PART B- DEMOLTDON 81 CONSTRUCTION FENCE AND ACCESS POINTS lS 1 PER MATERIAL SOURCE PER 200 LF ITEM DESCRIPTION UNIT ESTIMATED QUANTITY PART A -GENERAL INSTALL TIMBER BOLLARD INSTALL TRASH RECEPTABLE ASSEMBLY FILL LOW AREAS SOUTH OF SIDEWALK, GRADE FLAT 179 CY) SOD INSTALL WHEEL STOP INSTALL CURB & GUTTER INSTALL HMAC INSTALL PRIME COAT INSTALL TXDOT TYPE A GRADE 1 INSTALL 6" CONCRETE SIDEWALK ALLOWANCE B- INSTALL ADDITIONAL CLSM FILL BELOW SEAWALL DIVERS FOR CLSM PLACEMENT ALLOWANCE A - REPAIR ADDITIONAL GAPS BETWEEN CONCRETE SHEETS INSTALL CLSM FILL BELOW SEAWALL UNDERWATER INSPECTION AND REPORT REPAIR GAPS BETWEEN CONCRETE SHEETS EDEMO HMAC PAVEMENT DEMO CURB DEMO RIP RAP DEMO TIMBER BOLLARD AND TRASH RECEPTACLE ASSEMBLY DEMO EXISTING FENCING AND HANDRAILS DEMO SIDEWALK AND PAVERS TEMPORARY FILTER FABRIC CURB INLET PROTECTION MOBILIZATION PREPARATION OF SW PPP n n G „ n i ,, r G G G „ G 4 G G r G n G G 29 95 008 06 1 30,330 )5 WWWfS J.111NVl0 031VWI1S3 ALL REINFORCING STEEL SHALL CONFORM TO THE EQUIREMENTS OF ASTM A615 GRADE 60, UNLESS OTHERWISE NOTED. a W N 1331S ONIDelOiNa PLANE GRID, TEXAS SOUTH ZONE, HAD' 83 IN U.S. FEET. RMED BY NAISMITH MARINE SERVICES, INC., UNDER TASK ORDER NO. 268164, DATED OCTOBER P V Ot zF Vo n g2 0 01 mo r Po 2 v2 v in K {D{E cooo N= _=0 020 S A 00 �O 0 MI, O r_J z ori z a 2 a z F i0 0 N 00 0 m -0c-, c m az,P O C m T O z am= rS 0 w m C z AO c 0 N m ni a gmgo a.9r a m 6 0 c 19 n O • z a HORIZONTAL AND VERTICAL CONTROLS a3LU1D ONV saw WOO88 Nf1103R W N rO t0 m v 9' N A IX � vF mo 0 0 o 0080 Or,;ri 30 z1' -z'" Ymo'o§m2 z mss o� yAi 15g5.— 'vino yeo ;moi A >ro C g N N u w<22 O A O m c�=i�o oyynrzN v=N4ao 8g d o _ N O y 2 D g A gQ ag 0 =0 c A m�mr RoY Nmm ng�m �oA�c zy �c y���m- Rmv Opz6 mr2o mo a a~x o mz� z v= q gqN O=n ri�N n 0 goo. mg5 ''" vgn2 on 0 nn$OF z 01' o p g 261 z � p um o f� O� ov gE Am o�omy c$ :21. !!!!! 4'^Nc=io ZzgmooSixcmvpAm zO� yyy F rNDO yC ymy aa 0yoyzo�z�mm o ax �iA OONm�t.,D Omzz,,m>Amy I �1 GviNrml lTpp�"00O �yZ aSOOpO'�o (yC� gi Z SO M N <kO Rmly y F =Ai r zoom m z 3zza xm r6e 03. .0Q00 c'2m F1 20 �r 0 A c � 35gmA wa 50 a�"o m aa2 Z ao. �� O� xm O yaJ£Q AONv� mi -nZo �ANg cg no2- ty]y mm a y O o A 0 O CS= gZm mo m 44 m o z Nm� <oz zmo Mm' n v MO o 0 = 0 eW- �m N� 0 � AgRM �pO a= z o £�i m0 m99 �v S2*S= ��A P2 __53. 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PER 50 CY PER DAY PER 50 CY PER DAY K PER 500 TONS OR DAY CONTNUOUS AS HEEDED PER 500 TONS OR DAY PER 500 TONS OR DAY PER MATERIAL SOURCE PER 200 LF PER 3000 CY PER MATERIAL SOURCE PER 3000 CY PER 3000 CY m EST. QUANTITY 31 S 311 -MHOS ONI1S31 11U 10313S ON THE DRAWINGS, PRIOR TO PREPARATION OF SHOP los O3ZT11f3V.S 3INl f *4 f mg m 0 0 0 0 O 411M p N x n �v CD zr*z0r'r�. `t' DFE TCgr O V)0 z m--,1 $,m509 z2203mo 0.08Mmvgg m zAO,Z AVA ONs 0 r'Nm ;:_d!:: m t 2 - ;-.00d: 'NO 12Om,0 0 p F = p _ . N m O gParo z 0 dim-0mm A00=r� C3_ ,730 -mm p Z x m m 3 3 _�A PIPo20 NuEz mrz8m F rg25g m 0 0m mrp HOT MIX ASPHALTIC CONCRETE (HMAC) PAVEMENT 0 Z 0 m a F W311 OW30 NOIIO3dSNI d31VM213ON11 SEE SPECIFICATIONS FOR ADDMONAL REQUIREMENTS. S QSj a co co cn A 0 0 Q 2 r- + u N r 00 in gM 09Fg 20gm 0 3 N N d 2 noiroz E gA p 8 AN NEWLY SODDED AREA FOR 30 -DAYS AFTER INSTALLATION. R 2 2 E A 2 o I g O F 13 ~ ; 0 x0 0 0 o Z o 0 CO 0 z 0 p 0 m c = _ = N D C yz 8tz. 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PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) EXISTING SITE AND DEMOLITION PLAN (2 OF 4) CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 * i ADAM D. HAGEL i i �.., 122314 .: 't;. ON`s .042--\--',r 11)144.... 7/'I i6 ON 1301-/S S,1Nb'17r1sN0 3ZIS-flVH 031N1Ild l 4 t MATCHLINE BB — SEE SHEET X003 FOR CONTINUATION ®D MATCHLINE CC — SEE SHEET X005 FOR CONTINUATION ti 0 REVISION NO JULY 2016 DATE PJK BY ISSUED FOR BIDS DESCRIPTION 6I70171.3# 1,93r0 1113 n 0 OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) EXISTING SITE AND DEMOLITION PLAN (3 OF 4) CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 * * i ADAM D. 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HAGEL i +ice'.. 122314 :: +i x crsT11.1'ssioi4- Ai: E .� F ON .I33NS s,1Nb'17n3N0 JULY 2016 PJK REVISION NO. DATE BY ISSUED FOR BIDS DESCRIPTION 6I70171.3# 1,9JPOLIG1 1113 n 0 ON oNIMVNO 08033e, co OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) DEMOLITION PLAN (1 OF 3) iehr CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 r ,•. O . r . % » 440- .s'i •. i ADAM D. HAGEL i +� .�;., 122314 .� - +ii°F "Pe c5).'.(5/'# r -- i°ithAk. NA% 'ON 1331-1S S,1NV1l0SNOS Qik 00+i L VIS dV3N O1130 VIS dV3N O1130 Ui O O 3ZIS-llVH 031NIIld O 0 0 m z C) m z co 0 0 o zr� NNO z z 2 N O m O r N SDN z O z AMN = D or N = Q`r OS+S V1S 21V3N OW3O d1S 8V3N 01130 0 + 0 >11VM30IS O0130 0 REVISION NO. JULY 2016 DATE PJK BY ISSUED FOR BIDS DESCRIPTION s$bo1713# 1D3robd ,113 OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) DEMOLITION PLAN (2 OF 3) iehr CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services Texas P.E. Firm Registration No. F-754 P:cv:.9..... q`t ... 4r .01 i*` ` . 1 i ADAM D. HAGEL i 1 i1 i.. 122314 11 � cfs_r3; ?.t~s IA ONV/km& AL f4G f 'ON 1331-1S s,1NV17nsNOO 0 0 S 3ZIS-llVH 031NIIld 0S+21 VIS dV3N 0113 00+1Z Vis 21V3N 01130 VIS 21V3N O1130 tri'+ V• 0 VIS 21V3N 01130 -D O 5 i m 0 c O 0- x vx D K D O 0 0 rn y Z OD O � A 0 0 1 Qm 2 Z 0 p1 0 O m1 A m T - N O 5 F m o C O O—I S 0 • m 0 0 0 0 REVISION NO. JULY 2016 DATE PJK BY ISSUED FOR BIDS DESCRIPTION 6$'O'13# 1o3robd A113 OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) DEMOLITION PLAN (3 OF 3) iehr CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 r ;+.. 4 r -. • rI i ADAM D. HAGEL 11, i.. 122314 .:. 4hJ 't:'1Y1 'ON 1331-1s s,1NV17nsNx 0 0 co 3ZIS-l1VH 031NIad AV Nip WA >,/ WA Wit* • 00 1. \ trol I ND • WW Ave P W N N 0 U1 00 0 -P?N + + + 00 0 co Co0� 31Id 8391NI1 DO vo 0 75 mm L 0 2 0 A + m N 0 x cFF c m i D D cn + 00 Q7 03 0 NQ1 cn Slid 8301,411 00 <o m cn 13 N NG _ „Z/l-1 :MO )I1VM30IS 313a0N00 FF rn 0 (I) m C) O Z WV) CA y D + + + 0 O W O 000 .p WN + + + N 0 (n 311d ?139WIl )I1VM301S 0 REVIDION NO_ JULY 2016 DATE PJK BY ISSUED FOR BIDS DESCRIPTION s$bo1713# 1o3robd Allo N1 OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) EXISTING SECTIONS AND DETAILS (1 OF 2) iet4 CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services Texas P.E. Firm Registration No. F-754 -4,•E •4 re911 * • 1F - `I ..+k�I •i ADAM D. HAGEL i it i.. 122314 .-: 11�cfsTrt,9:?���~s 401144k -f/en, 'ON 13305 s,1NV17nsNx 0 0 0 3ZIS-llVH 031N1Ild I 1Id130 OW30 3.-6" AT STA 2+15 10.-8" AT STA 2+64 (±11'-1" AT STA 4+01 SHOWN) b CO O 2 0 n ±6" ®D N0IIO3S 0W30 8df1O )IlYM34IS lVOIcIA1 X m 0 Z2. m� coo mp 0 REVISION NO. JULY 2016 DATE PJK BY ISSUED FOR BIDS DESCRIPTION s$bo1713# 1D3robd ,113 N OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) EXISTING SECTIONS AND DETAILS (2 OF 2) iet4 CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services Texas P.E. Firm Registration No. F-754 ...--'0!:-• E 1 re Itt "' 1. * i*• /`I '• *• I i ADAM D. HAGEL i 1 OP i.. 122314 . �,`ON1ST ♦L 4G 'ON 1331-1s s,1NV17nsNx 3ZIS-flVH 031N1l1d ®D N` 1d 31IS a39aY1N3 ■ ■ 1', • '.4 11174'‘411111%; --' diklinell;111411:05417:Abk‘ 147i1 ‘ ‘ %O.. 11;*44:110LIY4Fiki l‘trillk\ xZ1%l��•twt iO 0 0 6 IIII&I O+0 ommI- p0S m0Ar • 30N33 ONIlSIX3 • • zomD DcO-H r=C0 mlmm m 70 z(LI o" > 0 -n O H r -< zvI• M r n m 5 rZ0 P m Xpvj - O A A mr�r • Ofn - A 0 z Pnx rm • CD W O OS+ 0 Z.Z- 13 3NIiorw h X z 00 H P1 N 3d01S' SaIVd3a OI0A f f ,00 0 3dOl O f ff c U z A z m0 i N m X N D Z Fo 00+L dOSS 133HM 1J c10.15 '133 - 1J 0 0 V 0 0 9afl� ONIlSIX3 v h X z N 0O 00 H OS+L z z 8'Z- 13 3NIlOfW 00+Z g0 O0 CD OS+Z N + 06.z- 13 3Nnonvi 00+£ 0 CA + co 0 00+4 Z'£- 13 3Nnanvi 0 MATCHLINE AA - SEE SHEET C002 FOR CONTINUATION 05+4 0 REVISION NO. JULY 2016 PJK ISSUED FOR BIDS DATE BY DESCRIPTION 61701713# 1331'0 d 1,113 'ON ONIMVN0 ON000N w 0 N OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) ENLARGED SITE PLAN (1 OF 4) CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 "—��r\'4th ► -. • *: • ADAM D. NIAGEL i r'�.. 122314 ¢: G1STE• F"O.� • `it I,. �L 4�Gs� * *I 'ON DONS S,1NNl-7ASNOO 3ZIS-llVH 031NRld MATCHLINE M - SEE SHEET C001 FOR CONTINUATION O 0 + + co N 00+S 9 3 Og+S nanw 00+9 Og+9 13 OO+L ld 311S 430ZIV1N3 + ('4 Og+L p0+9 N mmmm= 7'm 5 5 o 7'O 0NOZZ n m-10 {n=zmA m NA_ • Z O J = Z N m 001z0 moz m N 0 r-> m r = A 0 Dmm 0 FC m O m 00 Z Cm 9'8 z0Z A 1 0> >0 O 0) 0 Z 0 0 m !9 =m1 r- Ngo DF D 3 Ar c 00= m 1 Np0 c.O 8 r O g+9 V .0 E E f E E NI * D t .O E E E o'1E EEE k f f E E E t E f f k t E E E E E 0 0 0 0 N z B) m 6 13 3,4°"N p0+6 o MATCHLINE BB - SEE SHEET C003 FOR CONTINUATION 00+0 zZ 0 REVISION NO. JULY 2016 DATE PJK BY ISSUED FOR BIDS DESCRIPTION s$bo1713# 1o3robd ,113 OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) ENLARGED SITE PLAN (2 OF 4) CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 It i E � � T'. * 1 i1 ADAM D. HAGEL i •i.. 122314 +1 .tcfSTEikC" .44:1 � *S ONi i \L 4G 'ON 13300 s,1NV17nsNo3 3ZIS-flVH 031N1Ild l ®10 Nbld 311S 43021Y1N3 101 ONIALIVd ONIISIX3 82ffO ONIISIX3 ONV1108 ?J381(1I1 ONIISIX3 NOIS ONIISIX3 MATCHLINE BB - SEE SHEET C002 FOR CONTINUATION W N 00M> F M< m H 00 IOM r*lr*1mrl on Dc0-1 nnmmn zm r=c0 DD -op �N W I mr o = z cI mm 00 0' �z cm (n no 25 Oq 248' Drm J;0›. ON O D-'6' (,),,,8zO O r0 m1 AA Oo Z 0 ZVIf Om -,HSA OD v I Z m m n mNG)0 p mNC mF 1rD8m FOZ V Mfr DFP Oz x0OD cm-14Hm mDT -1* mm p ZD OO1 rm11AO =,1=,E 0110 rD00C omen DA<p -m rC moo, .mH O y I mo rm m m F F O n mm V0Vm ,mD I • '+ 0f TYP <4 4 VOID REPAIRS 40.00• 0 0 W 05+0� 11+00 MUDLINE EL -2.6 11+50 12+00 MUDLINE EL -1.9 12+50 13+00 OM >c O SO 410 l/iv / . • A . .0 - 4a At, OSx So COM no Ao OF 0 • 00 0 14 X00 F m z z MATCHLINE CC - SEE SHEET C004 FOR CONTINUATION ti 0 REVISION NO JULY 2016 DATE PJK BY ISSUED FOR BIDS DESCRIPTION 6I70171.3# 103('02Id 1110 n N 641 OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) ENLARGED SITE PLAN (3 OF 4) CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 •. � Pc� 9. .• -.h' f 1 ,• 4,r s'1 i *•' ''''',4,*+'1• I i ADAM D. HAGEL i +� �.., 122314 +ii°F 'crsTlf‘ssicii- Ai: E N'� F ON 133HS S,1Nb'17r1sN0 C) 0 0 cam, ,OZ = „l 31VOS 3ZIS-llVH 031NRld NY1d 3115 03OdV1N3 m 03 03 W N V)V)A> AA<A-I 0(4) 2 orn mmrnmx or" D c O H A A A A m z m r -cO DD -m N MD m *L O O• r K z Cm _m O qcn 82 501 9q Z wpm mOCDi ZO �N n0:n (n NO=o O r 0 m N A_ 0 O :I zA z(n mO viZm oD 2 r>* g m060 0(0IZOm u) Do zr • z0 A >mZ NO x , 4Dmm 2 -1-1 m K A r Dm 0(Da r -AO z -OmF• NI�>cA O N A Cn O A= r A r Dm m0 z m A c m 2 N MATCHLINE CC - SEE SHEET C003 FOR CONTINUATION 1,F+L l VIS 16 -Aso J31NI ear* ONILSIX3 711) REpq RS lq EL 18+00 MUDELINE 18+50 18+00 EL 0.1 1,Z+ E 6.00" co co 0 A �s m m m m elA-D(22 2 Z()ZAr D • 2 0 C 0A nzm E0 DDS GZj 0 D Pi 0 T. m N M N Z A r o O m A c r0 XX G) 0 al C x m Z C7 00 3N'(1W C < m m x o2 co D o r0 y dM30\5 j0 0 REVISION NO. JULY 2016 DATE PJK BY ISSUED FOR BIDS DESCRIPTION s$bo1713# 1o3robd ,113 P N OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) ENLARGED SITE PLAN (4 OF 4) iet4 CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services Texas P.E. Firm Registration No. F-754 1,7 • 1 egp1 ✓4 i*: `I k�I i ADAM D. HAGEL i i.. 122314 ..:: Art44/1/4. 'ON 13305 s,1NV17nsNx i (.! N U) mm = D-1 r xl= O N m N m < > m m m A v l m 0 N A,- H s N Nm- Zzm gym, �p o0m A -Ir 0= z m H D o CO 00m 0 02 r--1 mA =ter rmN A N m C N m 2- -I 0m �?0 rC 1pm vN0 D A O N 0 ((f)0 Nmm 0? 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O �(0 (.11 t1D 0 3 O Z O O ®C r z OO O N m O O m _ N n N Z TExn Fz,o r°O=< H X co 0 A 0 F .. • • • • . . • . . . . . . A •'. CONCRETE SIDEWALK (6" THK) J #4 © 18 EA WAY 2% SLOPE (MAX) .- .111111. 0n On nz x 0 A o H m -I D rn 0 JULY 2016 PJK ISSUED FOR BIDS REVISION NO. DATE BY DESCRIPTION s$bobl3# lo1rovd Alio OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) TYPICAL SIDEWALK SECTIONS CITY of CORPUS CHRISTI TEXAS Department of Engineering Services 11111.1 1113P Texas P.E. Firm Registration No. F-754 .� PSE. 0F...rett t ADAM D. HAGEL , �.. 122314 I�F'SS• ��G� 4064K.�•Iit%i6 •*/I • LONAL N 133HS S,1NV17ASNOO C) 0 �D „0-,I = „Z/I -I 3lV3S ID 11d13a 8d1f10 3SZI3A38 1VOIdAl = „Z/L -1 :31V3S 6 BL 61 11V13a 8dl0 1YOIdAl a I - a 0 Vl e 1N31130aQdNI )11VM3OIS 31380N00 M3N 0 m Zs vm ON -D m om Z A 0 o r . O * D Z 0 N o O0 Nm m x y xcn v'z z m 00'D z O o ® O C M - 0 M o 0 X M X �v ZCI r 0_ID Z Oho N A z 1 1/2" N O A m 0 010 O Brim Dm cn 0 20 0 2 0 W N 0 m 3NVld 1V1NOZI IOH NJ A 3 0 0 6 S n 0 0 ju 4 1/2" 1N3{N3AVd OVINH 1VOO NOVI = „4/C "Nos N` 1d 030dV1N3 „0-,L = „Z/L-I 31035 NOI103S 8dl0 )IlVM3aIS 3'-6" AT STA 2+15 10'-8" AT STA 2+64 (±11'-1" AT STA 4+01 SHOWN) A O C m0 O m o m 0 � N 00 qZ C N Pl GJ m0 O m N C CCO c rn • • 4 xm n Z 0 30V80 ONIISIX3 HO1VIN 3 OVINH ONIISIX3 00 mx X Z C) Ndld a3OdV1N3 8" 2'-0" 1'-6" 8'-6" (r0--- 0 N c z 0 O eanO ONIISIX3 — ean3 ONILSIX3 01)M CCo mm* oom *KO r 0 mx-o M 0 xm O mm 0Z OVVH 03SOd08d. a 21‘1, DI 0 0 JULY 2016 PJK ISSUED FOR BIDS REVISION NO. DATE BY DESCRIPTION 61701713# 1o3roNd X110 S 0 N OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) ENLARGED PLANS AND CURB DETAILS CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services Texas P.E. Firm Registration No. F-754 ► `2.• ADAM D. 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JULY 2016 PJK ISSUED FOR BIDS DATE BY DESCRIPTION 6$'01713# 1O3C0dd )1ID ON SNIMV G 0210O3b N OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) MISCELLANEOUS DETAILS CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 *.+. / *• "-.* • % ADAM D. HAGEL i f, ONNL 4G 4Lij.,y 11W , 'ON 1331-/S S,1NV1lOSNOO 0 ... I0I• 8" 0 REVISION NO. JULY 2016 PJK ISSUED FOR BIDS DATE BY DESCRIPTION 6$'01713# 1O3C0dd )1ID ON SNIMV G 0210O3b N OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) MISCELLANEOUS DETAILS CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 *.+. / *• "-.* • % ADAM D. HAGEL i f, ONNL 4G 4Lij.,y 11W , 'ON 1331-/S S,1NV1lOSNOO 3ZIS-l1VH 031NIIld NAME OF RECEIVING WATERS: CORPUS CHRIST BAY SOD SI 213AOD 3511V1303A EXISTING CONDITION OF SOIL AND VEGETATIVE COVER IS VISIBLY ERODED. 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Hazardous Materials or Contamination Issues 0 REVISION NO. JULY 2016 DATE PJK BY ISSUED FOR BIDS DESCRIPTION s$bo1713# 1o3robd ,(113 0* <05 n N o N -p OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) STORMWATER ENVIRONMENTAL PERMITS ISSUED AND COMMENTS (EPIC) (2 OF 3) CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 * i ADAM D. HAGEL $ i.. 122314 11 � ois cSk.t s V, oNVAL f4G Vim& �;lilt(' 'ON 13305 s,1NV1 insNo3 C; 0 C:\pwworking\dal\d0747937\C012.dwg, STORMWATER POLLUTION PREVENTION - STANDARD DETAILS (3 OF 3), 6/29/2016 1:31:11 PM, pkey 3ZIS-d1VH a31NIUd 31VOS 01 ION CURB INLET PROTECTION DETAIL z a 0 i itad 4.411 >-1 i 411, .410 4 rI • sa m9 ZCmy= m''Ul� O OmD STI O< AK �OZ Of*t yDmm � Z y.Zt pzl�mD _D O�O�Z �1�DVI OOm DO nD .7,171—f, Z9 NUIZr �Om (/lO W O DO - fnZ yyODZ AO:r A O D ZD SOD u�i A mDtD/1 G)ZCZ \ O mr NO DDmO �j fAD*l m � Z Z U O O�rD� ~ O� `� {�00� �UImZ m N R4 n0 T mOnC 2�0� Z? A Z Z A c O 0 0 n "D�s =A c oAm 00 9 O JULY 2016 PJK ISSUED FOR BIDS REVISION NO. DATE BY DESCRIPTION 6fr0fr l3# 103P0bd A110 N OCEAN DR. PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) STORMWATER POLLUTION PREVENTION — STANDARD DETAILS (3 OF 3) CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Texas P.E. Firm Registration No. F-754 .• . ��4 ti •9s1 + .'* ..* f r ADAM D. HAGEL rif '.. 122314 i'9. • OniAL „� 44., - 7, -,jib 'ON 133HS S,INV17OSNOO C) N 00 9101 ADDENDUM NUMBER 1 Ocean Drive Park improvements - Swantner Park Project: (Bond 2012) Owner: City of Corpus Christi City Engineer: J.H. Edmonds, P.E. Project Number: E14049 Designer: HDR Engineering, Inc. Adam Hagel, P.E. Addendum No. 1 Specification Section: 00 9101 Issue Date: 08/5/2016 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approves by: Adam Hage!, P.E. 417 S Date Addendum Items: This addendum replaces the sections listed below in their entirety, addresses questions, and includes the pre-bid meeting sign -in sheet [Attachment 5). Item 1) Bidding Requirements • 00 0100 TABLE OF CONTENTS (Attachment 1) • 00 21 13 INVITATION TO BID AND INSTRUCTION TO BIDDERS (Attachment 2) • 00 45 16 STATEMENT OF EXPERIENCE • (Attachment 3) • 00 72 01 INSURANCE REQUIREMENTS (Attachment 4) Item 2) Clarifications NOR NOR Engineering, Inc. Texas P.E. Firm No. 754 ITEM 1— BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS Addendum No. 1 Ocean Drive Park Improvements Swantner Park (Bond 2012), E14049 009101-1 Rev 01 13 2016 A. SECTION 00 01 00 TABLE OF CONTENTS DELETE: TABLE OF CONTENTS in its entirety. ADD: TABLE OF CONTENTS in its entirety (Attachment 1). B. SECTION 00 21 13 INVITATION TO BIDDERS DELETE: SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ADD: SECTION 00 21 13 INVITATION TO BID AND INSTRUCTION TO BIDDERS in its entirety (Attachment 2). C. SECTION 00 45 16 STATEMENT OF EXPERIENCE: DELETE: SECTION 00 45 16 STATEMENT OF EXPERIENCE in its entirety. ADD: SECTION 00 45 16 STATEMENT OF EXPERIENCE in its entirety (Attachment 3). D. SECTION 00 72 01 INSURANCE REQUIREMENTS: DELETE: SECTION 00 72 01 INSURANCE REQUIREMENTS in its entirety. ADD: SECTION 00 72 01 INSURANCE REQUIREMENTS in its entirety (Attachment 4). ITEM 2 — CLARIFICATIONS 2.01 QUESTIONS A. Question: "The Invitation to Bidders (00 21 13) shows the pre-bid meeting is mandatory. Will the pre-bid meeting be mandatory?" Answer: "The pre-bid meeting is Non -Mandatory. Participation in the pre-bid meeting will not be required for bid submittal." B. Question: "When is the construction set to start? When is the construction set to end? Is this Actual or Estimated?" Answer: "We anticipate that the City Council will award the contract in September/October 2016. Construction commencement will depend on time taken by the contractor to provide insurance and bonding information at that time, usually two weeks." C. Question: "Is there any Union requirements?" Answer: "There are no union requirements." D. Question: "As a contractor, according to the documents "Per the General Requirements: Section 01-57-00 Temp Controls Section C are we supposed to provide an engineered SW3P Plan or are we allowed to use the one issued in the bid set pages 22-24" Answer: "The contractor is allowed to use the SW3P plan issued in the drawings." E. Question: "Is the dive inspection to be done before the project?" Addendum No. 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 009101-2 Rev 01-13-2016 Answer: "No, the dive inspection is part of the project and there is a pay item in the bid tab for the dive inspection." F. Question: "Is survey also required on land side during construction?" Answer: "Construction surveying is required to ensure positive drainage." G. Question: "Is the temporary fencing at the site to be salvaged?" Answer: "No" H. Question: "How will the divers identify gaps in the sheets where the mudline is flush with the seawall soffit?" Answer: "The mudline in front of the seawall will be able to stop the material from exiting into the bay. The divers will not be required to identify gaps in the concrete sheets if material is up to the soffit of the seawall." I. Question: "Will the schedule be modified if additional holes in the concrete sheet piles are discovered?" Answer: "No, there will not be a change in the schedule due to additional holes." J. Question: "Is the expectation to have divers during the first placement of the CLSM material?" Answer: "Yes, divers are required for the first placement (lower portion) of the CLSM fill to monitor and plug any holes that are allowing CLSM to migrate into the Bay. There is a line item in the bid tab for the divers." K. Question: "What is the expectation for the sidewalk demolition? How much sidewalk can be demolished at a time?" Answer: "The plans show the required section of the sidewalk. The schedule of demolition limits will be the responsibility of the contractor." L. Question: "Can the lime stabilized subgrade be replaced with select material?" Answer: "Bids should be based upon what is identified in the drawings and specifications." M. Question: "When placing CLSM, there is a large amount of pressure built up behind the seals that are placed between concrete sheets. Will the repairs hold under this pressure?" Answer: "The repairs are based upon the manufacturer's recommendations for the gap sizes identified in the drawings. The height of the material being placed above the seawall soffit in the first CLSM placement has been restricted to reduce the pressure exerted on the repairs. Additionally, pressure on the seals is reduced due a large portion of the CLSM being placed underwater." N. Question: "Are there any repairs being made to the seawall?" Answer: "There are not any repairs being made to the actual seawall structure." 0. Question: "When was the seawall built?" Answer: "Drawings are not available for the original seawall construction. However, HDR's understanding was that the seawall was constructed during the 1970's." Addendum No. 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 009101-3 Rev 01-13-2016 END OF ADDENDUM NO. 1 Addendum No. 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 009101-4 Rev 01-13-2016 00 0100 TABLE OF CONTENTS Table of Contents Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 1 1 OF 2 000100-1 Rev 06-22-2016 Division / Section Title Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev01-13-2016) 00 30 00 Bid Acknowledgment Form (Rev 01-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest (Rev 01-13-2016) 00 30 06 Non -Collusion Certification 00 45 16 Statement of Experience (Rev 06-22-2016) 00 52 23 Agreement (Rev 06-22-2016) 00 61 13 Performance Bond (Rev 01-13-2016) 00 61 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Rev 06-22-2016) 00 72 02 Wage Rate Requirements (Rev 06-12-2015) 00 72 03 Minority / MBE / DBE Participation Policy (Rev 01-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 01 11 00 Summary of Work (Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures (Rev 03-11-2015) 01 29 01 Measurement and Basis for Payment (Rev 01-13-2016) 01 31 00 Project Management and Coordination (Rev 01-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register (Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 35 00 Special Procedures Table of Contents Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 1 1 OF 2 000100-1 Rev 06-22-2016 Division / Section Title 01 40 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications Division 02 Sitework 021040 Site Grading 025210 Lime Stabilization 025404 Asphalts, Oils and Emulsions 025414 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement (Class A) 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025802 Temporary Traffic Controls During Construction 028040 Sodding Division 03 Concrete 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures Part T Technical Specifications Division 31 Earthwork 31 23 23 Cementitious Fill Materials Appendix Title 1 Geotechnical Report (October 2015) 2 Engineering Letter Report (June 2015) 3 Engineering Inspection Report (February 2012) END OF SECTION Table of Contents Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 1 2 OF 2 000100-2 Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1— DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2 — GENERAL NOTICE 2.01 The City of Corpus Christi, Texas (Owner) is requesting Bids for the construction of the following Project: Ocean Drive Park lmprovements-Swantner Park (Bond 2012) City Project no. E14049 The project consists of: A. Selective repairs to the 2,115 -foot long seawall concrete sheet pile bulkhead wall; Void - filling of the soil retained by the sheet pile wall with Controlled Low -Strength Material (CLSM); Demolition of sidewalks that run parallel to the seawall; Subgrade preparation, and installation of new reinforced concrete sidewalks, including curb and gutter; HMAC patches that will be impacted by sidewalk installation; Demolition and replacement of miscellaneous items, including wheel stops, garbage cans, and bollards; Placing and grading soil adjacent to sidewalk for sodding placement; Installation and maintenance of BMPs; including all appurtenances and associated work in accordance with the plans, specifications, and contract documents. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $1,079,200.00. The Project is to be substantially complete and ready for operation within 120 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3 — DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than August 17, 2016 (Wednesday) at 2:00pm to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. Invitation to Bid and Instructions to Bidders Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 2 1 OF 9 002113-1 Rev 01-13-2016 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid - Ocean Drive Park Improvements-Swantner Park (Bond 2012), Project No. E14049 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at August 17, 2016 (Wednesday) at 2:00pm, at the following location: City Hall Building — City of Corpus Christi First Floor City Council Staff Room or Council Chambers 1201 Leopard Street Corpus Christi, Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4 — PRE-BID CONFERENCE 4.01 A non -mandatory pre-bid conference for the Project will be held on August 2, 2016 (Tuesday) at 10:00am at the following location: City Hall Building — Engineering Services Conference Room 1 or 2 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi, Texas 78401 Bids will not be accepted from Bidders who do not attend the conference. It is the Bidders' responsibility to sign in at the pre-bid conference to verify their participation. Invitation to Bid and Instructions to Bidders Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 2 2 OF 9 002113-2 Rev 01-13-2016 ARTICLE 5 — COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6 — EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7 — INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. Invitation to Bid and Instructions to Bidders Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 2 3 OF 9 002113-3 Rev 01-13-2016 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8 — BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 3. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Invitation to Bid and Instructions to Bidders Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 2 4 OF 9 002113-4 Rev 01-13-2016 Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9 — PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10 — CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of "confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. Invitation to Bid and Instructions to Bidders Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 2 5 OF 9 002113-5 Rev 01-13-2016 ARTICLE 11— MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12 — BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13 — STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14 — EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15 — AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non -conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest Invitation to Bid and Instructions to Bidders Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 2 6 OF 9 002113-6 Rev 01-13-2016 in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16 — MINORITY / MBE / DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority / MBE / DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY / MBE / DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17 — BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18 — SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19 — SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20 — WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in Invitation to Bid and Instructions to Bidders Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 2 7 OF 9 002113-7 Rev 01-13-2016 SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21— BIDDER's CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process, the City may, in its discretion, reject the Bid. ARTICLE 22 — CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23 — CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24 - REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 7. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre -Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. Invitation to Bid and Instructions to Bidders Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 2 8 OF 9 002113-8 Rev 01-13-2016 B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City -accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post -Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of (i) all remaining work or incomplete work items under any existing city or non -city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City -awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 2 9 OF 9 002113-9 Rev 01-13-2016 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 1— REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2 — EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Statement of Experience 00 45 16 - 1 ADDENDUM NO. 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ATTACHMENT NO. 3 Rev 06-22-2016 1 OF 13 Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience, education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non -responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3 — SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code, the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information, the following terms shall have the following meanings: 1. "Bidder" includes the firm, corporation, partnership, or other legal entity represented by the Bidder or anyone acting for such firm, corporation, partnership, or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations, fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders, final orders, and judicial final judgments. Notice of Violations and Notice of Enforcement received from the TCEQ shall include those classified as major violations and Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 2 OF 13 004516-2 Rev 06-22-2016 moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code, Chapter 60.2 (c) (1) and (2). 3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmental Quality (the "TCEQ"), the United States Environmental Protection Agency (the "EPA"), the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Texas Department of State Health Services, the Texas Parks and Wildlife Department, the Structural Pest Control Service, agencies of local governments responsible for enforcing environmental protection laws or regulations, and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder, the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder for serious violations of Occupational Safety and Health Administration ("OSHA") regulations within the past five (5) years. 2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation or for which final orders have been entered from an environmental protection agency for violations within the past five (5) years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death, within the past ten (10) years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder. The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4 — PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE, AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE -PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE 5. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS.STATEMENT OF EXPERIENCE REQUIREMENTS 4.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used, and must be folded to the size of an 8-1/2 x 11 page. 4.02 Provide a digital copy of the Statement of Experience in Portable Document Format (PDF) on a CD, portable drive, or other digital recording device. This digital copy is to include all information required to evaluate the Bid and should match the content of the printed copy of the Bid. When creating the digital copy: A. Create PDF documents from native format files. B. Rotate pages so that the top of the document appears at the top of the file when opened in PDF viewing software. C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 3 OF 13 004516-3 Rev 06-22-2016 Table 1— Organization Information Organization doing business as: Business Address of Principal Office Telephone No. Website Form of Business (check one) ■ Corporation ■ Partnership ■ Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: ■ General ■ Limited If an Individual Name Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 4 OF 13 004516-4 Rev 06-22-2016 Table 1— Organization Information Organization doing business as: Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 5 OF 13 004516-5 Rev 06-22-2016 Table 2 — Project Information Organization doing business as: Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Superintendent Safety Manager Quality Control Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Work Estimated Percentage of Contract Price Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 6 OF 13 004516-6 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 7 OF 13 004516-7 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 8 OF 13 004516-8 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 9 OF 13 004516-9 Rev 06-22-2016 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder. The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? ❑ Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? ❑ Yes ❑ No 3 Does the Bidder have an active construction safety training program? ❑ Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No ❑ N/A B. Excavation ❑ Yes ❑ No ❑ N/A C. Cranes & Hoists ❑ Yes ❑ No ❑ N/A D. Electrical ❑ Yes ❑ No ❑ N/A Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 10 OF 13 00 45 16 - 10 Rev 06-22-2016 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: E. Fall Protection ❑ Yes ❑ No ❑ N/A F. Confined Spaces ❑ Yes ❑ No ❑ N/A G. Material Handling ❑ Yes ❑ No ❑ N/A H. Demolition ❑ Yes ❑ No ❑ N/A I. Steel Erection ❑ Yes ❑ No ❑ N/A J. Underground Construction ❑ Yes ❑ No ❑ N/A 5 Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System ("NAICS") Category 23 for each of the past five (5) years? Provide the Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. ❑ Yes ❑ No 6 Does the Bidder have an experience modifier rate of 1.0 or less? Provide the Bidder's NCCI workers' compensation experience rating sheets for the past five (5) years in a separate attachment. ❑ Yes ❑ No 7 Has the Bidder had any OSHA inspections within the past six (6) months? Provide documentation showing the nature of the inspection, the findings, and the magnitude of the issues in a separate attachment if yes. ❑ Yes ❑ No Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 11 OF 13 00 45 16-11 Rev 06-22-2016 Table 5 — Demonstrated Minority, MBE, DBE Participation Organization doing business as Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 12 OF 13 00 45 16 - 12 Rev 06-22-2016 ARTICLE 5 — CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: By: Name: Title: (typed or printed) (individual's signature) (typed or printed) Designated Representative: Name: Title: Address: (typed or printed) Telephone No.: Email: END OF SECTION Statement of Experience Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 3 13 OF 13 00 45 16 - 13 Rev 06-22-2016 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1— INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises — Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate Business Automobile Liability - Owned, Non Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability Required if Contract Price > $5,000,000 $1,000,000 Per Occurrence Contractor's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation > 3 ft $1,000,000 Per Claim • Required © Not Required Builder's Risk (All Perils including Collapse) Required for vertical structures and bridges Equal to Full Replacement Cost of Structure and Contents • Required II Not Required Installation Floater Required if installing city -owned equipment Equal to Contract Price • Required i3 Not Required Insurance Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 4 1 OF 10 007201-1 Rev 06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A -VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 4 2 OF 10 007201-2 Rev 06-22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 4 3 OF 10 007201-3 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first -dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third -party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The Insurance Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 4 4 OF 10 007201-4 Rev 06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 4 5 OF 10 007201-5 Rev 06-22-2016 endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner -furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 4 6 OF 10 007201-6 Rev 06-22-2016 property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2 — EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of "Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 4 7 OF 10 007201-7 Rev 06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi — Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3 — TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 4 8 OF 10 007201-8 Rev 06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; Insurance Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 4 9 OF 10 007201-9 Rev 06-22-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 ADDENDUM NO. 1 ATTACHMENT NO. 4 10 OF 10 00 72 01-10 Rev 06-22-2016 CITY OF CORPUS CHRISTI - ENGINEERING SERVICES PRE-BID CONFERENCE SIGN-IN SHEET OCEAN DRIVE PARK IMPROVEMENTS SWANTER PARK (BOND 2012) PROJECT NO. E14049 Location: City Hall - 3rd Floor - Engineering Date/Time: Tuesday - 8/2/16 - 10:00 a.m. NAME TITLE COMPANY PHONE E-MAIL /4.l, c_. / (4 e..--.7i2 ( /1vl.4",( (. 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Page 1 of 1 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1— BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by DMB Construction (type or print name of company) on: August 17, 2016 at 2:00pm for Ocean Drive Park Improvements — Swantner Park (Bond 2012), Project No. E14049. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid - Ocean Drive Park Improvements — Swantner Park (Bond 2012), Project No. E14049 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2 — BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt 08/05/2016 ��- Bid Acknowledgement Form 00 30 00 - 1 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11— BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: DMB Construction By: Name: (typed or printed full legal name of Bidder) (individual's signature) Dominic M. Bracco Title: Sole Member Attest: (typed or printed) (typed or printed) State of Residency: Federal Tax Id. No. Address for giving notices: Phone: (361) 883-1805 (individual's signature) Texas 74-2990332 P.O. Box 71118 Corpus Christi, TX 78467 Email: mbracco@dmbconst.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 00 30 00 - 5 Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ® Bidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: By: Name: Title: Business address: Phone: DMB Construction (typed or printed) (signature -- attach evidence of authority to sign) Dominic M. Bracco (typed or printed) Sole Member 4722 Neptune St., Corpus Christi, TX 78405 (361) 883-1805 Email: mbracco@dmbconst.com END OF SECTION Compliance to State Law on Nonresident Bidders Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 003002-1 11-25-2013 00 30 06 NON -COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 CONTRACT: Ocean Drive Park Improvements-Swantner Park (Bond 2012) Project No. E14049 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: By: Name: Title: DMB Construction (typed or printed) (signature -- attach evidence of authority to sign) Dominic M. Bracco (typed or printed) Sole Member Business address: 4722 Neptune St., Phone: Corpus Christi, TX 78405 (361) 883-1805 Email: mbracco@dmbconst.com END OF SECTION Non -Collusion Certification Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 003006-1 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest wY City of Corpus Chnsti SUPPLIER NUMBER TO BE ASSIGNED BY CI IY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: DMB Construction P. O. BOX: 71118 STREET ADDRESS: 4722 Neptune S. FIRM IS: 1. Corporation 4. Association e CITY: Corpus Christi ZIP: 78405 - 2. Partnership 5. Other e 3. Sole Owner ® L.L.C. DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) None 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name None Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Nnne City of Corpus Christi Disclosure of Interest 00 30 05 - 1 Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Signature of Certify' Person: Dominic M. Bracco (Type or Print) Title: Sole Member DEFINITIONS Date: 08/17/2016 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi Disclosure of Interest 003005-2 Rev 01-13-2016 00 30 01 BID FORM Project Name: Ocean Drive Park Improvements-Swantner Park (Bond 2012) Project Number: E14049 Owner: City of Corpus Christi Bidder: DMB Construction OAR: TBD Designer: HDR Engineering, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid PART A - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 28,p77,a Zy4a17,4a A2 Preparation of SWPPP LS 1 415o ..co 45o,Cc A3 Temporary Filter Fabric LF 60 fj, Grj 4$3 ,CPQ A4 Curb Inlet Protection EA 1 20,0o '7,(q, GG SUBTOTAL PART A - GENERAL (Items Al thru A4) 50,14 , G C PART B - DEMOLITION (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Construction Fence and Access Points LS 1 12-1Z+45.Ce x;2145, B2 Demo Existing Fencing and Handrails LS 1 112.2G. CO 211.1®,©o B3 Demo Sidewalk and Pavers SF 30,330 1, (a0 4E528 ,Lu B4 Demo Rip Rap LS 1 4,1005,00 4. 5.00 B5 Demo Timber Bollard and Trash Receptacle Assembly LS 1 Z.L1,C0 4/22. Oa B6 DemoHMACPavement SF 675 2,7o j,$4,2,5 -G B7 Demo Curb LF 400 S, 54 2, 290, 00 B8 Demo Curb & Gutter LF 100 8,5j(:) 850,ao SUBTOTAL PART B - DEMOLITION (Items 131 thru B8) '72, 0Z, 5, PART C - SEAWALL VOID FILLING (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) PART Cl Underwater Inspection and Report LS 1 5,(4ac46 5,41,*„t,.ca C2 Repair Gaps between Concrete Sheets LF 90 531..6/ 48, 57c, 3c, C3 ALLOWANCE A - Repair Additional Gaps between Concrete Sheets LS 1 $ 99,000.00 $ 99,000.00 C4 Install CLSM fill below seawall CY 800 1Y51,.5 ( 121�A,-t.4i C5 ALLOWANCE B- Install additional CLSM fill below seawall LS 1 $ 60,000.00 $ 60,000.00 C6 Divers for CLSM placement LS 1 (4, ecc,cc (er,QCC.C( SUBTOTAL PART C - SEAWALL VOID REPAIR (Items Cl thru C6) 3L f 3%g2!3` -3443.37g..3,- PART D - SIDEWALK CONSTRUCTION (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT DS Lime treatment of subgrade SY 3,500 22, c%�' eC. 325,QC D2 Install TXDOT Type A Grade 1 CY 7 'P.M r �('18A7 D3 Install 6" concrete sidewalk SF 30,330 g .11 2-4-‘617L, D4 Install HMAC SF 675 5.46 311085,5 D5 Install Prime Coat GAL 12 25,17 302,0*. D6 Install Wheel Stop EA 29 -73.q 0 l,(43, 0 D7 Install Curb & Gutter LF 95 (,r -' -7 5. i✓S7, (S D8 Install Curb LF 95 bS, 1] 8 82,4.0 6,382.60 SUBTOTAL PART D - SIDEWALK CONSTRUCTION (Dl THRU D8) 5.(50.06, Form Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Page 1 of 2 Rev 01-13-2016 07* 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT PART E - MISC SITE WORKS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) El Fill Low areas South of Sidewalk, Grade Flat (79 CY) LS 1 U), j70, go 10070.0c E2 Sod SY 6,010 5, (,1 33,1((0.1 c E3 Install Timber Bollard EA 2 3 1. Gv 6,Z?, ;e,t) E4 Install Trash Receptable Assembly EA 1 (, 04'2, 00 i, G4 Z. Gt SUBTOTAL PART E - MISC SITE WORKS (Items El thru E4) 4 5,55(D ,I,'; BID SUMMARY SUBTOTAL PART A - GENERAL (Items Al thru A4) 120 -4.01 2.2`/ , 99 SUBTOTAL PART B - DEMOLITION (Items B1 thru B8) 150 7Z7 612,50 SUBTOTAL PART C - SEAWALL VOID FILLING (Items Cl thru C6) 3` .e• 3783 '50 SUBTOTAL PART D - SIDEWALK CONSTRUCTION (Items D1 thru D8) 34 5, i 5 ,(46 SUBTOTAL PART E - MISC SITE WORKS (Items El thru E4) 45, S 56 , 1 f) TOTAL PROJECT BASE BID (PARTS A THRU E) I 842, Ctrl,, . 5(;, Contract Times Bidder agrees to reach Substantial Completion in 120 days Bidder agrees to reach Final Completion in 150 days Bid Form Ocean Drive Park Improvements-Swantner Park (Bond 2012), E14049 Page 2 of 2 Rev 01-13-2016 BID BOND KNOW ALL MEN BY THESE PRESENTS: INSURS P8C 877 282 1625 Bonds 800 933 7444 Bond No. CNB -22561-00 I M DI MNI TY C iMPANIII 225 South Fifth Street PO Box 2683 Waco, Texas 76702-2683 THAT we, DMB Construction, LLC , as Principal, hereinafter called the Principal, and INSURORS INDEMNITY COMPANY, Waco, Texas, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Corpus Christi , as Obligee, hereinafter called the Obligee, in the amount of 5 % of the amount of this bid not to exceed 5% of the Greatest Amount Bid Dollars ($ 5% of G.A.B ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Ocean Drive Park Improvements - Swantner Park,Project No. E14049 NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, SEALED AND DATED this 17th day of August , 2016 Principal: DMB Construction, LLC (Seal) By: (title) Surety: INSURORS INDEMNITY COMPANY /�. (Seal) _ By: - Tim Kirk, Attorney -in -Fact insurorsindemnityr.coni 1NSUP*RS !y ^J 1,44*e11Y IJMIAtiIm! P&C 877 282 1625225 South Fifth Street PO Roods 800 933 7444 Btlx 26$3 Waco, Texas 76762.2683 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll-free telephone number for information or to make a complaint at: 1-800-933-7444 You may also write to Insurors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. insurorsindemnity.corn I NSURRS r,I +NI TY CO'AINAtd114 POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB -22561-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make. constitute and appoint Tim Kirk of the City of Cypress, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. Attest l if'L-/71 Gam---) Tammy Tieper n, ecreta INSURORS INDEMNITY COMPANY By: L_�.~u�_E._ I�11�_. Dave E. Talbert, President State of Texas County of McLennan On the 111h day of November, 2014, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert edged that they executed the above Power of Attorney in their Insurors Indemnity Company, and ackn.w: d.e. . i. P. -r .f and Tammy Tieperman, who being by me duly sworn, ackno capacities as President and Corporate Secretary, respectively, Attorney to be the voluntary act and deed of the Company SHERRI WHITEHOUSE ;'jac,e ( -► �� Notary Public Notary Public, State of Texas ( ''.s yC� � May2 TEXAS» Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on November 11, 2014: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11, 2014, and that this Resolution is in full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 17th day of August 2016 L, 21�L1T� lif �_ --Tammy Tiepe an,— ecretaiy NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. O. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMATION@INSURORSINUEMNITY COM. 00 52 23 AGREEMENT This Agreement, for the Contract Renewal approved on September 20, 2016 , is between the City of Corpus Christi (Owner) and DMB Construction (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Ocean Drive Park Improvements - Swantner Park (Bond 2012) Project No. E14049 ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR 555 N. Carancahua St., Suite 1600 Corpus Christi, Texas 78401 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk, P.E. - Acting Construction Engineer City of Corpus Christi - Engineering Services 4917 Holly Road #5 Corpus Christi TX 78411 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. Agreement 00 52 23 - 1 Ocean Drive Park Improvements -Swantner Park (Bond 2012) E14049 Rev 06-22-2016 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 300.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $ 300.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $842,006.56 ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 00 52 23 - 2 Ocean Drive Park Improvements -Swantner Park (Bond 2012) E14049 Rev 06-22-2016 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95% percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 00 52 23 - 3 Ocean Drive Park Improvements -Swantner Park (Bond 2012) E14049 Rev 06-22-2016 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 00 52 23 - 4 Rev 06-22-2016 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS 2. Drawings listed in the Sheet Index 3. Addenda 4. Exhibits to this Agreement: a. Contractor's Bid Form b. n/a 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR — Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 00 52 23 - 5 Ocean Drive Park Improvements -Swantner Park (Bond 2012) E14049 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI iI I C"C_ • / t Kc Digitally signed by Rebecca Huerta DN: cn=Rebecca Huerta, o, ou, email=rebeccah@cctexas.com, c=US Date: 2016.10.10 12:38:33 -0500' Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: 2016.10.01 09:15:45 -05'00' Janet L. Kellogg Assistant City Attorney Digitally signed by Jeff Edmonds DN: cn=Jeff Edmonds, o, ou=Engineering, email=jeffreye@cctexas.com, c=US Date: 2016.10.03 09:44:32 -0500' J.H. Edmonds, P.E. Director of Engineering Services M2016-107 AUTHORIZED BY COUNCIL 9/20/16 RH/ML ATTEST (IF CORPORATION) CONTRACTOR Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer DMB Construction Digitally signed by RH/ML Date: 2016.10.05 14:47:02 -0500' By: Digitally signed by Dominic M. Bracco DN: cn=Dominic M. Bracco, o=D.M.B. Dominic M. Bracco Construction LLC., ou, email=mbracco@dmbconst.com, c=US Date: 2016.09.21 15:12:55 -0500' Title: Sole Member P.O. Box 71118 Address Corpus Christi Texas 78467 City State Zip 361/883-1805 361/884-1068 Phone Fax mbracco@dmbconst.com EMail END OF SECTION Agreement 00 52 23 - 6 Ocean Drive Park Improvements -Swantner Park (Bond 2012) E14049 Rev 06-22-2016 CERTIFICATE HOLDER CANCELLATION City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4,w 9 / 0 ACORO® CERTIFICATE OF LIABILITY INSURANCE �....----- DATE(MM/DDIYYYY) 09/19/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Integrity Insurance Solutions 2050 North Loop West Suite #110 Houston TX 77018 CONTACT NAME: Jacquelyn Kingsbury (713) 682-8610 PHONE FAX (A(C.No.Extl: (713) 682-8600 I (AIC,No): ADDR kin sbu into rit ins .nom ADDRESS: j 4 4 Y- INSURER(S) AFFORDING COVERAGE NAIC S INSURERA:Landmark American Insurance. Co. 33138 _ INSURED (361) 883-1605 DMB Construction P. 0. Box 71118 Corpus Christi TX 78405 INSURERS: Republic Underwriters Ins. Co. 24538 INSURERC:Everest National Insurance Co. 10120 INSURER D : $ 2,000,000 INSURERE: S INSURER F : COVERAGES CERTIFICATE NUMBER: Cert ID 2316 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR,ADOL SUBRI POLICY EFF POLICY EXP I LIMITS LTR TYPE OF INSURANCE NSRWVD POLICY NUMBER IMMIDOIYYYY) (MMIODIYYW) GENERAL LIABILITY.7EACH A X I COMMERCIALGENERAL LIABILITY Y Y LHA138578 12/05/2015 12/05/2016 z.. 1 OCCURRENCE $ 1,000,000 PREM SESO(EaEoccurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ Excluded XI Contractual Liab PERSONAL&ADV INJURY S L,000,000 GENERALAGGREGATE 2,000,000 GENIAGGREGATELIMITAPPLIESPER: POLICY X PRO JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 S AUTOMOBILE LIABILITY / B _ ANY AUTO Y Y BAP 5648636 09 112/05/2015112/05/2016 ALL OWNED R SCHEDULED I r AUTOS _ AUTOS NON -OWNED X HIRED AUTOS X i AUTOS Incl Trlrs X COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) 8,7 BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S $ C X UMBRELLALIAB X i OCCUR Y Y CF4EX00402-151 12/05/2015 12/05/2016 I EACHOCCURRENCE $ 4,000,000 EXCESSLMB CLAIMS -MADE AGGREGATE S 4,000,000 DED I I RETENTIONS I $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT S ANY PROPRIETOR/PARTNER/EXECUTIVE I I OFFICER/MEMBER EXCLUDED? N I A E.L. DISEASE- EA EMPLOYEE $ (Mandatory in NH) If yes, describe under I DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS !LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Blanket Additional Insured and Blanket Waiver of Subrogation applies with respect to the Business Auto and General Liability Policies. (General Liability -- Additional Insured--Blanket--Your Work -- Ongoing Operations & Completed Operations -- Form # RSG 15017 0615) Primary and Non -Contributory together with Blanket Per Project General Aggregate applies with respect to the General Liability Policy. The Umbrella Policy is Follow Form. 30 -Days Notice of Cancellation Applies, Except 10 -Days Notice Due to Non -Payment of Premium **All as Required by Written Contract** (Workers' Compensation Coverage is placed through another agent.) Project Name -- Ocean Drive Park Improvements - Swanter Park (Bond 2012) - Project No. E14049 Blanket Additional Insured and Blanket Waiver of Subrogation Endorsements apply in favor of the Owner's ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 of 2 DESCRIPTION OF OPERATIONS SECTION CONTINUED DATE 09/19/2016 CERTIFICATE HOLDER: City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 INSURED: DMB Construction Corpus Christi TX 78405 DESCRIPTION OF OPERATIONS CONTINUED: Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by the Auto Liability, General Liability and Umbrella Liability Policies -- All as Required by Written Contract. DOC (10/2003) Page 2 of 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 9/19/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hild & Hild, LLC 70 N.E. Loop 410, Suite 180 San Antonio TX 78216 INSURED 67 Employee Risk Management Co Inc dba All Temps Personnel Services AT Staffing LLC 4639 Corona, Suite 100 Corpus Christi TX 78411 COVERAGES NAME: Jackie Will PHONE/cC. IIANo. Ext):210-366-0888 n RE D DssJwill hildandhild.com FAX No):210-366-0244 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Texas Mutual Insurance Company INSURER B : 22945 INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: 652829184 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS 1201 Leopard St GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED PREMISES (Ea occurrence) S MED EXP (Any one person) S CLAIMS -MADE OCCUR PERSONAL & ADV INJURY S GENERAL AGGREGATE S PRODUCTS • COMP/OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY1-7 P97 LOC S AUTOMOBILE _ N LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE (per accident) S S UMBRELLA LIAB EXCESS LIAB OCCUREACH CLAIMS -MADE OCCURRENCE S AGGREGATE S S DED RETENTIONS A WORKERS COMPENSATION TSF0001144091 1/31/2016 1/31/2017 X WC STATU- OTH- TORY LIMITS ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y� 1 / E.L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N A E.L. DISEASE - EA EMPLOYEE 51,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POUCY LIMIT 51.000.000 DESCRIPTION OF OPERATIONS) LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Ocean Drive Park Improvements - Swantner Park (Bond 2012) Project No. E14049 Coverage is provided to employees leased to DMB Construction or Subcontracted through Employee Risk Management Co Inc. Workers Compensation includes waiver of subrogation. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1201 Leopard St ACCORDANCE WITH THE POLICY PROVISIONS. Corpus Christi TX 78401 AUTHORIZED REPRESENTATIVE /��///j ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: LHA138578 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to 4. 5. us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET - YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a written permit, to provide insurance such as is afforded by this policy. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and/or "your work" defined for the additional insured(s) designated above included in the "products -completed operations hazard". This endorsement effective 12/5/2015 forms part of Policy Number LHA138578 issued to DMB CONSTRUCTION by Landmark American Insurance Company RSG 15017 0615 Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to SECTION IV — CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product" or "your work" done under a written contract with that person or organization and included in the "product -completed operations hazard". This waiver applies only to the person or organization shown in the SCHEDULE above. This endorsement effective 12/5/2015 forms part of Policy Number LHA138578 issued to D M B Construction by Landmark American Insurance Company RSG 14048 1008 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission. POLICY NUMBER: BAP 5648636 09 INTERLINE IL R026 01 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION PROVISION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART CONDOMINIUM DIRECTORS AND OFFICERS LIABILITY CRIME AND FIDELITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 12/05/2015 Named Insured: DNB CONSTRUCTION Countersigned By: (Authorized Representative) SCHEDULE Number of Days' Notice: (a) Non-payment of premium: 10 days (b) Any reason other than non-payment of premium: 30 days Name Of Person Or Organization:Person (s) or organization (s) , who by written contract, written agreement or written permit requires notice of cancellation. Address: If this policy is canceled by us, we will mail notice of cancellation to the person or organization named in the Sche- dule. We will give the number of day's notice indicated in the Schedule. IL R026 01 12 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. COMMERCIAL AUTO CA R053 04 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REPUBLIC PLUS+ COMMERCIAL AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. A. Changes In Covered Autos Liability Coverage 1. Additional Insured The following is added to paragraph A.1. Who Is An Insured Provision: Any person(s) or organization(s) you are re- quired by written agreement or written contract or permit to include as an additional insured, but only with respect to their legal liability for acts or omissions of any person(s) or organiza- tion(s) for whom Liability Coverage is afforded under this policy except: (1) To "bodily injury", "property damage" or "covered pollution cost or expense" aris- ing out of the sole negligence of the person(s) or organization(s) included as an additional insured; (2) To "bodily injury" or "property damage" not caused, in whole or in part, by you or by those acting on your behalf; To any railroad whether by agreement, contract or permit. 2. Broad Form Named Insured (3) The following is added to paragraph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage under this provision is afforded on- ly until the earliest of the following: (1) 180 days following acquisition or for- mation of the business entity; (2) You report the new entity to us; CA R053 04 15 (3) End of the policy period. This clause, known as the Broad Form Named Insured clause, does not apply to any person or organization for which coverage is excluded by endorsement. This Broad Form Named Insured clause does not apply to any "accident" which occurred be- fore you acquired or formed the new entity. This policy is excess over any other collectible insurance which provides coverage for any newly acquired or formed entity. 3. Employees As Insureds The following is added to paragraph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal af- fairs. This coverage is excess to any other col- lectible insurance coverage. 4. Employee Hired Autos The following is added to paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. 5. Bail Bonds And Loss Of Earnings The following sections of paragraph A.2.a. Supplementary Payments are revised as fol- lows: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" Includes Copyrighted Material of Insurance Services Offices, Page 1 of 5 Inc., with its permission. we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $350 a day be- cause of time off from work. B. Changes In Physical Damage Coverage 1. Towing Paragraph A.2. Towing is replaced by the fol- lowing: 2. Towing Unless otherwise excluded or not covered we will pay up to $100 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 2. Transportation Expenses Paragraph A.4.a. Coverage Extensions is re- placed by the following: a. Transportation Expenses We will pay up to $50 per day to a maxi- mum of $1,500 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for its "loss". 3. Loss Of Use Expenses Paragraph A.4.b. Coverage Extensions is re- placed by the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declarations indicates that Com- prehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicates that Speci- fied Causes Of Loss Coverage is provided for any covered "auto"; or Collision only if the Declarations (3) Page 2 of 5 indicates that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $65 per day, for a maximum of $1,950. 4. Auto Loan/Lease Gap Coverage The following are added to paragraph A.4. Coverage Extensions: Auto Loan/Lease Gap Coverage In the event of a total "loss" to a covered private passenger "auto" to which physical damage coverage applies, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: (1) The amount paid under the Physical Damage Coverage Section of the policy; and, (2) Any: (a) Overdue lease/loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; Security deposits not returned by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and Carry-over balances from previ- ous loans or leases. (c) (e) Hired Auto Physical Damage Coverage (1) If this policy covers Comprehensive, Specified Causes of Loss or Colli- sion Coverage for any "auto" you own, coverage is extended to in- clude the same Physical Damage Coverages, including the largest de- ductible(s), to include any "auto" you hire or borrow. This extension does not apply to "autos" you hire or bor- row with a driver. (2) The most we will pay for "loss" in any one "accident" is the lesser of: (a) The actual cash value of the damaged or stolen property as of the time of the "loss", or (b) The cost of repairing or replacing the damaged or stolen "auto" with other property of like kind and quality. Includes Copyrighted Material of Insurance Services Offices, CA R053 0415 Inc., with its permission. (3) (c) $50,000. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (4) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. The following are deemed to be covered "autos" you own: (a) Any covered "auto" you lease, hire, rent or borrow; and (b) Any covered "auto" hired or rent- ed by your "employee" under a contract in that individual "employee's" name with your permission, while performing duties relating to the conduct of your business. Theft Expenses If a stolen "auto" is insured for liability only under this policy we will pay up to $500 for the expense of returning that covered "auto" to you. Personal Effects Coverage For any owned "auto" that is involved in a covered "loss", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered "loss", without applying a deductible. Vehicle Wrap Coverage If this policy covers Comprehensive, Speci- fied Causes of Loss or Collision Coverage, then such Physical Damage Coverages are amended to add the following: In the event of a total loss to an "auto", in addition to the actual cash value to the "au- to", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of the total loss. Regard- less of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage for any one "loss" is $5,000. For purposes of this coverage pro- vision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. This coverage applies only to a covered "auto" of the private passenger, light truck or medium truck type (20,000 lbs or less gross vehicle weight. (5) CA R053 04 15 5. Airbag Coverage Subparagraph 3.a. of Paragraph B. Exclu- sions is replaced by the following: a. Wear and tear, freezing, mechanical or electrical breakdown. This exclusion does not apply to the accidental dis- charge of airbags. 6. Tapes. Records and Discs Coverage Subparagraph 4.a of Paragraph B. Exclu- sions, pertaining to Tapes, Records and Discs Coverage, is replaced with the following: a. If this policy covers Comprehensive, Specified Causes of Loss or Collision Coverage for any "auto" you own, we will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (1) Are your property or that of a family member, and (2) Are in a covered "auto" at the time of "loss". The most we will pay for "loss" is $200. We will not pay for "loss" or damage caused by marring, scratching, wear and tear or mechanical or electrical breakdown. No Physical Damage Coverage deductible applies to this coverage. 7. Electronic Equipment Subparagraph 1.b. of paragraph C. Limits Of Insurance is deleted and replaced with the fol- lowing: b. All electronic equipment that reproduces receives or transmits audio, visual or da- ta signals in any one "loss" is $1,500, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, open- ing or other location that is not normally used by the "auto" manu- facturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. Includes Copyrighted Material of Insurance Services Offices, Page 3 of 5 Inc., with its permission. 8. New Vehicle Replacement The following is added to C. Limit of Insur- ance: New Vehicle Replacement Cost In the event of a total loss to your "new ve- hicle" to which physical damage applies, we will pay at our option: (1) The verifiable "new vehicle" pur- chase price you paid for your dam- aged vehicle, not including any in- surance or warranties purchased; (2) The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, not including any furnishings, parts or equipment not installed by the manufacturer or manufacturer's dealership. If the same model is not available pay the purchase price of the most similar model available; The market value of your damaged vehicle, not including any furnish- ing, parts or equipment not installed by the manufacturer or manufacturer's dealership. This coverage applies only to a covered "auto" of the private passenger, light truck or medium truck type (20,000 lbs or less gross vehicle weight) and does not apply to initiation or set up costs associated with loans or leases. (3) 9. The following are added to D. Deductible: Glass Repair - Waiver of Deductible No deductible applies to "loss" to glass used in the windshield, doors and windows if it is repaired instead of replaced. Waiver of Collision Deductible — Parked Car If a covered "auto" is legally parked and in- curs a "loss" due to a collision, the Collision Deductible shown in the Declarations will be waived. Multiple Deductibles In the event of any occurrence resulting in a "loss" covered under more than one of the coverages provided under paragraph A. Coverage of SECTION III — PHYSICAL DAMAGE COVERAGE including the cover- ages under B.2., B.3. and B.4. of this en- dorsement, the deductibles shall be applied as described in (1) or (2) below: (1) If all applicable deductibles are equal in amount, that amount will apply only once for all losses from each occurrence. We will add the amount of loss from all applicable coverages and sub- tract the deductible from the total. (2) If all applicable deductibles are dif- ferent amounts, we will use the method described in (a) or (b) below which results in higher total payment to you. (a) We will apply each deductible to the loss for the coverage to which it applies; or (b) We will add the amount of loss from all applicable coverages and subtract from the total the largest applicable deductible. This Multiple Deductible clause applies separately to each covered "auto". C. Changes In Business Auto Conditions 1. Paragraph A.2.a. of Duties In The Event Of Accident, Claim, Suit Or Loss is deleted in its entirety and replaced by: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized repre- sentative notice of the "accident", claim, "suit" or "loss", applies only when the "acci- dent", claim, "suit" or "loss", is known to: (1) You, if you are an individual; (2) A partner if you are a partnership; (3) A member if you are a limited liability company; or (4) An executive officer or insurance man- ager, if you are a corporation. 2. The following is added to A.S. Transfer Of Rights Of Recovery Against Others To Us (Waiver of Subrogation): If a written agreement, written contract or per- mit requires that you waive any right of recov- ery against any person or organization we also waive any right of recovery we may have against that person or organization because of payments we make for injury or damage arising out of an "accident". Page 4 of 5 Includes Copyrighted Material of Insurance Services Offices, CA R053 0415 Inc., with its permission. 3. The following is added to paragraph A. Loss Conditions: 6. Any agreement, contract, lease or permit requiring: a. You to include any person or organization as an additional insured; or b. You to waive your rights of recovery against any person or organization; must be signed prior to an "accident". 4. The following is added to B.2. Concealment, Misrepresentation Or Fraud: If you unintentionally fail to disclose any haz- ards existing at the inception date of your poli- cy, we will not deny coverage under this Cover- age Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Changes in Definitions 1. The following definitions are added to SECTION V - DEFINITIONS: "New Vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. "Personal effects" means your tangible property that is worn or carried by you, except for tools, jewelry, money or securities. E. Liberalization If we revise this Coverage Part to provide more coverage without additional premium charge, your policy will automatically provide the addi- tional coverage as of the day the revision is ef- fective in your state. CA R053 04 15 Includes Copyrighted Material of Insurance Services Offices, Page 5 of 5 Inc., with its permission. nxrel in r ® WORKERS' COMPENSATION AND EMPLOYERS LAdamutual LIABILITY INSURANCE POLICY Insurance Company WC420304B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERAT IONS 3. Premium The premium charge for this endorsement shall be 2 , 00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED , SEE INFORMATION PAGE . This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12.01 A.M standard time, forms a part of Policy No. TSF -0001144091 20160131 of the Texas Mutual Insurance Company Issued to EMPLOYEE RISK MANAGEMENT CO INC CSA: ALL TEMPS PERSONAL CERVICES i% Endorsement No. HOC! Carrier Ccc_ 292..39 ..:thorized Represe .tstive . r"� • J ��r�. . I t) Endorsement # Cancellation By Us Policy No Eff Date of Pol. Exp. Date of Pol Eff Date of End Producer No Addi Pram ZURICH Return Prem Named Insured and Mailing Address: Employee Risk Management Co., Inc. 4639 Corona Drive Suite 100 Corpus Christi. TX 78411 - Producer: World Wide New York insurance Services, Inc. 68 South Service Road Suite 235 Melville. NY 11747 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided by the following: Boiler and Machinery Coverage Form Business Auto Coverage Form Commercial Crime Coverage Form Commercial General Liability Coverage Form Commercial Inland Marine Coverage Form Commercial Property Coverage Form Farm Coverage Form Garage Coverage Form Liquor Liability Coverage Form Motor Carrier Coverage Form Pollution Liability Coverage Form Products/Completed Operations Liability Coverage Form Truckers Coverage Form SCHEDULE Number of Days' Notice: 30 Any person or organization with whom you have agreed to provide 30 days prior written notice of cancellation, as identified on the list of such persons or organizations that is currently on file with the company (if no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. Signed by: Authorized Representative Date U -GU -298-B CW (04-94) Page 1 of 1 a 00 61.16 PAYMENT BOND BOND NO. 506348P Contractor as Principal Name: DMB Construction Mailing address (principal place of business): P.O. Box 71118 Corpus Christi, TX 78467 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: E14049 Ocean Drive Park Improvements — Swantner Park (Bond 2012) Award Date of the Contract: September 20, 2016 Contract Price: 5842,006.56 Bond Date of Bond: September 28. 2016 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Developers Surety and Indemnity Company Mailing address (principal place of business): PO Box 19725 Irvine, CA 92623 Physical address (principal place of business): 17771 Cowan, Ste 100 Irvine, CA 92614 Surety is a corporation organized and existing under the laws of the state of: Iowa By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 949-263-3300 Telephone (for notice of claim): 800-782-1546 Local Agent for Surety Name: American Surety Agency Address: 15814 Lower Lake Drive Cypress, TX 77433 Telephone: 281-256-3830 Email Address: timkirk7@comcast.net The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Payment Bond Form E14049 Ocean Dr Park Impr — Swantner Park Bond 2012 006116-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the some extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal DMB Construction, LLC Name: .1)960tIn;t1� 111- l'll'n cc Title: Sal Z 111A-Aper— Email 11 er Email Address: m c cn t`.LMIa cShS-f'. Surety Developers Surety and Indemity Company Signature: Name: Tim Kirk Title: Attorney in Fact Email Address: timkirk7@comcast.net (Attach Power of Attorney and place surety seal ,below) • • C - U l,i� ••,A,•• ' ' l2r.r....•,r•\ r" END OF SECTION Payment Bond Form E14049 Ocean Dr Park Impr — Swantner Park Bond 2012 006116-2 7-8-2014 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint ***Tim Kirk*** as its true and lawful Attomey(s)-in-Fad, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fad, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice -President, Senior Vice -President or Vice -President of the corporation be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this 18th day of April, 2016. By: By: Daniel Young, Senior Vice -President Mark Lansdon, Vice -President State of California County of Orange A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On April 18, 2016 Date personally appeared before me, Lucille Raymond, Notary Public Hero Insert Name and Title of the Officer Daniel Young and Mark Lansdon LUCILLE RAYMOND Commission 9 2081945 Notary Public - California Orange County M Comm. fres Oct 13 2018 Place Notary Seal Above Nam(*) of signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CERTIFICATE Lucil ond, Notary Public ...,,UU,1/.1 The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORIJI4;, ¢Q*s h certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boar s.ofnirgdorg o#'-. said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. ' : i `•. By: This Certificate is executed in the City of Irvine, California, this 28th day of September, 201.6 ID -1438 (Rev 04/16) - 4' Y IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-800-782-1546 You may also write to the Surety at: P.O. Box 19725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 AVISO IMPORTANCE Para obtener informacion o para someter una queja: Usted puede Hamar al numero de telefono gratis de para informacion o para someter una queja al: 1-800-782-1546 Usted tambien puedeescribir al Surety: P.O. Box 19725 Irvine, CA 92623-9725 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de compa- nies, coberturas, derechos o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ID -1404 (TX) (Rev. 4/15) P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comuni- carrse con el departamento (TDI). UNA ESTEAVISOA SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. AmTrust Surety An AmTrust Financial Company Developers Surety and Indemnity Company Indemnity Company of California CorePointe Insurance Company 17771 Cowan, Suite 100 Irvine, CA 92614 1-800-782-1546 www.AmTrustSurety.com M 00 6113 PERFORMANCE BOND BOND NO. 506348P Contractor as Principal Name: DMB Construction Mailing address (principal place of business): P.O. Box 71118 Corpus Christi, TX 78467 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: E14049 Ocean Drive Park Improvements — Swantner Park (Bond 2012) Award Date of the Contract: September 20, 2016 Contract Price: $842,006.56 Bond Date of Bond: September 28, 2016 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Developers Surety and Indemnity Company Mailing address (principal, place of business): PO Box 19725 Irvine, CA 92623 Physical address (principal place of business): 17771 Cowan. Ste 100 Irvine, CA 92614 Surety is a corporation organized and existing under the laws of the state of: Iowa By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 949-263-3300 Telephone (for notice of claim): 800-782-1546 Local Agent for Surety Name: American Surety Agency Address. 15814 Lower Lake Drive Cypress, TX 77433 Telephone: 281-256-3830 Email Address: timkirk7comcast.net The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond E14049 Ocean Dr Park Impr — Swantner Park Bond 2012 006113-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal DMB Construction, LLC Sig Name: Title: •=-1 i oMt4t' 4 t1 .. D NtICC) z Mme ' V.)1)1, cc 0,4 cak, •-Co,�� Email Address: Surety Developers Surety nd Indemnity Company Signature: (A" 2/A- Name: Tim Kirk Title: _Attorney in Fact Email Address: timkirk7@csmcast.net (Attach Power of Attorney and place surety seal below) • END OF SECTION Performance Bond E14049 Ocean Dr Park Impr — Swantner Park Bond 2012 006113-2 7-8-2014 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint ***Tim Kirk*** as its true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fad full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice -President, Senior Vice -President or Vice -President of the corporation be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this 18th day of April, 2016. By. By. Daniel Young, Senior Vice -President Mark Lansdon, Vice -President State of California County of Orange On -•:P'4', co eOCT.�° -< 10 c. O 1936 O A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. April 18, 2016 personally appeared Date before me, Lucille Raymond, Notary Public Here Insert Name and Title of the Officer Daniel Young and Mark Lansdon LUCILLE RAYMOND Commission • 2081945 Notary Public - California Orange County Comm. Expires Oct 13 2018 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIk Opp h certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards.ofDj said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. f '�'- Lucill ond, Notary Public By: This Certificate is executed in the City of Irvine, California, this CA. Cassie J. ID -1438 (Rev 04/16) isford, Assistant ry 28th day of September, 201.6 �t�AND �No�}' L ' . �.-4' ';,;� z l\11)ORT'NT NOTICE AVISO IMPORTANCE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call the Surety's toll free telephone number for information or to make a complaint at: Usted puede Hamar al numero de telefono gratis de para informacion o para someter una queja al: 1-800-782-1546 1-800-782-1546 You mai also write to the Surety at: Usted tambien puede escribir al Surety: P.O. Box 19725 P.O. Box 19725 Irvine, CA 92623-9725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener informacion acerca de compa- coverage, rights or complaints at: nias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS 0 RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the reclamo, debe comunicarse con el Surety primero. Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comuni- Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA: Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condicion del documento adjunto. VAm� AmTrust Surety An AmTrust Financial Company Developers Surety and Indemnity Company Indemnity Company of California CorePointe Insurance Company 17771 Cowan, Suite 100 Irvine, CA 92614 1-800-782-1546 www.AmTrustSurety.com ID -1404 (TX) (Rev. 4/15) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-104118 Date Filed: 08/25/2016 Date Acknowledged: 7 "- y. 2016.10.0109:13:27-05'00' �le 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. DMB Construction CORPUS CHRISTI, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E14049 Construction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Bracco, Dominic CORPUS CHRISTI, TX United X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT r. .... a S S a S I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. • 4'°tPAYP... 1 { �. s ,. HOMER DEL BOSQUE' *2 ` ° Notary Public STATE OF TEXAS ` ` P { My Comm. Exp. 08-07-2017 �••••��' � ` •"•'9TsoF•cE.�'. AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 20 { G , to certify which, witness my hand 1 --�' ► Signature of authorized agent of contracting business entity ��L� L ° (\AU kc- Pr- t �r r\�...�.Q , this the Z5 k day of u, and seal of office. -e m-9.—r— W^ ` k (i' 0 fY`r2f 'QJfi TDC,'''K- Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath vorcinr, \/1 n 977 Forms provided by Texas Ethics Commission www. eth i cs. state. tx .