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C2016-605 - 9/1/2016 - NA
2016-605 9/01/16 RCM Constructors Inc. 00 52 23 AGREEMENT Contract Renewal This Agreement,for the Project Contract Renewal, approved on September 1, 2016 , is between the City of Corpus Christi (Owner)and RCM Constructors, Inc. (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: Contract Renewal#2: E16406 Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment Program (E14025; E15211) ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Felix H.Ocanas,Jr., P.E. ECMS(Engineering and Construction Management Services) 5001 Oakmont Drive Corpus Christi,TX 78413 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 completed within 365 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 365 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 Contract Renewal#2#16406 Rev 06-22-2016 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15-PN E14025 OF ••'4J' 10 ....FELIX N. QCAl+1A ..J . ., �� 2 006 440 dw City of Corpus Christi JUNE 2014 RECORD DRAWING NO: SANS64 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid 00 21 13 Instructions to Bidders 00 30 00 Bid Form 00 30 01 Bid Form Exhibit A 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience 00 52 23 Agreement 00 61 13 Performance Bond 00 61 16 Payment Bond 00 72 00 General Conditions 00 72 01 Insurance Requirements 00 72 02 Wage Rate Requirements 00 72 03 Minority/ MBE/ DBE Participation Policy 00 73 00 Supplementary Conditions Division 01 General Requirements 01 11 00 Summary of Work 01 23 10 Alternates and Allowances 01 2900 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment 01 31 00 Project Management and Coordination 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 02 Shop Drawings 01 33 03 Record Data Table of Contents 000100- 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Division/ Title Section 01 33 04 Construction Progress Schedule 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 022020 Excavation and Backfill for Utilities and Sewers 022022 Trench Safety for Excavations 022100 Select Material 025205 Pavement Repair, Curb, Gutter, Sidewalk, & Driveway Replacement 025220 Flexible Base—Chemically Stabilized (S-24) 025222 Flexible Base—High Strength (S-24A) 025404 Asphalts, Oils, and Emulsions (S-29) 025412 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement(Class A) 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 027205 Fiberglass Manholes (S-58A) 027602 Gravity Sanitary Sewer (S-61) 028040 Sodding(S-8) 028300 Fence Relocation (S-12) 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures 055420 Frames, Grates, Rings, and Covers Part T Technical Specifications T-1 Repair of Wastewater Service Lines T-2 City of Corpus Christi Wastewater Department. Televised Inspection Services END OF SECTION Table of Contents 000100-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment Program—FY-2014/15 Project No. E14025 This project is an Indefinite Delivery Indefinite Quantity(IDIQ) contract for the locating and the excavation of existing service lines; replacing approximately 3,350 linear feet of Wastewater Service Lines from the cleanout of the bend and from bend to City main; 165 Sanitary Sewer and 66 Storm Water Manhole Ring and Cover Adjustments throughout the City under multiple work authorizations- The contract is a multi-year Indefinite Delivery Indefinite Quantity(IDIQ). The initial base year will be 365 calendar days with two (2) optional one (1) year extensions. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is $675,000. The Project is be complete and ready for operation within 365 days. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents, as defined in the Agreement are received. 2.03 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—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on July 8, 2014 at 10 a.m. at the following location: City Hall, City of Corpus Christi Texas 1201 Leopard Street Room: Conference Room 1 Corpus Christi,Texas 78469 Invitation to Bid 001116- 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. 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 noon seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. 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 5—MINORITY/MBE/ DBE PARTICIPATION POLICY 5.01 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. 5.02 Minority participation for this Project has been established to be 45 %of the Contract Price. 5.03 Minority Business Enterprise participation for this Project has been established to be 15 %of the Contract Price. ARTICLE 6—BID SECURITY 6.01 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 7 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 of the greatest amount bid. 6.02 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 may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. 6.03 Failure to provide the Bid Security will constitute a non-responsive Bid which will not be considered. Failure to provide required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids must be delivered to the Owner at the address below no later than July 16,2014 at 2 p.m. to be accepted. The Bids will be publicly opened and read aloud at this time and Invitation to Bid 001116-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 place. Bids received after this time will be returned unopened. Address Bids to the Owner as follows: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment Program - FY-2014/15, Project No. E14025 ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who submits a responsive Bid. 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,to reject any or all Bids, and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers' Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. END OF SECTION Invitation to Bid 001116-3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—BIDS RECEIVED 2.01 Refer to SECTION 00 11 16 INVITATION TO BID for information on receipt of Bids. ARTICLE 3—COPIES OF CONTRACT DOCUMENTS 3.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 3.02 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. 3.03 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 4—STATEMENT OF EXPERIENCE 4.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 7 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 5—EXAMINATION OF CONTRACT DOCUMENTS 5.01 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. 5.02 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 Instructions to Bidders 002113- 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 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 6—INTERPRETATIONS AND ALTERNATE BIDS 6.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data to the OAR using the Owner's Bidding Website as indicated in SECTION 00 1116 INVITATION TO BID. 6.02 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. 6.03 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. ARTICLE 7—BID SECURITY 7.01 Bidders must submit an acceptable Bid Security with their Bid as required by SECTION 00 11 16 INVITATION TO BID. 7.02 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 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. 7.03 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 8—PREPARATION OF BID 8.01 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. 8.02 Execute the Bid Form as indicated in the document and include evidence of authority to sign. 8.03 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 will be considered non-responsive. Instructions to Bidders 002113-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 8.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Form. 8.05 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 9—CONFIDENTIALITY OF BID INFORMATION 9.01 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. ARTICLE 10—SUBMITTAL OF BID 10.01 Complete and submit the Bid Form along with all required documents identified in the Bid Form. 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—OPENING OF BIDS 12.01 Bids will be opened at the time and place indicated in SECTION 00 1116 INVITATION TO BID. The Owner will read aloud the names of the Bidders and the amount of the Bid for all Bids received in time to be considered. Instructions to Bidders 002113-3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 ARTICLE 13—BIDS REMAIN SUBJECT TO ACCEPTANCE 13.01 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 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, and 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. Award of Contract will be to the lowest, responsible Bidder that submitted a responsive Bid that demonstrates that the Bidder meets all of requirements of the Bidding Documents, including the minimum specific project experience requirements. 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 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 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—BONDS AND INSURANCE 16.01 Article 6 of the General Conditions 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. 16.02 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 17—SIGNING OF AGREEMENT 17.01 The City Engineer shall 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 Instructions to Bidders 002113-4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 counterparts (4) 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 18—SALES AND USE TAXES 18.01 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. 18.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 19—WAGE RATES 19.01 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 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 20—BIDDER's CERTIFICATION OF NO LOBBYING 20.01 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 21—REJECTION OF BID 21.01 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 are not accompanied by acceptable Bid Security,with Power of Attorney. 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. Instructions to Bidders 002113-5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 21.02 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. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. 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. END OF SECTION Instructions to Bidders 002113-6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents,this Bid Proposal submitted on: 1.02 Submit Bids to: The City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment Program - FY-2014/15 Project No. E14025 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 the Invitation to Bid 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 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. Bid Form 003000- 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15- PN E14025 11-25-2013 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: N/A A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; N/A B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; N/A C. Underground Facilities referenced in reports and drawings; N/A D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; N/A and E. Technical Data related to each of these reports and drawings. N/A 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 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. Bid Form 003000-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15- PN E14025 11-25-2013 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 SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. Owner will, at its discretion, award the Contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. 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. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility, 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, and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder, 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 an 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 Form 003000-3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15- PN E14025 11-25-2013 ARTICLE 6—TIME OF COMPLETION 6.01 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 in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM EXHIBIT A. C. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. D. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. 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. 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 Bid Form 003000-4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15- PN E14025 11-25-2013 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: (typed or printed full legal name of Bidder) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. Address for giving notices: 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 Form 003000-5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15- PN E14025 11-25-2013 00 30 01 BID FORM EXHIBIT A Project: Wastewater Service Line Repair&Clean-Out Installatmit Program and Manhole Ring&Cover Adjustment FY 2014/15 Project E-14025 Owner: City of Corpus Christi,Texas Bidder: OAR: Designer. Felix H.Ocanas,Jr.P.E. Basis of Bid hem Descnption Unit Estimated Unit Price Extended Amount No. I I I Quantity Items In Base Bid(excluding Allowances)per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT Part"A"•Wastewater Clean-Out installation A-1 Mobilization/Demobilization LS 1 A-2a. 4"Clean-outs,complete in place,per each. EA 295 A-2b. 6' Clean-cuts,complete in place,per each. FA 5 Remove and replace all 4"pipe from the,property line/utility easement to A-3 and including the bend,complete in plate per linear foot. LF 2950 Remove and replace all 6"pipe from the property line/utility easement to A-4 and including the bend,complete in place per linear foot- LF 50 Remove and replace all 4"pipe from the bend to the main,where main A-5 depth is 0 to five feet,complete in place per linear foot. LF 341 Remove and replace all 4"pipe from the bend to the main,where main A-5a depth is 5 to ten feet,complete in place per linear foot. LF 40 Remove and replace all 4"pipe from the bend to the main,where main 4-5b depth is over 10 feet,complete in place per linear foot. LF 40 Remove and replace all 6"pipe from the bend to the main,where main A.6 depth is 0 to 5 feet,complete in place per linear foot. LF 30 Remove and replace all 6"pipe from the bend to the main,where main A-6a depth is 5 to 10 feet„complete in place per linear foot. LF 16 Remove and replace all 6"pipe from the bend to the main,where main A-6b depth is over 10 feet,complete in place per linear foot. LF 16 A-7 Trench Safety Measures,complete in place per linear foot_ LF 973 Install new taps to main in accordance with City standard plans and A-8 specifications,replacing(I I one)ant of main, where main depth is 0 to 5 EA 36 feet,complete in place per each. Install new taps to main in accordance with City standard plans and A-8a specifications,replacing(1)one joint of main, where main depth is 5 to EA 4 10 feet,complete in place per each. Install new taps to main in accordance with City standard plans and A-8b specifications,replacing 11)one joint of main, where main depth is over EA 4 10 feet,complete in place per each. Additional main line removal and replacement complete in place per linear A-9 foot. LF 400 Remove and reinstall existing fence,complete in place per linear font A-10 LF 140 A-11 Sod,complete in place per square foot_ 5F 40 Proposal Form Exhibit A 00 30 01-1 Item Description Unit E� Unit Price Extended Amount arntily Part"D"Allowance In Bast Bid Per Section 0123 10 Alternates and Allowances D-1 Allowance for unanticipated Waste Water Clean-Out Insta(latlons LS 1 $20,004 $20,040 Subtotal Allowance Amount(Une Item 04) $20,040 BID SUMMARY SUBTOTAL PART A-WASTEWATER CLEAN-OUT INSTALLATION(Items A-1 thru A-19) SUBTOTAL PART B- SANITARY SEWER MANHOLE RING&COVER ADJUSTMENT(Items B-1 thru B-2) SUBTOTAL PART C-STORM WATER MANHOLE RING&COVER ADJUSTMENT(items C-1 thru C-2) SUBTOTAL PART D-ALLOWANCE AMOUNT FOR UNANTICIPATEO WASTE WATER CLEAN-OUT INSTALLATIONS $20,400 TOTAL PROJECT BASE IIID(PARTS A,B,C&D( Contract Times E Bidder agrees to reach final completion 365 Days Proposal Form Exhibit A 00 30 01-3 Item Estimated Description Unit Unit Price Extended Amount No. Quantity Concrete flatwork repair,(driveways,sidewalks)in accordance with City A-12 standard plans and specifications,complete in place per square foot SF 500 Closed circuit television pipeline inspection of service line/taps(1 foot to 40 feet) from the cleanout down to the sewer main(see technical A-13 specification T-2),complete in place per each. FA 295 Closed circuit television pipeline inspection of replaced mains. Contractor must televise,after rehabilitation,the replaced main portion or,a A-14a minimum of ten feet In both directions From new main tap,whichever is LF 1830 greater )see technical specification T-2),complete in place per Linear Foot. Closed circuit television pipeline inspection of exposed and accessible, existing mains. Contractor must televise a minimum of ten feet in both A-14b direction from existing main tap,(see technical specification T-2), LF 1S75 complete in place per Linear Foot. Flexible base-Limestone repair,complete in place per square yard. A-15 SY 56 Asphalt pavement repair,(HMAC)complete in place per square yard. A-16 SY 240 Installation of driveway clean out boot,complete in place per each. A-17 EA 10 install new taps to main in accordance with City Standard plans and A-18 specifications,replacing(1)joint of pipe penetrating the manhole, EA 10 complete in place per each. Curb and Gutter Replacement,complete in place per Linear foot- A-i9 LF 50 Subtotal Base Bid Items Amount(Line Items A-1 thru A-191 Part"8"Sanitary Sewer Manhole Ring&Cover Adjustment Sanitary Sewer Manhole Ring&cover Adjustments,including New Manhole Ring&Cover Assembly with New HOPE Height Adjustment Rings, B-1 Stainless Steel Inflow Inhibitor and with Concrete Collar,complete in place EA 160 per each. Removal&Replacement of pavement,Pavement Repairs,complete in B-2 place per Square Yard. SY So Subtotal Base Bid Items Amount(Line Items B-1 thru B-2) Part"C"Storm Water Manhole Ring&Cover Adjustment Storm Water Manhole Ring&cover Adjustments,including New Manhole C-1 Ring&Cover Assembly with New Concrete Height Adjustment Rings and EA 65 with Concrete Collar,complete in place per each. Removal&Replacement of Pavement,Pavement Repairs,complete in C-2 place per Square Yard. SY 54 Subtotal Base Bid Items Amount)Line Items C-1 thru C-2) Proposal Form Exhibit A 00 30 01 -2 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: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Compliance to State Law on Nonresident Bidders 003002- 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes F-1 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes F-1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes F-1 No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY-CITY- PURCHASING YCITEPURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 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 defmitions. COMPANY NAME: P. O.BOX: STREET ADDRESS: CITY: ZIP: - FIRM IS: I. Corporation ❑ 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other 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 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. 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: Wastewater Service Line Repair and Cleanout Installation and Manhole and Ring Cover Adjustment Program—FY-2014/15 PN E14025 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: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Non-Collusion Certification 003006- 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 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 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. 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 information on the experience of proposed key personnel. A. Provide information on the key personnel that will be actively working on this Project in Tables 3 through 6. 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 Statement of Experience 004516- 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 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 information on 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 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 biographical information for each primary and alternate candidate as an attachment 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 in this Statement of Experience should also be included. Bidders are to include a list of the current project assignments for each of the individuals proposed, the anticipated completion date for this assignment, and the percentage of the time they will have available to devote to this Project to demonstrate their availability for this project. D. The Project Manager and Project Superintendent must have at least 5 years' 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' 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 and Key Personnel. A. Provide a list of projects currently under construction and projects completed by the Organization in the last 5 years using copies of Table 7. Highlight the project information that demonstrates the experience of Bidder with similar projects and the experience of proposed Key Personnel. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization and for proposed Key Personnel, 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 Statement of Experience 004516-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 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. 2.07 The Owner will consider any percentages in excess of 15 percent of change orders for projects as an indicator of ability to complete Projects within the Contract Price. Provide a tabulation of budget performance on all projects completed by the Bidder within the last 5 years on Table 8 to demonstrate the ability of the Bidder to complete projects for the Contract Price. Lines may be added beneath project change order breakdowns to add explanatory comments. 2.08 Provide information to demonstrate the ability of the Bidder to complete projects on time. Bidders are to provide a tabulation of all projects completed by the Organization within the last 5 years on Table 9 to demonstrate performance in completing projects on time. Comments may be added to the tabulations to indicate the reasons for amending completion dates. 2.09 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 10. Include percentages of Work subcontracted to each to demonstrate compliance with Owner's stated goals. ARTICLE 3—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. 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 004516-3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Table 1—Organization Information Organization doing business as: Business Address of Principal Office Telephone No. I 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 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 004516-4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Statement of Experience 004516-5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Table 1—Organization Information Surety Name of Surety Surety is a corporation organized and existing under the laws of the state of Is surety authorized to provide surety bonds in the State of Texas? ❑ Yes ❑ No Is surety listed in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 ❑ Yes ❑ No (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury? Mailing Address (principal place of business) Physical Address(principal place of business) Telephone (Main) Telephone (for Notice of Claim) Local Agent for Surety Address for Local Agent Telephone for Local Agent Insurance Name of Insurance Provider Provider is a corporation organized and existing under the laws of the state of Is Provider licensed or authorized to issue insurance policies in the State of Texas? ❑ Yes ❑ No Does Provider have an A.M. Best Rating of A-VIII or Better? ❑ Yes ❑ No Mailing Address (principal place of business) Physical Address(principal place of business) Telephone (Main) Telephone (for Notice of Claim) Local Agent for Provider Address for Local Agent Telephone for Local Agent Financial Summary Information Date of Bidder's most current financial statement Date of Bidder's most current audited financial statement Financial indicators from the most current financial statement: Bidder's Current Ratio (Current Assets/Current Liabilities) Bidder's Quick Ratio ((Cash and Cash Equivalents +Accounts Receivable +Short Term Investments)/Current Liabilities)) Statement of Experience 004516-6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Table 1—Organization Information Organization doing business as: Previous History with Owner List projects that have been completed with the Owner over the last 5 years. If more than 5 projects, list only the most recent. 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 I I EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization ever been disqualification as a bidder within the last 5 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 five 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 5 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 2 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 004516-7 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Statement of Experience 004516-8 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 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. 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 Estimated Percentage of Performing the Work 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 I EMR Year EMR Year EMR Statement of Experience 004516-9 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Table 3—Proposed Project Manager Organization doing business as: Primary Candidate Name of individual Years of experience as Project Manager Years of experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Alternate Candidate Name of individual Years of experience as Project Manager Years of experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Statement of Experience 004516- 10 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Table 4—Proposed Project Superintendents Organization doing business as: Primary Candidate Name of individual Years of experience as Project Superintendent Years of experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Alternate Candidate Name of individual Years of experience as Project Superintendent Years of experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Statement of Experience 004516- 11 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Table 5—Proposed Project Safety Managers Organization doing business as: Primary Candidate Name of individual Years of experience as Project Safety Manager Years of experience with this organization Number of similar projects as Safety Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Alternate Candidate Name of individual Years of experience as Project Safety Manager Years of experience with this organization Number of similar projects as Safety Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Statement of Experience 004516- 12 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Table 6—Proposed Project Quality Control Managers Organization doing business as: Primary Candidate Name of individual Years of experience as Quality Control Manager Years of experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Alternate Candidate Name of individual Years of experience as Quality Control Manager Years of experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Statement of Experience 004516- 13 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Table 7—Current Projects and Projects Completed within the Last S Years Project Owner I Project Name General Description of Project Project Budget and Schedule Performance Budget History Schedule Performance Amount %of Bid Date Days Bid Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual/Estimated Substantial Completion Date Final Cost Actual/Estimated Final Completion Date Key Project Personnel Project Quality Control Project Manager Superintendent Safety Manager Manager Name Percentage of time devoted to the Project Proposed for this Project Did Individual start and complete the project? If not,who started or completed the Project in their place? Reason for change Reference Contact Information Name Title/Position Organization Telephone Email Owner Designer Construction Manager Surety Issues/disputes resolved or pending resolution by arbitration,litigation,or dispute review boards Number of issues Total amount involved in Number of issues Total amount involved in Statement of Experience 0045 16-14 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 resolved I I resolved issues pending resolved Issues Statement of Experience 0045 16-15 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Table 8—Demonstration of Budget Performance Organization doing business as Provide information on all projects completed by the Bidder within the last 5 years. Owner Name Project Description Original Owner Unforeseen Design Issues Total Changes Percent Contract Price Enhancements Conditions Changes Statement of Experience 004516-16 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Statement of Experience 0045 16-17 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Table 9—Demonstration of On-Time Performance Organization doing business as Provide information on all projects completed by the Bidder within the last 5 years. Original Amended Actual Original Amended Actual Contract Date Contract Date Contract Date Contract Date Contract Date Contract Date Owner Name Project Description for for for for Final for Final for Final Substantial Substantial Substantial Completion Completion Completion Completion Completion Completion Statement of Experience 0045 16-18 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Statement of Experience 0045 16-19 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 Table 10—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 Estimated % Minority, Name Work to be Provided of Contract MBE, or Price DBE Firm Statement of Experience 0045 16-20 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 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: (typed or printed) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Designated Representative: Name: Title: Address: Telephone No.: Email: END OF SECTION Statement of Experience 004516-21 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on , is between the City of Corpus Christi (Owner) and (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: Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment Program—FY-2014/15 PN E14025 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Felix H. Ocanas,Jr., P.E. ECMS(Engineering and Construction Management Services) 5001 Oakmont Dr. Corpus Christi,TX 78413 2.02 The Owner's Authorized Representative for this Project is: ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be completed within 365 calendar 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 365 calendar days after the date when the Contract Times commence to run. 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 Agreement 005223- 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 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. Completion of the Remaining Work: Contractor agrees to pay Owner$500 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. 2. Liquidated damages for failing to timely attain Final Completion are not additive and will not be imposed concurrently. 3. 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 in SECTION 00 30 01 BID FORM EXHIBIT A. 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. 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 5.02.13, 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 Agreement 005223-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 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 CAR'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 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. E. 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; Agreement 005223-3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 2. The means, methods,techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. F. 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. G. 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. H. 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. I. 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. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. 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 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. Agreement 005223-4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit 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 Four original duplicates of the signed Contracts will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company*if Contractor is a Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY; C. EXECUTIVE DIRECTOR OF PUBLIC WORKS; D. ASSISTANT CITY MANAGER OF PUBLIC WORKS, UTILITIES AND TRANSPORTATION; E. CITY SECRETARY. Agreement 005223-5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 The Effective Date of the Contract is ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Gustavo Gonzalez, P.E. City Secretary Assistant City Manager Public Works, Utilities, &Transportation APPROVED AS TO LEGAL FORM: Veronica Ocanas Daniel Biles, P.E. Senior Assistant City Attorney Executive Director of Public Works ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Address City State Zip Phone Fax EMail END OF SECTION Agreement 005223-6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 00 61 13 PERFORMANCE BOND Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Performance Bond 006113- 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 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 Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 00 61 16 PAYMENT BOND Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116- 1 WASTEWTER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 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 Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 WASTEWTER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY-2014/15—PN E14025 11-25-2013 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................5 1.01 Defined Terms...............................................................................................................................5 1.02 Terminology................................................................................................................................10 Article 2—Preliminary Matters...................................................................................................................11 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................11 2.02 Copies of Documents.................................................................................................................. 12 2.03 Before Starting Construction ...................................................................................................... 12 2.04 Preconstruction Conference; Designation of Authorized Representatives................................12 Article 3—Contract Documents: Intent, Requirements, Reuse.................................................................12 3.01 Intent...........................................................................................................................................12 3.02 Reference Standards...................................................................................................................14 3.03 Reporting and Resolving Discrepancies......................................................................................14 3.04 Interpretation of the Contract Documents.................................................................................15 3.05 Reuse of Documents...................................................................................................................15 Article 4—Commencement and Progress of the Work..............................................................................15 4.01 Commencement of Contract Times; Notice to Proceed.............................................................15 4.02 Starting the Work........................................................................................................................ 15 4.03 Progress Schedule....................................................................................................................... 16 4.04 Delays in Contractor's Progress.................................................................................................. 16 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................................................................17 5.01 Availability of Lands .................................................................................................................... 17 5.02 Use of Site and Other Areas........................................................................................................ 17 5.03 Subsurface and Physical Conditions............................................................................................18 5.04 Differing Subsurface or Physical Conditions...............................................................................18 5.05 Underground Facilities................................................................................................................20 5.06 Hazardous Environmental Conditions at Site .............................................................................21 Article 6—Bonds and Insurance .................................................................................................................23 6.01 Performance, Payment, and Other Bonds..................................................................................23 6.02 Licensed Sureties.........................................................................................................................23 General Conditions 007200- 1 Corpus Christi Standards- Regular Projects 11-25-2013 6.03 Insurance.....................................................................................................................................24 Article 7—Contractor's Responsibilities.....................................................................................................24 7.01 Supervision and Superintendence..............................................................................................24 7.02 Labor; Working Hours.................................................................................................................24 7.03 Services, Materials, and Equipment ...........................................................................................25 7.04 Concerning Subcontractors, Suppliers, and Others....................................................................25 7.05 Patent Fees and Royalties...........................................................................................................26 7.06 Permits........................................................................................................................................27 7.07 Taxes ...........................................................................................................................................27 7.08 Laws and Regulations..................................................................................................................27 7.09 Safety and Protection..................................................................................................................28 7.10 Safety Representative.................................................................................................................29 7.11 Hazard Communication Programs..............................................................................................29 7.12 Emergencies................................................................................................................................29 7.13 Contractor's General Warranty and Guarantee .........................................................................29 7.14 Indemnification........................................................................................................................... 30 7.15 Delegation of Professional Design Services................................................................................31 Article 8—Other Work at the Site...............................................................................................................32 8.01 Other Work.................................................................................................................................32 8.02 Coordination ...............................................................................................................................33 8.03 Legal Relationships......................................................................................................................33 Article 9—Owner's and OPT's Responsibilities...........................................................................................34 9.01 Communications to Contractor ..................................................................................................34 9.02 Replacement of Owner's Project Team Members......................................................................34 9.03 Furnish Data................................................................................................................................34 9.04 Pay When Due............................................................................................................................. 34 9.05 Lands and Easements; Reports and Tests...................................................................................34 9.06 Insurance.....................................................................................................................................34 9.07 Modifications ..............................................................................................................................34 9.08 Inspections, Tests, and Approvals...............................................................................................34 9.09 Limitations on OPT's Responsibilities .........................................................................................34 9.10 Undisclosed Hazardous Environmental Condition......................................................................34 9.11 Compliance with Safety Program................................................................................................35 General Conditions 007200-2 Corpus Christi Standards- Regular Projects 11-25-2013 Article 10—OAR's and Designer's Status During Construction ..................................................................35 10.01 Owner's Representative..........................................................................................................35 10.02 Visits to Site.............................................................................................................................35 10.03 Resident Project Representatives...........................................................................................35 10.04 Rejecting Defective Work .......................................................................................................35 10.05 Shop Drawings, Modifications and Payments ........................................................................35 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................36 10.07 Limitations on OAR's and Designer's Authority and Responsibilities.....................................36 Article 11—Amending the Contract Documents; Changes in the Work ....................................................36 11.01 Amending and Supplementing the Contract Documents.......................................................36 11.02 Owner-Authorized Changes in the Work................................................................................37 11.03 Unauthorized Changes in the Work........................................................................................37 11.04 Change of Contract Price ........................................................................................................38 11.05 Change of Contract Times.......................................................................................................39 11.06 Change Proposals....................................................................................................................39 11.07 Execution of Change Orders ...................................................................................................39 11.08 Notice to Surety......................................................................................................................40 Article12—Claims.......................................................................................................................................40 12.01 Claims......................................................................................................................................40 Article 13—Cost of the Work; Allowances; Unit Price Work......................................................................42 13.01 Cost of the Work.....................................................................................................................42 13.02 Allowances..............................................................................................................................44 13.03 Unit Price Work.......................................................................................................................45 13.04 Contingencies..........................................................................................................................45 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................46 14.01 Access to Work........................................................................................................................46 14.02 Tests, Inspections, and Approvals...........................................................................................46 14.03 Defective Work .......................................................................................................................47 14.04 Acceptance of Defective Work................................................................................................47 14.05 Uncovering Work....................................................................................................................48 14.06 Owner May Stop the Work.....................................................................................................48 14.07 Owner May Correct Defective Work.......................................................................................48 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period........................................49 General Conditions 007200-3 Corpus Christi Standards- Regular Projects 11-25-2013 15.01 Progress Payments..................................................................................................................49 15.02 Contractor's Warranty of Title................................................................................................51 15.03 Substantial Completion...........................................................................................................51 15.04 Partial Utilization.....................................................................................................................51 15.05 Final Inspection.......................................................................................................................52 15.06 Final Payment..........................................................................................................................52 15.07 Waiver of Claims.....................................................................................................................52 15.08 Correction Period....................................................................................................................53 Article 16—Suspension of Work and Termination.....................................................................................53 16.01 Owner May Suspend Work.....................................................................................................53 16.02 Owner May Terminate for Cause............................................................................................54 16.03 Owner May Terminate For Convenience................................................................................55 16.04 Contractor May Stop Work or Terminate...............................................................................55 Article 17—Final Resolution of Disputes....................................................................................................56 17.01 Methods and Procedures........................................................................................................56 Article18—Miscellaneous..........................................................................................................................56 18.01 Computation of Times ............................................................................................................56 18.02 Independent Contractor.........................................................................................................56 18.03 Cumulative Remedies .............................................................................................................56 18.04 Limitation of Damages............................................................................................................57 18.05 No Waiver ...............................................................................................................................57 18.06 Severability..............................................................................................................................57 18.07 Survival of Obligations ............................................................................................................57 18.08 No Third Party Beneficiaries ...................................................................................................57 18.09 Assignment of Contract ..........................................................................................................57 18.10 No Waiver of Sovereign Immunity..........................................................................................57 18.11 Controlling Law .......................................................................................................................57 18.12 Conditions Precedent to Right to Sue.....................................................................................57 18.13 Waiver of Trial by Jury ............................................................................................................58 18.14 Compliance with Laws ............................................................................................................58 18.15 Enforcement ...........................................................................................................................58 18.16 Subject to Appropriation.........................................................................................................58 18.17 Contractor's Guarantee as Additional Remedy......................................................................58 General Conditions 007200-4 Corpus Christi Standards- Regular Projects 11-25-2013 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 007200-5 Corpus Christi Standards- Regular Projects 11-25-2013 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 007200-6 Corpus Christi Standards- Regular Projects 11-25-2013 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 007200-7 Corpus Christi Standards- Regular Projects 11-25-2013 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 007200-8 Corpus Christi Standards- Regular Projects 11-25-2013 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 007200-9 Corpus Christi Standards- Regular Projects 11-25-2013 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 007200- 10 Corpus Christi Standards- Regular Projects 11-25-2013 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 007200- 11 Corpus Christi Standards- Regular Projects 11-25-2013 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 007200- 12 Corpus Christi Standards- Regular Projects 11-25-2013 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 007200- 13 Corpus Christi Standards- Regular Projects 11-25-2013 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 - 14 11-25-2013 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 - 15 11-25-2013 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 - 16 11-25-2013 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 - 17 11-25-2013 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 - 18 11-25-2013 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 - 19 11-25-2013 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 - 20 11-25-2013 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.B. 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 00-21 11-25-2013 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 - 22 11-25-2013 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 - 23 11-25-2013 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 - 24 11-25-2013 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.B 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 - 25 11-25-2013 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 - 26 11-25-2013 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 - 27 11-25-2013 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 - 28 11-25-2013 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 - 29 11-25-2013 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. 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-30 11-25-2013 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. B. The Contract Documents specify performance and design criteria related to systems, materials, or equipment if professional design services or certifications by a design General Conditions Corpus Christi Standards - Regular Projects 00 72 00-31 11-25-2013 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 failure to notify the OAR constitutes an acceptance of this other work as acceptable for General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 32 11-25-2013 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 33 11-25-2013 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. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 34 11-25-2013 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 35 11-25-2013 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. 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 36 11-25-2013 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 37 11-25-2013 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 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 38 11-25-2013 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; 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, General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 39 11-25-2013 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. 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 40 11-25-2013 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. B. Notify the OAR no later than 7 days after the start of the event giving rise to the Claim or, in the case of appeals regarding Change Proposals, within 7 days of the decision under appeal. The responsibility to substantiate a Claim rests with the entity making the Claim. 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. C. 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. D. 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. 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. E. 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. F. 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. G. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-41 11-25-2013 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, 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 42 11-25-2013 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; 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 43 11-25-2013 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 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.B.1 and 13.02.B.2 above are included in the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 44 11-25-2013 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 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 45 11-25-2013 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 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 46 11-25-2013 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 47 11-25-2013 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 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 48 11-25-2013 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. 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 49 11-25-2013 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• 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; P. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 50 11-25-2013 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. 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-51 11-25-2013 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 52 11-25-2013 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.B 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 53 11-25-2013 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. 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 54 11-25-2013 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. 16.04 Contractor May Stop Work or Terminate A. Contractor may terminate the Contract and issue a Change Proposal requesting payment from Owner on the same terms as provided in Paragraph 16.03 after 10 days' notice to OAR provided that, through no act or fault of Contractor: 1. The Work is suspended for more than 90 consecutive days by Owner; 2. OAR fails to act on an Application for Payment within 30 days after it is submitted; or 3. Owner fails to pay Contractor sums determined to be due, other than the final payment, within 30 days after payment is recommended by OAR; and 4. OPT does not remedy this suspension or failure within 10 days after receipt of the notice. B. Contractor may stop Work, without prejudice to other rights or remedies in lieu of terminating the Contract if OAR has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed to pay Contractor within 30 days after payment is recommended by OAR. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times for damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 55 11-25-2013 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 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. 18.03 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 56 11-25-2013 18.04 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. 18.05 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. 18.06 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. 18.07 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. 18.08 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. 18.09 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the consent of the Owner. 18.10 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. 18.11 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. 18.12 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 57 11-25-2013 18.13 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. 18.14 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. B. Comply with all applicable federal, state, and city laws, rules and regulations. 18.15 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. 18.16 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 suspension or termination of the Contract. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contract may request payment for 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. 18.17 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 - 58 11-25-2013 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 Professional 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 X Not Required Builder's Risk (All Perils including Collapse) Equal to Contract Price • Required X Not Required Installation Floater Equal to Contract Price • Required X Not Required Owner's Protective Liability Equal to Contractor's liability insurance • Required X 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 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 007201-1 11-25-2013 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 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 007201-2 11-25-2013 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; Insurance Requirements WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 007201-3 11-25-2013 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. 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 Insurance Requirements 00 72 01- 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 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; Insurance Requirements 00 72 01- 5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 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. Insurance Requirements 00 72 01- 6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 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. Insurance Requirements 00 72 01- 7 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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. 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. Insurance Requirements 00 72 01- 8 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 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. Insurance Requirements 00 72 01- 9 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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; 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 Insurance Requirements 00 72 01- 10 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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- 11 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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. 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 00 72 02 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 Wage Determination Construction Type Project Type (WD) No TX -31 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) END OF SECTION Wage Rate Requirements 00 72 02 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 Page 1 of 3 General Decision Number: TX140031 01/03/2014 TX31 Superseded General Decision Number: TX20130031 State: Texas Construction Type: Heavy Counties: Nueces and San Patricia Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Modification Number Publication Date 0 01/03/2014 * SUTX1987-001 12/01/1987 Rates CARPENTER (Excluding Form Setting) $ 9.05 Concrete Finisher $ 7.56 ELECTRICIAN $ 13.37 Laborers: Common $ 7.25 Utility $ 7.68 Power equipment operators: Backhoe $ 9.21 Motor Grader $ 8.72 Fringes 2.58 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 union or non-union. Page 2 of 3 Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198--005 07/01/2011. The first four letters PLUM, indicate the international union and the four -digit number, 0198, that follows 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. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. 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 httn://wdol.gov/wdollscafiles/davisbaeonItx31.dvb 5/23/2014 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 requester 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 Page .301.5 htto://wdol.gov/wdol/scafiles/davisbacon/ix31.dvb 5/23/2014 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 00 72 03 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 11 16 INVITATION TO BID. 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 00 72 03 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 ECMS LLC 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 50 rain days have been set for this Project. An extension of time due to rain days will be considered only after 50 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule Supplementary Conditions 00 73 00 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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. Delete Paragraph 5.03 entirely and insert the following: "5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner." 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 00 73 00 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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: This project is an Indefinite Delivery Indefinite Quantity (IDIQ) contract for the locating and the excavation of existing service lines; replacing approximately 3,350 linear feet of wastewater service lines from the clean-out to the bend and from bend to City main; 165 Sanitary Sewer and 66 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations (Indefinite Delivery/Indefinite Quantity (IDIQ). The work period will be 365 days with the option to extend the contract for an additional two years in one-year increments. This project is divided into three parts: Part "A": Consists of a Base Bid with a quantity of 300 new PVC clean-out assembly installations; main line repairs if required; televising service lines to City main, inspecting condition of mains, ten (10) feet in both directions from existing or replaced main taps, when main is exposed or accessible; backfill, other appurtenances and site cleanup, in accordance with the plans technical specifications and contract documents. Part "B": Consists of a Base Bid with a quantity of 165 Sanitary Sewer Manhole Ring and Cover Adjustments using new manhole ring and Cover assembly with new height adjustment rings, new stainless steel inflow inhibitor and new concrete collar. Part "C": Consists of a Base Bid with a quantity of 66 Storm Water Manhole Ring and Cover Adjustments using new manhole ring and Cover assembly with new height adjustment rings, and new concrete collar. Summary of Work 01 1100 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 1.03 WORK UNDER OTHER CONTRACTS: NONE A. The following items of work are not included in this Contract, but may impact construction scheduling and completion: 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. 1.04 WORK BY OWNER: NONE 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: 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 01 1100 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: NONE 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. Alternates and Allowances 01 23 10 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 c. Present available alternates to the Owner through the OAR. Notify OAR of: 1) Any objections to a particular Supplier or product. 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: NONE A. Alternate A - Title of alternate as it appears in the Bid Form: 1. Description of alternate here. B. Alternate B - Title of alternate as it appears in the Bid Form: 1. Description of alternate here. Alternates and Allowances 01 23 10 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 1.04 DESCRIPTION OF ALLOWANCES A. Allowance A - Allowance for Unanticipated Improvements to Wastewater Service Line Repair and Cleanout Installation: The sum of $20,000 to be used for the purchase of Unanticipated Improvements to Wastewater Service Line Repair and Cleanout Installation. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 01 23 10 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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. Installing Owner furnished equipment and materials; 3. Providing Work for Alternates and Allowances; 4. Commissioning, start-up, training and initial maintenance and operation; 5. Acceptance testing in manufacturer's facilities or on Site; 6. All home office overhead costs and expenses, including profit made directly or indirectly for the Project; 7. Project management, Contract administration, field office, and field operations staff, including supervision, clerical support, and technology system support; 8. Professional services including design fees, legal fees, and other professional services; 9. Bonds and insurance; 10. Permits, licenses, patent fees, and royalties; 11. Taxes; 12. Providing all documents and Samples required by the Contract Documents; 13. 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; 14. Products, materials, and equipment stored at the Site or other suitable location; 15. Products, materials, and equipment permanently incorporated into the Project; Application for Payment Procedures 01 29 00 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 16. Temporary facilities for managing water, including facilities for pumping, storage, and treatment as required for construction and protection of the environment; 17. Temporary facilities for managing environment conditions and Constituents of Concern; 18. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project; 19. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features; 20. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features; 21. Products, materials, and equipment consumed during the construction of the Project; 22. Contractor labor and supervision to complete the Project, including that provided through Subcontractors or Suppliers; 23. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents; 24. Risk associated with weather and environmental conditions, start-up, and initial operation of facilities including equipment, processes, and systems; 25. Contractor's safety programs, including management, administration, and training; 26. Maintenance of facilities, including equipment, processes, and systems until operation is transferred to Owner; 27. Providing warranties, extended or special warranties, or extended service agreements; 28. Cleanup and disposal of any and all surplus materials; and 29. 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 01 29 00 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 01 29 00 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 01 29 00 - 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN [14025 11-25-2013 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. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest. D. 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. E. 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. B. Reduce payments for set -offs per the General Conditions. Include Attachment C — Tabulation of Set -Offs in the Application for Payment. Application for Payment Procedures 01 29 00 - 5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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. C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. Application for Payment Procedures 01 29 00 - 6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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; 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; Application for Payment Procedures 01 29 00 - 7 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 01 29 00 - 8 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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; and f. Mobilization may not exceed 5 percent of the total Contract Price. 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. Measurement and Basis for Payment WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 012901-1 11-25-2013 B. Bid Item A 2a — 4" Clean -outs, complete in place, per each: 1. Payment will be made at the unit price for each cleanout installed complete in place from the residence to the bend as shown on typical easement clean-out assembly. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each assembly. C. Bid Item A -2b — 6" Clean -outs, complete in place, per each: 1. Payment will be made at the unit price for each cleanout installed complete in place from the residence to the bend as shown on typical easement clean-out assembly. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each assembly. D. Bid Item A-3 — Remove and replace all 4" pipe from the property line/utility easement to and including the bend, complete in place per linear foot: 1. Payment will be made at the unit price for each cleanout installed complete in place from the residence to the bend as shown on typical easement clean-out assembly. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each assembly. E. Bid Item A-4 — Remove and replace all 6" pipe from the property line/utility easement to and including the bend, complete in place per linear foot: 1. Payment will be made at the unit price for each cleanout installed complete in place from the residence to the bend as shown on typical easement clean-out assembly. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each assembly. F. Bid Item A-5 — Remove and replace all 4" pipe from the bend to the main, where main depth is 0 to five feet, complete in place per linear foot: 1. Payment will be made at the unit price per linear foot to install 4" pipe from the bend to the main as shown on typical easement clean-out assembly. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each assembly. G. Bid Item A -5a — Remove and replace all 4" pipe from the bend to the main, where main depth is 5 to ten feet, complete in place per linear foot: 1. Payment will be made at the unit price per linear foot to install 4" pipe from the bend to the main as shown on typical easement clean-out assembly. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each assembly. H. Bid Item A -5b — Remove and replace all 4" pipe from the bend to the main, where main depth is over ten feet, complete in place per linear foot : 1. Payment will be made at the unit price per linear foot to install 4" pipe from the bend to the main as shown on typical easement clean-out assembly. This payment will include all costs for labor, materials, equipment, and any incidentals. Measurement and Basis for Payment 0129 01- 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 2. This item will be measured as an "Each" unit for each assembly. I. Bid Item A-6 — Remove and replace all 6" pipe from the bend to the main, where main depth is 0 to five feet, complete in place per linear foot: 1. Payment will be made at the unit price per linear foot to install 6" pipe from the bend to the main as shown on typical easement clean-out assembly. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each assembly. J. Bid Item A -6a — Remove and replace all 6" pipe from the bend to the main, where main depth is 5 to ten feet, complete in place per linear foot: 1. Payment will be made at the unit price per linear foot to install 6" pipe from the bend to the main as shown on typical easement clean-out assembly. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each assembly. K. Bid Item A -6b — Remove and replace all 6" pipe from the bend to the main, where main depth is over ten feet, complete in place per linear foot: 1. Payment will be made at the unit price per linear foot to install 6" pipe from the bend to the main as shown on typical easement clean-out assembly. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each assembly. L. Bid Item A-7 —Trench Safety Measures, complete in place per linear foot: 1. This item will be paid for by the unit price per linear foot of trench safety shoring installed for excavated trenches over 5 feet deep, and it includes all labor, materials, equipment and incidentals. 2. This item will be measured by the linear foot of shoring installed. M. Bid Item A-8 — Install new taps to main in accordance with City standard plans and specifications replacing (1) one joint of main, where main depth is 0 to 5 feet, complete in place per each: 1. This item will be paid for by the unit price for each new tap installed to include the removal and replacement of one (1) joint of main line pipe. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each new tap installation. N. Bid Item A -8a — Install new taps to main in accordance with City standard plans and specifications, replacing (1) one joint of main, where main depth is 5 to 10 feet, complete in place per each: 1. This item will be paid for by the unit price for each new tap installed to include the removal and replacement of one (1) joint of main line pipe. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each new tap installation. Measurement and Basis for Payment 0129 01- 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 O. Bid Item A -8b — Install new taps to main in accordance with City standard plans and specification, replacing (1) one joint of main, where main depth is over 10 feet, complete in place per each: 1. This item will be paid for by the unit price for each new tap installed to include the removal and replacement of one (1) joint of main line pipe. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured as an "Each" unit for each new tap installation. P. Bid Item A-9 — Additional main line removal and replacement complete in place per linear foot: 1. This item will be paid for by the unit price per linear foot of additional main line removed and replaced, over and above the one (1) joint installed in item 8b above and will include all costs for labor, materials, equipment, and incidentals. 2. This item will be measured by the linear foot of mainline installed. Bid Item A-10 — Remove and reinstall existing fence, complete in place per linear foot: 1. This item will be paid for by the unit price per linear foot for the removal and replacement of existing fence and of the same material as the existing fence, and will include all costs for labor, materials, equipment, and incidentals. 2. This item will be measured by the linear foot of new fence installed. R. Bid Item A-11 — Sod, complete in place per square foot: 1. This item will be paid for by the unit price per square foot of sod installed including top soil filling, and will include all costs for labor, materials, equipment, and any incidentals. Q. 2. This item will be measured by the square foot of sod installed. S. Bid Item A-12 — Concrete flatwork repair (driveways, sidewalks), in accordance with City standard plans and specifications, complete in place per square foot: 1. This item will be paid for by the unit price per square foot for the repair of concrete driveways and sidewalks, and will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured by the square foot of concrete repair. T. Bid Item A-13 — Closed circuit television pipeline inspection of service line/taps (1 foot to 40 feet) from the clean-out down to the sewer main (see technical specification T-2), complete in place per each: 1. This item will be paid for by the unit price for each closed circuit television pipeline inspection of service line/taps for up to 40 feet from the cleanout down to the sewer main. This payment will include all costs for labor, materials, equipment, and incidentals. 2. This item will be measured as an "Each" unit of 1 to 40 feet inspections. Measurement and Basis for Payment 0129 01- 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 U. Bid Item A -14a — Closed circuit television pipeline inspection of replaced mains. Contractor must televise, after rehabilitation, the replaced main portion or, a minimum of ten feet in both directions from new main tap, whichever is greater (see technical specification T-2), complete in place per linear foot: 1. This item will be paid for by the unit price per linear foot of closed circuit television pipeline inspections of existing main line, and it will include all costs for labor, materials, equipment, and incidentals. 2. This item will be measured by the linear foot of existing main line inspected. V. Bid Item A -14b — Closed circuit television pipeline inspection of exposed and accessible existing mains. Contractor must televise a minimum of ten feet in both directions from existing main tap (see technical specification T-2), complete in place per linear foot: 1. This item will be paid for by the unit price per linear foot of closed circuit television of exposed and accessible and existing mains. This payment will include all costs for labor, materials, equipment, and any incidentals. 2. This item will be measured by the linear foot of existing main line inspected. W. Bid Item A-15 — Flexible base -Limestone repair, complete in place per square yard: 1. This item will be paid for by the unit price per square yard of limestone base repair, and will include all costs for labor, materials, equipment, and incidentals. 2. This item will be measured by the square yard of limestone base repaired. X. Bid Item A-16 — Asphalt pavement repair (HMAC), complete in place per square yard: 1. This item will be paid for by the unit price per square yard of HMAC asphalt pavement repair, and it will include all costs for labor, materials, equipment, and incidentals. 2. This item will be measured by the square yard of asphalt pavement repaired. Y. Bid Item A-17 — Installation of driveway clean-out boot, complete in place per each: 1. This item will be paid for by the unit price for each installation of driveway clean-out boot, complete in place, and it will include all costs for labor, materials, equipment, and incidentals. 2. This item will be measured as an "Each" unit of installation. Z. Bid Item A-18 — Install new taps to main in accordance with City standard plans and specifications replacing (1) one joint of main penetrating the manhole, complete in place per each: 1. This item will be paid for by the unit price for each new tap to the main line which includes replacing one joint of pipe penetrating the manhole, and will include all costs for labor, materials, equipment, and incidentals. 2. This item will be measured as an "Each" unit for each new tap installation. ZZ. Bid Item A-19 — Curb and Gutter Replacement, complete in place per linear foot: 1. This item will be paid for by the unit price per linear foot of curb and gutter removed and replaced including any subgrade and base work and will include all costs for labor, materials, equipment, and incidentals. Measurement and Basis for Payment WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 012901-5 11-25-2013 2. This item will be measured by the linear foot of new curb and gutter installed. AA. Bid Item B-1— Sanitary sewer manhole ring and cover adjustments, including new manhole ring and cover assembly with new height adjustment rings, stainless steel inflow inhibitor and with concrete collar, complete in place per each. 1. This item will be paid for by the unit price for each sanitary sewer manhole adjusted including new manhole ring and cover assembly with new height adjustment rings, stainless steel inflow inhibitor and concrete collar, complete in place. This includes all costs for materials, labor, equipment and incidentals. 2. This item will be measured by "Each" manhole adjusted, complete in place. BB. Bid Item B-2 — Removal and replacement of pavement, pavement repairs, complete in place per square yard. 1. This item will be paid for by the unit price per square yard of asphalt pavement repaired using HMAC asphalt and will include materials, labor, equipment and incidentals. 2. The item will be measured by "Each" manhole adjusted, complete in place. CC. Bid Item C-1 — Storm water manhole ring and cover adjustments, including new manhole ring and cover assembly and with concrete collar, complete in place per each. 1. This item will be paid for by the unit price for each storm water manhole adjusted including new manhole ring and cover assembly with new height adjustment rings and concrete collar, complete in place. This will include all costs for labor, materials, equipment, and incidentals. 2. This item will be measured by "Each" manhole adjusted, complete in place. DD. Bid Item C-2 — Removal and replacement of pavement, pavement repairs, complete in place per square yard: 1. This item will be paid for by the unit price per square yard of asphalt pavement repaired using HMAC asphalt and will include all costs for labor, materials, equipment, and incidentals. 2. This item will be measured by the square yard of pavement repaired with HMAC. 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR ALTERNATES AND ALLOWANCES A. Bid Item G-01 — Allowance for Unanticipated Wastewater Cleanout Installations. 1. Allowances for unanticipated cleanout installations will be paid for based on the Contractor's proposal for performing the items directed by the Engineer and will include all labor materials, equipment, and any other costs associated with such directive. 2. Measurements will be based on the types of items that require unanticipated General Improvements. Measurement and Basis for Payment 0129 01- 6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment 01 29 01- 7 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 01 3100 PROJECT MANAGEMENT AND COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish resources required to complete the Project with an acceptable standard of quality within the Contract Times. B. Construct Project in accordance with current safety practices. C. Manage Site to allow access to Site and control construction operations. D. Construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. E. Provide temporary controls for pollutions, management of water and management of excess earth as required in SECTION 01 57 00 TEMPORARY CONTROLS. 1.02 QUALITY ASSURANCE A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents. B. Remove Defective Work from the Site immediately unless provisions have been made and approved by the OPT to allow repair of the product at the Site. Clearly mark Work as Defective until it is removed or allowable repairs have been completed. 1.03 DOCUMENT SUBMITTAL A. Provide documents in accordance with SECTION 01 33 00 DOCUMENT MANAGEMENT. 1. Provide copies of Supplier's printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. 2. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Drawings. 1.04 PERMITS A. Obtain building permits for the Project from the local authorities having jurisdiction. Pay building permit fees and include this cost in the Contract Price. B. Obtain environmental permits required for construction at the Site. C. Provide required permits for transporting heavy or oversized loads. D. Provide other permits required to conduct any part of the Work. E. Arrange for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. G. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license. Project Management and Coordination 01 3100 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 1.05 SAFETY REQUIREMENTS A. Manage safety to protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide protective devices to warn and protect from hazards at the Site. C. Provide safe access for those performing tests and inspections. D. Comply with latest provisions of the Occupational Health and Safety Administration and other Laws and Regulation. E. Cooperate with accident investigations. Provide two copies of all reports, including insurance company reports, prepared concerning accidents, injury, or death related to the Project to the OAR as Record Data per SECTION 01 33 03 RECORD DATA. 1.06 ACCESS TO THE SITE A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Roadways may not be approved for construction traffic. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Owner as Record Data per SECTION 01 33 03 RECORD DATA. 1.07 CONTRACTOR'S USE OF SITE A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the OAR. Coordinate the use of the premises with the OAR. B. Provide security at the Site as necessary to protect against vandalism and loss by theft. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures as discussed in SECTION 01 57 00 TEMPORARY CONTROLS. E. Park employees' vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately -owned land outside of the Owner's property, rights-of-way, or easements. Project Management and Coordination 01 3100 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN [14025 11-25-2013 G. Do not allow the use of audio devices, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped, or soiled clothing to be worn on the Project. I. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons immediately from the Site. 1.08 PROTECTION OF EXISTING STRUCTURES AND UTILITIES A. Examine the Site and review the available information concerning the Site. Locate utilities, streets, driveways, fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report any discrepancies from information in the Contract Documents to the OAR before beginning construction. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES. Coordinate Work with local utility company and others for the relocation or replacement. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damaged items to the satisfaction of the OPT and utility owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or approved by the OAR. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines, or other obstructions. E. Protect existing trees and landscaping at the Site. 1. Identify trees that may be removed during construction with OPT. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 4. Protect root zone from compaction. 1.09 PRE -CONSTRUCTION EXPLORATORY EXCAVATION: NOT APPLICABLE A. Excavate and expose existing pipelines that cross within 20 feet of Project pipelines prior to any Work. Survey the line to determine its exact vertical and horizontal location at each point the existing pipeline may potentially conflict with the Work. Project Management and Coordination 01 3100 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 B. Excavate and expose existing parallel pipelines at 300 feet intervals (maximum) for existing pipelines which are within 10 feet of Project pipelines. Survey the line to determine its exact vertical and horizontal location at each point where the line is excavated and exposed. C. Prepare a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES indicating the owner of pipelines excavated and surveyed and all pertinent survey data, including the station where lines cross or conflicts may exist and the distance to the pavement centerline and elevations of the top of existing pipelines. D. Do not perform Work on the Project until all exploratory excavations have been completed and the Plan of Action has been approved by the Designer. E. Include the cost for these pre -construction exploratory excavations in the unit price for pipe construction. Pavement repairs associated with exploratory excavations will be paid for at the unit prices for pavement repair. 1.10 DISRUPTION TO SERVICES / CONTINUED OPERATIONS A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner or utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum. 1. Do not restrict access to critical valves or operators. 2. Limit operations to the minimum amount of space needed to complete the specified Work. 3. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. B. Provide a Plan of Action in accordance with SECTION 01 35 00 SPECIAL PROCEDURES if facilities must be taken out of operation. 1.11 FIELD MEASUREMENTS A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. D. Include field measurements in Record Drawings as required in SECTION 01 31 13 PROJECT COORDINATION. 1.12 REFERENCE DATA AND CONTROL POINTS : NOT APPLICABLE A. The OPT will provide the following control points: 1. Base line or grid reference points for horizontal control. 2. Benchmarks for vertical control. Project Management and Coordination 01 3100 - 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Designated control points may be on an existing structure or monument. Do not change or relocate points without prior approval of the OAR. Notify OAR when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey. C. Provide complete engineering layout of the Work needed for construction. 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms, tools, and materials. 2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record Data and measurements per standards. 1.13 DELIVERY AND STORAGE A. Deliver products and materials to the Site in time to prevent delays in construction. B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in packages or other containers until installed. C. Assume full responsibility for the protection and safekeeping of products stored at the Site. D. Store products at locations acceptable to the OAR and to allow Owner access to maintain and operate existing facilities. E. Store products in accordance with the Supplier's storage instructions immediately upon delivery. Leave seals and labels intact. F. Provide additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather -tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control, and ventilation within the ranges stated in the Supplier's instructions. Remove storage facilities at the completion of the Project. G. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. Project Management and Coordination 01 3100 - 5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 2. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. 4. Provide surface drainage to prevent erosion and ponding of water. 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. 7. Store light weight products to prevent wind damage. I. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements; 2. Supplier's required environmental conditions are continually maintained; and 3. Products that can be damaged by exposure to the elements are not adversely affected. J. Replace any stored item damaged by inadequate protection or environmental controls. K. Payment may be withheld for any products not properly stored. 1.14 CLEANING DURING CONSTRUCTION A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air -borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations. B. Clean the Project as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Provide containers on Site for waste collection. Do not allow waste materials or debris to blow around or off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible. C. Comply with Laws and Regulations. Do not burn or bury waste materials. Remove waste materials, rubbish and debris from the Site and legally dispose of these at public or private disposal facilities. D. Provide a final cleaning to thoroughly clean the entire Site and make ready for acceptance. 1. Remove construction debris, boxes, and trash from the Site. 2. Remove construction storage sheds and field offices. 3. Restore grade to match surrounding condition and remove excess dirt. 4. Sweep all drives and parking lots clean of dirt and debris. Use water trucks or hose down paved site to like new appearance. Project Management and Coordination 01 3100 - 6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 1.15 MAINTENANCE OF ROADS, DRIVEWAYS, AND ACCESS A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicles during all phases of construction unless the Owner approves a street closing. Do not close public roads overnight. B. Submit a Notification by Contractor for Owner's approval of a street closing. The request shall state: 1. The reason for closing the street. 2. How long the street will remain closed. 3. Procedures to be taken to maintain the flow of traffic. C. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). D. Assume responsibility for any damage resulting from construction along roads or drives. 1.16 AREA ACCESS AND TRAFFIC CONTROL A. Provide traffic control measures to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. Provide all-weather access to all residents and businesses at all times during construction. Provide temporary driveways and/or roads of approved material during wet weather. Maintain a stockpile of suitable material on the Site to meet the demands of inclement weather. B. Schedule operations to minimize adverse impact on the accessibility of adjoining properties. Sequence construction to build driveways in half widths, construct temporary ramps, or any other measure required to maintain access to adjoining properties. C. Comply with the Owner's Uniform Barricading Standards and Practices. Copies of this document are available through the Owner's Traffic Engineering Department. Secure required permits from the Owner's Traffic Engineering Department. 1.17 OVERHEAD ELECTRICAL WIRES A. Comply with OSHA safety requirements regarding construction equipment working beneath overhead electrical wires. Prevent and pay for repairs for damage to existing overhead electrical wires or facilities. B. Provide for adequate safety with regard to overhead lines whether overhead lines are or are not shown in the Contract Documents. 1.18 BLASTING A. Blasting is not allowed for any purpose. Project Management and Coordination 01 3100 - 7 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN [14025 11-25-2013 1.19 ARCHAEOLOGICAL REQUIREMENTS A. Cease operations immediately and contact the Owner for instructions if historical or archaeological artifacts are found during construction. B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological artifacts are found or identified as an area where other artifacts could be found. 1. Obtain details for Working in these areas. 2. Maintain confidentiality regarding the Site. 3. Adhere to the requirements of the Texas Historical Commission. 4. Notify the OAR and the Texas Historical Commission. C. Do not disturb archaeological sites. 1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit archaeological work to take place within the area. a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract Times will be modified to compensate for delays caused by such archaeological finds. No additional compensation will be paid for delays. 1.20 ENDANGERED SPECIES RESOURCES A. Do not perform any activity that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. B. Cease Work immediately in the area of the encounter and notify the OAR if a threatened or endangered species is encountered during construction. OPT will implement actions in accordance with the ESA and applicable State statutes. Resume construction in the area of the encounter when authorized to do so by the OAR. 1.21 COOPERATION WITH PUBLIC AGENCIES A. Cooperate with all public and private agencies with facilities operating within the limits of the Project. B. Provide a 48-hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Texas 811 at 811 and the Lone Star Notification Company at 1-800-669-8344. Project Management and Coordination 01 3100 - 8 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 826-3500 Project Engineer: Felix H. Ocanas, Jr., P.E. ECMS LLC 361-549-4576 Traffic Engineering 826-3540 Police Department 882-2600 Water Department 826-1881 (826-1888 after hours) Wastewater Department 826-1800 (826-1818 after hours) Gas Department 885-6900 (885-6913 after hours) Storm Water Department 826-1875 (826-3140 after hours) Parks & Recreation Department 826-3461 Streets and Solid Waste Services 826-1940 AEP 1-877-373-4858 SBC / AT&T 881-2511 (1-800-824-4424 after hours) City Street Div. for Traffic Signal/ Fiber Optic Locate 826-1946 826-3547 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 Regional Transportation Authority 289-2712 Port of Corpus Christi Authority Eng. 855-6153 TxDOT Area Office 808-2384 Corpus Christi ISD 886-9005 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Project Management and Coordination WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 013100-9 11-25-2013 01 31 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 0131 13 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 0131 13 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 0131 13 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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. Project Coordination 0131 13 - 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 4. Modifications. 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) Valves, unions, traps, and tanks. 3) Outlets. d. Changes of dimension and detail. Project Coordination WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 013113-5 11-25-2013 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 RFIs. 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 0131 13 - 6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 01 31 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 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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. c. Will provide the same warranties and/or bonds as for the product specified. d. 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. 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 01 31 14 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 01 31 14 - 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 01 33 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 01 33 00 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 01 40 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 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 013300-3 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Document Management 01 33 00 - 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 0133 02 SHOP DRAWINGS LOO 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 Sop Drawing,l�ipt on Schedule of shop drawings to be submitted Contractor quality control plan Progress schedules Temporary control items Data and test results for all materials Update progress schedule if more than 30 days behind schedule Quality control issues reports Requests for approval of "or equal" products, if allowed Shop Drawings WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM EY -2014/15 — PN E14025 013302-1 11-25-2013 Specification Section Strap lE raa nitg Description. Field measurements for payment purposes B. Include Shop Drawings in the Schedule of Documents required by SECTION 0133 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 0133 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; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; Shop Drawings WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 013302-2 11-25-2013 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 0133 02 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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. 8. 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 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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. g. 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. 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. S. 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 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 0131 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 0133 02 - 6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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. Shop Drawings 0133 02 - 7 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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. 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 0133 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 Shop Drawings 0133 02 - 8 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 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. g. 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. Shop Drawings 0133 02 - 9 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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. 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. Shop Drawings 01 33 02 - 10 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Shop Drawings WASTEWATER SERVICE UNE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 01 33 02 - 11 11-25-2013 01 33 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 Schedule of values for pre -con meeting Applications for payment List of subcontractors and suppliers Requests for change orders Requests for substitution Requests for information Field observations, problems, conflicts Field orders Notification of testing required Claims Contract modifications Requests for clarifications and interpretations of contract docs Record Data WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 013303-1 11-25-2013 Specification Section Record Data Description Archeological findings reports Endangered species encounters reports 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 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; Record Data 01 33 03 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 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. Record Data 01 33 03 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 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. 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 Record Data 01 33 03 - 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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: 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." Record Data 01 33 03 - 5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Record Data 01 33 03 - 6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 01 33 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: Construction Progress Schedule 0133 04 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 1. Give early warning of delays in time for correction. 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 0133 04 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 0133 04 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Construction Progress Schedule 0133 04 - 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 adequate lighting to allow OPT observations; and j. Make Contract Documents available to testing agencies when requested. Quality Management 0140 00 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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; 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 Quality Management 0140 00 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 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. Quality Management 0140 00 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 they are not in compliance 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; e. Date and time of sampling, inspection, and testing; f. Date the report was issued; Quality Management 0140 00 - 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 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 Quality Management 0140 00 - 5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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.B.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. 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. Quality Management 0140 00 - 6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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. J• 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. Quality Management WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 014000-7 11-25-2013 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 0140 00 - 8 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED: (A FIELD OFFICE IS NOT REQUIRED FOR THIS PROJECT) 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. P. 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. Temporary Facilities and Controls 01 50 00 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site. 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 N/A 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. Temporary Facilities and Controls 01 50 00 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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. 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: NOT USED 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. Temporary Facilities and Controls 01 50 00 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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. 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 01 50 00 - 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 01 57 00 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 Temporary Controls 01 57 00 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 erosion and sedimentation control system that will protect all undisturbed areas and soil 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 01 57 00 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 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 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. 1.10 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] [Oso Creek] [Laguna Madre] [CC Ship Channel]. E. Testing of groundwater quality is to be performed by the Owner, at the Owner's expense, prior to commencing discharge and shall be retested by the Owner, at the Owner's Temporary Controls 01 57 00 - 4 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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. Owner 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. 1.11 DISPOSAL OF CONTAMINATED GROUNDWATER: NOT APPLICABLE A. An allowance will be included in the Bid for the unanticipated disposal of contaminated groundwater. This allowance may not be needed but is provided in case contaminated groundwater is encountered during the course of the Project and does not meet the water quality requirements for discharge into the storm water or wastewater systems. This allowance includes all materials, tools, equipment, labor, transportation, hauling, coordination, and proper disposal of the contaminated water at an approved landfill, deep water injection well, or other site as agreed to by the Designer. Suggested disposal facilities would be [US Ecology (USET) in Robstown, Texas or Texas Molecular in Corpus Christi, Texas]. B. The payment for this Work will be based on the Contractor's actual costs and will be negotiated. Payment will not include costs associated with dewatering which is paid for under [Bid Items X, Y, Z]. 1.12 DISPOSAL OF HIGHLY CHLORINATED WATER A. Dispose of water used for testing, disinfection, and line flushing. Comply with Owner's requirements and Laws and Regulation regarding the disposal of contaminated water, including water with levels of chlorine, which exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. Comply with the requirements of all regulatory agencies in the disposal of all water used in the Project. Include a description and details for disposal of this water in a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES. Do not use the Owner's sanitary sewer system for disposal of contaminated water. 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials that comply with Laws and Regulations. Temporary Controls 01 57 00 - 5 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 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 01 57 00 - 6 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 01 70 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. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and Execution and Closeout Requirements 01 70 00 - 1 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 5. 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. 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. Equipment installation reports on equipment. D. Shop Drawings, Record Data, and other documents as required by the Contract Documents. E. Evidence of continuing insurance and bond coverage as required by the Contract Documents. F. Final Photographs per SECTION 01 33 05 VIDEO AND PHOTOGRAPHIC DOCUMENTATION. 1.07 TRANSFER OF UTILITIES (NOT APPLICABLE) 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. Execution and Closeout Requirements 01 70 00 - 2 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 1. Provide a log of all equipment covered under the 1 year correction period specified in the General Conditions and 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; 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. g. 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. E. Submit warranties, bonds and services agreements within 10 days after equipment or components placed in service. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Execution and Closeout Requirements 01 70 00 - 3 WASTEWATER SERVICE LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY -2014/15 — PN E14025 11-25-2013 SECTION 022020 EXCAVATION AND BACKFILL FOR UTILITIES AND SEWERS (S-9) 1. DESCRIPTION This specification shall govern all work for excavation and backfill for utilities and sewers required to complete the project. 2. CONSTRUCTION (1) Unless otherwise specified on the plans or permitted by the Engineer, all sewers, pipe, and conduit shall be constructed in open cut trenches with vertical sides. Trenches shall be sheathed and braced as necessary throughout the construction period. Sheathing and bracing shall be the responsibility of the Contractor (Section 022022). Trenches shall have a maximum width of one foot beyond the horizontal projection of the outside surfaces of the pipe and parallel thereto on each side unless otherwise specified. The Contractor shall not have more the 200 feet of open trench left behind the trenching operation and no more then 500 feet of ditch behind the ditching machine that is not compacted as required by the plans and specification. No trench or excavation shall remain open after working hours. For all utility conduit and sewer pipe to be constructed in fill above natural ground, the embankment shall first be constructed to an elevation not less than one foot above the top of the pipe or conduit after which excavation for the pipe or conduit shall be made. If quicksand, muck, or similar unstable material develop or is encountered during the excavation, the following procedure shall be used unless other methods are called for on the plans. If the unstable condition is a result of ground water, the Contractor, prior to additional excavation shall control it. After stable conditions have been achieved, unstable soil shall be removed or stabilized to a depth of 2 feet below the bottom of pipe for pipes 2 feet or more in height; and to a depth equal to the height of pipe, 6 inch minimum, for pipe less then 2 feet in height. Such excavation shall be carried at least 1 foot beyond the horizontal limits of the structure on all sides. All unstable soil so removed shall be replaced with suitable stable material, placed in uniform layers of suitable depth as directed by the Engineer, and each layer shall be wetted, if necessary, and compacted by mechanical tamping as required to provide a stable condition. For unstable trench conditions requiring outside forms, seals, sheathing, and bracing, any additional excavation and backfill required shall be done at the contractor's expense. (2) Shaping of Trench Bottom. The trench bottom shall be undercut a minimum depth sufficient to accommodate the class of bedding indicated in the plans and specification. (3) Dewatering Trench. Pipe or conduit shall not constructed or laid in a trench in the presence of water. All water shall be removed from the trench sufficiently prior to the pipe or conduit planing operation insure a relatively dry (no standing water), firm bed. The trench shall be 022020 10/26/2000 Page 1 of 3 maintained in such dewatered condition until the trench has been backfilled to a height at lease one -foot above the top of pipe. Removal of water may be accomplished by bailing, pumping, or by a well -points installation as conditions warrant. Removal of well -points shall be at rate of 1/3 per 24 hours (every third well -point). (4) Excavation in Streets. Excavation in streets, together with the maintenance of traffic where specified, and the restoration of the pavement riding surface shall be in accordance with plan detail, or as required by other applicable specifications. (5) Removing Old Structures. When old masonry structures or foundations are encountered in the excavation, such obstructions shall be removed for the full width of the trench and to a depth of 1 -foot below the bottom of the trench. When old inlets or manholes are encountered and no plan provision is made for adjustment or connection to the new utility, such manholes and inlets shall be removed completely to a depth 1 -foot below the bottom of the trench. In each instance, the bottom to the trench shall be restored to grade by backfilling and compacting by the methods provided hereinafter for backfill. Where the trench cuts through storm or sanitary sewers which are known to be abandoned, these sewers shall be cut flush with sides of the trench and blocked with a concrete plug in a manner satisfactory to the Engineer. (6) Protection of Utilities. The Contractor shall conduct his work such that a reasonable minimum of disturbance to existing utilities will result. Particular care shall be exercised to avoid the cutting or breakage of water and gas lines. Such lines, if broken, shall be restored promptly by the Contractor. When active sanitary sewer lines are cut in the trenching operations, temporary flumes shall be provided across the trench, while open, and the lines shall be restored when the backfilling has progressed to the original bedding lines of the sewer so cut. The Contractor shall inform utility owners sufficiently in advance of the Contractor's operations to enable such utility owners to reroute, provide temporary detours, or to make other adjustments to utility lines in order that the Contractor may proceed with his work with a minimum of delay. The Contractor shall not hold the City liable for any expense due to delay or additional work because of utility adjustments or conflicts. (7) Excess Excavated Material. All materials from excavation not required for backfilling the trench shall be removed, by the Contractor, from the job site promptly following the completion of work involved. (8) Backfill A. Backfill Procedure Around Pipe All trenches and excavation shall be backfilled as soon as is practical after the pipes or conduits are properly laid. In addition to the specified pipe bedding material, the backfill around the pipe as applicable, shall be select material as described by Standard Specification 022100 "Select Material", free of large hard lumps, or other debris. The backfill shall be deposited in the trench simultaneously on both sides of the pipe for the full width of the trench, in layers not to exceed six (6) inches (loose measurement), wetted if required to obtain proper compaction, and thoroughly compacted by mechanical tampers. A 022020 10/26/2000 Page 2 of 3 thoroughly compacted material shall be in place between the external wall of the pipe and the undisturbed sides of the trench and to a level twelve (12) inches above the top of the pipe. B. Backfill Over One Foot Above Pipe The backfill for that portion of trench over (1) foot above the pipe or conduit shall be selected excavated material free of hard lumps, rock fragments, or other debris, placed in layers not more than 6 inches in depth (loose measurement), wetted if required and thoroughly compacted by use of mechanical tampers to the natural bank density and not less than 95% Std. Proctor. Flooding of backfill is not allowed. Jetting of backfill will be allowed in sandy soils and in soils otherwise approved by the Engineer. Regardless of backfill method, no lift shall exceed one foot and density shall not be less than 95% Std. Proctor. A period of not less than twenty-four (24) hours shall lapse between the time of jetting and the placing of the top four (4) feet of backfill. When indicated on the plans or at utility line crossings that are under pavements, trenches shall be backfilled to the road base with ❑Hasty Backfill" cement -stabilized sand containing a minimum of 1❑ sacks of standard Type I Portland cement per cubic yard of sand. 3. MEASUREMENT AND PAYMENT Unless indicated otherwise in the Proposal, Excavation and backfill for utilities and sewers shall not be measured and paid for separately. It shall be considered subsidiary to the items for which the excavation is required. 022020 10/26/2000 Page 3 of 3 SECTION 022022 TRENCH SAFETY FOR EXCAVATIONS 1. DESCRIPTION This specification shall govern all work for providing for worker safety in excavations and trenching operations required to complete the project. 2. REQUIREMENTS Worker Safety in excavations and trenches shall be provided by the Contractor in accordance with Occupational Safety and Health Administration (OSHA) Standards, 29 CFR Part 1926 Subpart P - Excavations. It is the sole responsibility of the Contractor, and not the City or Engineer, to determine and monitor the specific applicability of a safety system to the field conditions to be encountered on the job site during the project. The Contractor shall indemnify and hold harmless the City and Engineer from all damages and cost that may result from failure of methods or equipment used by the Contractor to provide for worker safety. Trenches as used herein, shall apply to any excavation into which structures, utilities, or sewers are placed regardless of depth. Trench Safety Plan as used herein, shall apply to all methods and materials used to provide for worker safety in excavation and trenching operations required during the project. 3. MEASUREMENT AND PAYMENT Measurement of Trench Safety shall be by the linear foot of trench, regardless of depth. Measurement shall be taken along the centerline of the trench. Measurement for Excavation Safety for Utility Structures shall be per each excavation. Excavations include, but are not limited to, those for manholes, vaults, pits and other such structures that are incidental to utility work. Measurement for Excavation Safety for Special Structures shall be by as a lump sum for each special structure identified in the proposal. Payment shall be at the unit price bid and shall fully compensate the Contractor for all work, equipment, materials, personnel, and incidentals as required to provide for worker safety in trenches and excavations for the project. Revision current for Texas Code Chapter 756 Subchapter C. Trench Safety. 022022 10/26/2000 Page 1 of 1 SECTION 022100 SELECT MATERIAL (S-15) 1. DESCRIPTION This specification shall govern the use of select material to be used to treat designated sections of roadways, embankments, trenches, etc. Select material shall be a mixture of sand and clay or other suitable granular material. The material shall be free from vegetation, debris and clay lumps. That portion of the select material passing a 40 -mesh sieve shall have a liquid limit of 45 maximum, a plasticity index range from 6 to 13, and a calculated linear shrinkage of 8.5 maximum. 2. CONSTRUCTION METHODS Select material shall be mixed uniformly and placed in layers not to exceed 6" loose depth. The material shall be brought to the wet side of optimum moisture content and compacted to a minimum of 95% Standard Proctor Density or as specified on the drawings. Each layer shall be complete before the succeeding layer is placed. The finished surface of the select material shall conform to the grade and section shown on the plans. 3. MEASUREMENT & PAYMENT Unless indicated otherwise in the Proposal, select material shall not be measured for pay, but shall be subsidiary to the appropriate bid item. 022100 1/18/01 Page 1 of 1 SECTION 025205 PAVEMENT REPAIR, CURB, GUTTER, SIDEWALK, & DRIVEWAY REPLACEMENT (S-54) 1. DESCRIPTION This specification shall govern the removal and replacing of all types of pavement and surfacing required to complete the project. 2. MATERIALS Unless otherwise specified on the plans, materials and proportions used along with this specification shall conform to the respective following specifications: 025424 "Hot Mix Asphalt Pavement"; 025610 "Concrete Curb and Gutter"; and 025612 "Concrete Sidewalks and Driveways", Class "A" concrete per 030020 "Portland Cement Concrete"; 032020 "Reinforcing Steel"; 038000 "Concrete Structures". 3. METHOD OF CUTTING The outline of the trench shall be marked upon the surface of the pavement to be cut, and all cuts into the pavement shall be saw cut as nearly vertical as it is possible to make them. All unwanted materials removed shall be disposed of by the contractor and shall not be used as backfill material. 4. BACKFILL OF TRENCH Excavation and backfilling of trench shall be in accordance with Specification "Excavation & Backfill Utilities and Sewers." 5. REPLACING STREET AND OTHER PAVEMENT All pavements, driveways, sidewalks, and curbs and gutters which are cut shall be replaced in a workmanlike manner, with like or better or per pavement repair details in drawings. 6. REPLACING DRIVEWAY PAVEMENT on all concrete driveway pavements, the replacement shall consist of a reinforced Class "A" concrete slab with a minimum thickness of six (6) inches. The type of finish for the replaced section shall be the same as that appearing on the old pavement. Reinforcement shall be #4 bars at 12" each way. Any other type shall be replaced with like or better replacement. 7. REPLACING SIDEWALKS On all sidewalk pavements, the replacement shall consist of a reinforced Class "A" concrete slab four (4) inches thick. The type of finish for the replaced section shall be the same as that appearing on the old sidewalk. Replacement shall, in general, be to original joint or score marks. Reinforcement shall be 4" x 4" - W2.9 welded wire fabric. Shell or asphalt sidewalks shall be replaced with caliche or asphalt surface. 025205 1/18/01 Page 1 of 2 8. REPLACING CURB AND GUTTER On all curb and gutter, the replacement shall consist of a section conforming in all details to the original section or to City Standard if required by the Engineer. Cuts through the curb shall be replaced with Class "A" concrete. Preserve original steel and reinforce all new curbs with 3 - #4 bars. Adjust grades for drainage. 9. REPAIRING STREET SHOULDERS AND UNIMPROVED STREETS On streets or roads without curb and gutter, where a shoulder is disturbed it shall be restored to like or better condition. The shoulder surface shall be rolled to an acceptably stable condition. 10. MEASUREMENT AND PAYMENT Unless indicated otherwise in the proposal, Pavement Repair shall be measured by the square yard, curb and gutter replacement shall be measured by the linear foot, sidewalk and driveway replacement shall each be measured by the square foot. Payment will be made at the unit price bid for the completed work and will include all labor, materials, equipment, tools and incidentals, required to complete the work. 025205 1/18/01 Page 2 of 2 SECTION 025220 FLEXIBLE BASE - CHEMICALLY STABILIZED(S-24) 1. Description This Specification shall govern all work for furnishing and placing Flexible Base Chemically Stabilized required to complete the project. 2. Material The material shall consist of Caliche, limestone, crushed stone, crushed gravel, Crushed Concrete, and sand, and shall be free of vegetation. The material shall be approved by the Engineer. All acceptable material shall be screened and the oversize shall be crushed and returned to the screened material in such a manner that a uniform product will be produced. Percentage (a) Gradation Limits (Before & After Compaction) Passing 2" Sieve 100 Passing 1" Sieve 75-95 Passing 3/8" Sieve 40-75 Passing No. 4 Sieve 30-60 Passing No. 10 Sieve 20-45 Passing No. 40 Sieve 15-30 Passing No. 200 Sieve 5-15 (b) A representative sample of the raw base material shall be slaked for twenty-four (24) hours and then the washed minus 40 material shall have: Liquid Limit (L.L.) 45 max. Plasticity Index (P.I.) 16 max. (c) A representative sample of the material shall be tested in accordance with ASTM C-131 for abrasion loss. The maximum loss shall not exceed 55%. (d) All "Flexible Base" shall be stabilized with lime at a minimum application rate of 1.8 lb. of lime per square yard for each 1" of in place thickness. (e) The stabilized material shall be tested in accordance with AASHTO T193 and the CBR shall not be less than 95 at a density of 100% (modified proctor) AASHTO T180, based on 140 degree curing for the samples for 72 hours. 3. Testing The City will engage a laboratory and pay for one test each gradation, L.L., P.I., before and after lime admixing and moisture -density relation, and necessary field densities. The Engineer may call for additional tests at any time. The cost of all retests, in case of failure to meet specifications, will be deducted from the Contractor's payment. The City will pay for proctor and soil constants and abrasion tests, with or without lime admix, at the rate of one test for each 1,500 square yards. If material changes and this ratio of tests increases, the Contractor shall pay the cost of additional tests required by the Engineer. The Engineer may waive testing and/or lime admix for small amounts for unimportant uses. 025220 Rev 6/21/07 Page 1 of 2 4. Construction Methods Prior to placement of base, the surface of the previous course shall be finished true to line and grade as established and in conformity with the typical section shown on the plans. Grade tolerance shall be generally 1/2 inch, and highs and lows must approximately balance. Caliche shall be delivered and spread the same day if possible (no later than the next day). Piles and windrows shall be broken down to the bottom and all nests of coarse or loose material shall be corrected. Mix uniformly, prior to the addition of lime. Lime slurry admix shall be spread at rate required and shall be placed only on that area where mixing can be completed that day. Material shall be mixed with pulverizing type mixer, so designed for this specific purpose, until mixed to the satisfaction of the Engineer. Material shall be shaped and rolled after mixing and allowed to set at least 48 hours before compaction. Moisture content must be maintained in the material during the 48-hour period. Material shall be sprinkled or aerated to optimum moisture and compacted in layers (6 inches maximum loose) by approved power - drawn roller to uniform density of 95% modified proctor (AASHTO T180) on the set side of optimum. Use mechanical tamps in areas inaccessible to rollers. The surface of the compacted base shall be primed 025412, after meeting moisture/density requirements. On completion of compaction and priming, the surface shall be smooth and conform to lines, grades, and sections shown on the plans. Areas with any deviation in excess of 1/4 inch in cross-section and in lengths of 16 feet measured longitudinally shall be corrected by loosening, adding or removing materials, reshaping, and re -compacting by re -priming and rolling. Moisture and density shall be maintained until the paving is complete. 5. Measurement and Payment Unless indicated otherwise in the Proposal, Flexible Base -Chemically Stabilized shall be measured by the square yard. Payment includes all materials, royalty, hauling, labor and equipment to complete. Prime shall be measured by the gallon per square yard, when included in the proposal. 025220 Rev 6/21/07 Page 2 of 2 SECTION 025222 FLEXIBLE BASE - HIGH STRENGTH (S -24A) 1. Description This Specification shall govern all work for furnishing and placing Flexible Base - High Strength required to complete the project. 2. Material The material shall consist of crushed Portland cement concrete, crushed asphalt concrete, crushed masonry, crushed gravel, crushed stone, and sand, and shall be free of vegetation. The material shall be approved by the Engineer. All acceptable material shall be screened and the oversize shall be crushed and returned to the screened material in such a manner that a uniform product will produced. Percentage (a) Gradation Limits (Before & After Compaction) Passing 2" Sieve 100 Passing 1" Sieve 75-95 Passing 3/8" Sieve 40-75 Passing No. 4 Sieve 30-60 Passing No. 10 Sieve 20-45 Passing No. 40 Sieve 15-30 Passing No. 200 Sieve 2-10 (b) A representative sample of the material shall be slaked for twenty-four (24) hours and then the washed minus 40 material shall have: Liquid Limit (L.L.) 25 max. Plasticity Index (P.I.) 6 max. (c) A representative sample of the material shall be tested in accordance with ASTM C-131 for abrasion loss. The maximum loss shall not exceed 45%. (d) A representative sample of material shall be tested in accordance with AASHTO T193 and the CBR shall not be less than 95 at a density of 95% (modified proctor) AASHTO T180. 3. Testing The Engineer may accept recent tests of proof of compliance with the above material specification. The City will engage a laboratory and pay for one test each gradation, L.L., P.I., standard proctor, moisture -density relation, CBR, and necessary field densities. The Engineer may call for additional tests at any time. The cost of all retests, in case of failure to meet specifications, will be deducted from the Contractor's payment. The City will pay for proctor and soil constants and abrasion tests, at the rate of one test for each 1,500 square yards. If material changes and this ratio of one tests increase, the Contractor shall pay the cost of additional tests required by the Engineer. The Engineer may waive testing and/or lime admix for small amounts for unimportant uses. 025222 Rev 11/2/99 Page 1 of 2 4. Construction Methods Prior to placement of base, the surface of the previous course shall be finished true to line and grade as established and in conformity with the typical section shown on the plans. Grade tolerance shall be generally 1/2 inch, and highs and lows must approximately balance. Base shall be delivered and spread the same day if possible (no later than the next day). Base shall be mixed as required to produce a uniform mixture with water. Base shall be placed in uniform lifts not to exceed 6" and compacted to a minimum of 95% of modified proctor, density AASHTO T180 at a moisture content of not less than 1% point below optimum moisture nor more than 3% points above optimum moisture. The surface of the compacted base, after meeting moisture/density requirements, shall be primed in accordance with 025412. On completion of compaction and priming, the surface shall be smooth and conform to lines, grades, and sections shown on the plans. Areas with any deviation in excess of 1/4 inch in cross-section and in lengths of 16 feet measured longitudinally shall be corrected by loosening, adding or removing material, reshaping, and recompacting by repriming and rolling. Moisture and density shall be maintained until the paving is complete. 5. Measurement and Payment Unless indicated otherwise in the Proposal, Flexible Base - High Strength shall be measured by the square yard. Payment includes all materials, hauling, labor and equipment to complete. 025222 Rev 11/2/99 Page 2 of 2 SECTION 025404 ASPHALTS, OILS AND EMULSIONS (S-29) 1. DESCRIPTION This specification shall govern all work for asphalt cement, cut-back asphalts, emulsified asphalts, other miscellaneous asphaltic materials and latex additives 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 this specification. (1) ASPHALT CEMENT. The asphalt cement shall be homogeneous, shall be free from water, shall not foam when heated to 347 F and shall meet the requirements in Table 1. TABLE 1 Viscosity Grade AC -1.5 AC -3 AC -5 AC -10 AC -20 AC -30 Property Min Max Min Max Min Max Min Max Min Max Min Max Viscosity, 140 F, poises 100 200 0.7 - 250 1.1 350 - 400 1.4 600 - 800 1.9 1200 - 1600 2.5 2400 - 2400 3.0 3600 - 275 F, poises Penetration, 77 F 250 - 210 - 135 - 85 - 55 - 45 - 100 g, 5 sec Flash Point, C.O.C., F 425 - 425 - 425 - 450 - 450 - 450 - Solubility in 99. - 99. - 99. - 99. - 99.0 - 99.0 - Trichloroethy lene, % 0 0 0 0 Spot Test Negative for all grades Tests on Residue from Thin Film Oven Test: Viscosity, - 450 - 900 - 150 - 3000 - 6000 - 9000 140 F, poises 100 - 100 - 100 0 100 - 70 - 50 - Ductility, * - 77 F, 5 cm per min., cm 025404 Rev -3/96 Page 1 of 15 *If the ductility at 77 F is less than 100 cm, the material will be acceptable if its ductility at 60 F is more than 100 cm. CAUTION: Heating of asphaltic materials (except emulsions) constitutes a fire hazard. Proper precautions should be used in all cases, especially with RC cutbacks. The utmost care shall be taken to prevent open flames from coming in contact with the asphaltic material or the gases of same. The Contractor shall be responsible for damage from any fires or accidents which may result from heating the asphaltic materials. (2) LATEX MODIFIED ASPHALT. (a) Latex Additive. The latex additive shall be an emulsion of styrene - butadiene low-temperature copolymer in water. The emulsion shall have good storage stability and possess the following properties. Monomer Ratio of Latex, 73 + 5 butadiene to styrene 27 + 5 Minimum Solids Content, - 45 percent by weight Viscosity of Emulsion at 77 + 1 F, cps, max (No. 3 spindle, 20 rpm, Brookfield RVT Viscometer) 2000 The manufacturer shall furnish the actual styrene -butadiene rubber (SBR) content for each batch of latex emulsion. This information shall accompany all shipments to facilitate proper addition rates. (b) Latex Modified Asphalt Cement. The latex modified asphalt cement shall consist of an AC -5 or AC -10 asphalt cement in accordance with Subarticle 300.2 (1) to which a styrene -butadiene rubber latex has been added. The amount shown is based on latex solids in the finished asphalt cement -latex additive blend. Possible combinations and their intended uses are as follows: concrete Material AC -5 + 2% latex solids AC -10 + 2% latex solids Use Surface treatments Surface treatments or asphaltic AC -10 + 3% latex solids Asphaltic concrete AC -10 + 3% latex solids Asphaltic concrete where maximum (High viscosity blend) high temperature toughness is needed. The finished asphalt cement -latex additive blend shall be smooth, homogeneous, and comply with the requirements in Table 2. 025404 Rev -3/96 Page 2 of 15 TABLE 2 Type - Grade Property AC -5 + 2% Latex Solids AC -10 + 2% Latex Solids AC -10 + 3% Latex Solids AC -10 + 3% Latex Solids (High Viscosity Blend) Minimum SBR content, percent by wt. solids (IR determination)* 2.0 2.0 3.0 3.0 Penetration, 100g, 5 sec, 77 F, min 120 80 75 75 Viscosity, 140 F, poises, minimum 700 1300 1600 2300 Viscosity, 275 F, poises, maximum 7.0 8.0 12.0 12.0 Ductility, 39.2 F, lcm/min, cm, minimum - - 100 100 Ductility, 39.2 F, 5 cm/min, cm, minimum 70 6C - - Separation of Polymer after 48 hrs. at 325 None None None None F Separation of Polymer after 5 hrs. at 325 F ** None None None None * The asphalt supplier shall furnish the Department samples of the asphalt cement and latex emulsion used in making the finished product. ** Applies in lieu of the 48 hour requirement when the latex modified asphalt is to be used in asphaltic concrete and the latex additive is introduced separately at the mix plant, either by injection into the asphalt line or into the mixer. (c) Latex Modified Cutback Asphalt. The latex modified cutback asphalt shall be a medium curing cutback produced from an asphalt cement to which has been added a styrene -butadiene rubber latex. The latex modified cutback asphalt shall comply with the requirements in Table 3. 025404 Rev -3/96 Page 3 of 15 TABLE 3 Type - Grade MC -2400 Latex Property Min Max Kinematic Viscosity @ 140 F, cst 2400 4800 Water, percent - 0.2 Flash Point, T.O.C., F 150 - Distillation Test: Distillate, percentage by volume of total distillate to 680 F to 500 F - 35 to 600 F 35 80 Residue from Distillation, volume % 78 - Tests on Distillation Residue: Minimum SBR Content percent by wt. solids (IR determination)* 2.0 - Penetration, 100g, 5 sec., 150 300 77 F Ductility, 5cm/min, 77 F, cm 50 - Solubility in 99.0 - Trichloroethylene, % * The asphalt supplier shall furnish the Department samples of the asphalt cement and latex emulsion used in making the finished product. (3) CUTBACK ASPHALT. Cutback asphalt shall meet the requirements indicated in Tables 4 and 5 for the specified type and grade. 025404 Rev -3/96 Page 4 of 15 TABLE 4 RAPID CURING TYPE CUTBACK ASPHALT Type - Grade RC -250 RC -800 RC -3000 Property Min Max Min Max Min Max Kinematic Viscosity @ 140 250 400 800 1600 3000 6000 F, cst Water, percent - 0.2 - 0.2 - 0.2 Flash Point, T.O.C., F 80 - 80 - 80 - Distillation Test: Distillate, percentage by volume of total distillate to 680 F to 437 F 40 75 35 70 20 55 to 500 F 65 90 55 85 45 75 to 600 F 85 - 80 - 70 - Residue from distillation, volume % 70 - 75 - 82 - Tests on Distillation Residue: Penetration, 100g, 5 sec., 77 F 80 120 80 120 80 120 Ductility, 5cm/min, 77 F, cm 100 - 100 - 100 - Solubility in 99.0 - 99.0 - 99.0 - Trichloroethylene, % Spot Test Negative for all grades CAUTION: R.C. CUTBACKS ARE EXTREMELY FLAMMABLE! 025404 Rev -3/96 Page 5 of 15 TABLE 5 MEDIUM CURING TYPE CUTBACK ASPHALT Type - Grade MC -30 MC -70 MC -250 MC -800 MC -3000 Property Min Max Min Max Min Max Min Max Min Max Kinematic Viscosity @ 30 60 70 140 250 500 800 1600 3000 6000 140 F, cst Water, percent - 0.2 - 0.2 - 0.2 - 0.2 - 0.2 Flash Point, T.O.C., F 100 - 100 - 150 - 150 - 150 - Distillation Test: Distillate, percentage by volume of total distillate to 680 F to 437 F - 25 - 20 - 10 - - - - to 500 F 40 70 20 60 15 55 - 35 - 15 to 600 F 75 93 65 90 60 87 45 80 15 75 Residue from 50 - 55 - 67 - 75 - 80 - Distillation, volume % Tests on Distillation Residue: Penetration, 100g, 5 sec., 77 F 120 250 120 250 120 250 120 250 120 250 Ductility, 5cm/min, 77 100* - 100* - 100* - 100* - 100* - F, cm Solubility in 99.0 - 99.0 - 99.0 - 99.0 - 99.0 - Trichloroethylene, % Spot Test Negative for all grades * If the penetration of residue is more than 200 and the ductility at 77 F is less than 100 cm, the material will be acceptable if its ductility at 60 F is more than 100. (4) EMULSIFIED ASPHALT. Emulsified asphalt shall be homogeneous, shall show no separation of asphalt after thorough mixing and shall meet the requirements for the specified type and grade shown in Tables 6 through 9. 025404 Rev -3/96 Page 6 of 15 TABLE 6 ANIONIC EMULSIONS • Applies only when the Engineer designates material for winter use. 025404 Rev -3/96 Page 7 of 15 Rapid Setting Medium Setting Slow Setting Type - Grade RS -2 RS -2h MS -2 SS -1 SS -1h Property Min Max Min Max Min Max Min Max Min Max Viscosity, Saybolt Furol at - - - - - - 20 100 20 100 77 F, sec at 122 150 400 150 400 100 300 - - - - F, sec Sieve Test, % - 0.1 - 0.1 - 0.10 - 0.1 - 0.10 0 0 0 Miscibility - - - - - - Passing Passing (Standard Test) Cement Mixing, % - - - - - - - 2.0 - 2.0 Demulsibility, 35 ml of 0.02 N CaC12, % 60 - 60 - - 30 - - - - Storage Stability, 1 day, % - 1 - 1 - 1 - 1 - 1 Freezing Test, 3 cycles* - - - - Passing Passing Passing Distillation Test: Residue by Distillation, % by weight 65 - 65 - 65 - 60 - 60 - Oil Distillate, % by volume of emulsion - 2 - 2 - 2 - 2 - 2 Tests on Residue from Distillation: Penetration at 77 F, 100 g, 5 sec 120 160 80 110 120 160 120 160 70 100 Solubility in Trichloroethylene, % 97. - 5 97. - 5 97.5 - 97.5 - 97. 5 Ductility at 77 F, 5 cm/min, cm 100 - 80 - 100 - 100 - 80 - • Applies only when the Engineer designates material for winter use. 025404 Rev -3/96 Page 7 of 15 TABLE 7 HIGH FLOAT ANIONIC EMULSIONS 025404 Rev -3/96 Page 8 of 15 Rapid Setting Medium Setting Type - Grade HFRS - 2 AES - 300 Property Min Max Min Max Viscosity, Saybolt Furol at 77 F, sec - - 75 400 at 122 F, sec 150 400 - - Sieve Test, % - 0.10 - 0.10 Coating Ability and Water Resistance: Coating, dry aggregate - - good Coating, after spraying - - fair Coating, wet aggregate - - fair Coating, after spraying - - fair Demulsibility 35 ml of 0.02 N 50 - - - CaC12, % Storage Stability Test, 1 day, % - 1 - 1 Distillation Test: Residue by Distillation, by weight % 65 - 65 Oil Distillate, by volume of emulsion, % - 2 - 5 Tests on Residue from Distillation: Penetration at 77 F, 100 g, 5 sec 100 140 300 - Solubility in 97.5 - 97.5 - Trichloroethylene, % Ductility at 77 F, 5 cm/min, cm 100 - - - Float Test at 140 F, sec 1200 - 1200 - 025404 Rev -3/96 Page 8 of 15 TABLE 8 CATIONIC EMULSIONS 025404 Rev -3/96 Page 9 of 15 Rapid Setting Medium Setting Slow Setting Type - Grade CRS -2 CRS -2h CMS -2 CMS -2s CSS -1 CSS -1h Property Min Max Min Max Min Max Min Max Min Max Min Max Viscosity, Saybolt Furol at 77 F, sec - - - - - - - - 20 100 20 100 at 122 F, sec 150 400 150 400 100 300 100 300 - - - - Sieve Test, % - 0.1 - 0.1 - 0.1 - 0.1 - 0.1 - 0.1 0 0 0 0 0 0 Cement Mixing, % - - - - - - - - - 2.0 - 2.0 Demulsibility, 35 ml 0.8 percent sodium dioctyl sulfosuccinate, % 40 - 40 - - - - - - - - - Storage Stability, 1 day, - 1 - 1 - 1 - 1 - 1 - 1 Coating Ability and Water Resistance: Coating, dry aggregate - - - - good good - - - - Coating, after spraying - - - - fair fair - - - - Coating, wet aggregate - - - - fair fair - - - - Coating, after spraying - - - - fair fair - - - - Particle Charge Test positive positive positive positive positive positive Distillation Test: Residue by 65 - 65 - 65 - 65 - 60 - 60 - Distillation, % by wt Oil Distillate, % by volume of emulsion - 2 - 2 - 7 - 5 - 2 - 2 Tests on Residue from Distillation: Penetration at 77 F, 120 160 80 110 120 200 300 - 120 160 80 110 100 g, 5 sec Solubility in 97. - 97. - 97. - 97. - 97. - 97.5 - Trichloroethylene, % 5 5 5 5 5 Ductility at 77 F, 5 cm/min, cm 100 - 80 - 100 - - - 100 - 80 - 025404 Rev -3/96 Page 9 of 15 TABLE 9 POLYMER MODIFIED EMULSIONS * The emulsion supplier shall furnish the Department samples of the asphalt cement and polymer used in making the finished emulsion. ** The temperature on the lower thermometer shall be brought slowly to 350 F plus or minus 10 F and maintained at this temperature for 20 minutes. The total distillation shall be completed in 60 plus or minus 5 minutes from the first application of heat. 025404 Rev -3/96 Page 10 of 15 High Float Anionic Rapid Setting Cationic Rapid Setting Type -Grade HFRS-2P CRS -2P Property Min Max Min Max Polymer Content, percent by weight of the distillation residue * 3.0 - 3.0 - Viscosity, Saybolt Furol at 150 400 150 400 122 F, sec Storage Stability Test, 1 day, % - 1 - 1 Demulsibility, 35 ml of 40 - - - 0.02 N CaC12, % Demulsibility, 35 ml 0.8 percent sodium dioctyl sulfosuccinate, - - 40 - Sieve Test, % - 0.10 - 0.10 Particle Charge Test - Positive **Distillation Test: Oil distillate, by volume of emulsion, % - 2 - 2 Residue, % by wt 65 - 65 - Tests on Residue from Distillation: Float Value at 140 F, sec 1200 - - - Penetration, 77 F, 100 g, 5 sec 100 140 110 150 Ductility, 39.2 F, 5 cm/min, cm 50 - 50 - Viscosity at 140 F, poises 1500 - 1300 - Solubility in 97 - 97 - Trichloroethylene, % * The emulsion supplier shall furnish the Department samples of the asphalt cement and polymer used in making the finished emulsion. ** The temperature on the lower thermometer shall be brought slowly to 350 F plus or minus 10 F and maintained at this temperature for 20 minutes. The total distillation shall be completed in 60 plus or minus 5 minutes from the first application of heat. 025404 Rev -3/96 Page 10 of 15 (5) FLUXING MATERIAL. Fluxing material shall be free from foreign matter and shall be comprised of flux oil or a blend of flux oil and aromatic oil. The materials, when tested separately, shall meet the following requirements: (a) Flux Oil. Properties Water, weight percent Kinematic Viscosity, 140 F, cst Flash Point, C.O.C., F Loss on Heating, 50 g, 5 hrs at 325 F, Minimum Maximum 60 200 0.2 200 weight percent - 10 Asphalt Content (100 to 200 Penetration residue by vacuum distillation), weight percent 25 - Pour Point, F - 60 (b) Aromatic Oil. Properties Minimum Maximum Water, weight percent Kinematic Viscosity, 140 F, cst Flash Point, C.O.C., F Loss on Heating, 50 g, 5 hrs at 325 F, weight percent Pour Point, F 250 0.2 150 12 60 The aromatic oil, when blended with a maximum of 30 percent by weight of bitumen recovered from limestone ...rock asphalt by Test Method Tex -211-F, shall produce a material with a minimum penetration at 77 F of 85. (6) SPECIAL PRECOAT MATERIAL. Special precoat material shall meet the following requirements: Properties Minimum Maximum Water, % - Flash Point, C.O.C., F 200 Kinematic Viscosity at 140 F, cst300 Distillation to 680 F: Initial Boiling Point, F 500 Residue by weight, % 70 Residue Penetration, 77 F, 100 g, 5 sec 025404 Rev -3/96 Page 11 of 15 0.2 500 200 0 (7) CRACKED FUEL OIL. Cracked fuel oil shall meet the following requirements: Properties Minimum Maximum Asphalt Content of 100 Penetration @ 77 F, % 65 80 Flash Point, C.O.C., F 250 - Kinematic Viscosity at 140 F, cst- 550 Loss at 212 F, 20 g, 5 hrs. % - 3.0 Water and Sediment, % - 2.0 (8) CRACK SEALER. This section sets forth the requirements for SS -1P polymer modified emulsion suitable for sealing fine cracks, and a rubber asphalt compound suitable for sealing cracks 1/8 inch or greater width. For cracks on the order of 1/8 inch width, HFRS-2P polymer modified emulsion as described in Section (4), Table 9 of this item may be used. Requirements for SS -1P and rubber -asphalt crack sealing compound are as follows: (a) SS -1P Polymer Modified Emulsion. Specific requirements are as follows: Properties Minimum Maximum Polymer Content, percent by weight of the distillate residue* 3.0 Viscosity, Saybolt Furol at 77 F, sec 30 100 Storage Stability Test, one day, - 1 Cement Mixing, % - 2.0 Sieve Test, % - 0.10 Miscibility (Standard Test) Passing ** Distillation: Oil distillate, by volume of emulsion, % - 2 Residue, % 60 Requirements on Residue from Distillation: Penetration, 77 F, 100g, 5 sec 100 Ductility, 39.2 F, 5 cm/min, cm 50 Solubility in trichloroethylene, 97 Viscosity at 140 F, poises 1300 140 * The emulsion supplier shall furnish the Department samples of the asphalt cement and polymer used in making the finished emulsion. ** The temperature on the lower thermometer shall be brought slowly to 350 F plus or minus 10 F and maintained at this temperature for 20 minutes. The total distillation shall be completed in 60 plus or minus 5 minutes from the first application of heat. 025404 Rev -3/96 Page 12 of 15 (b) Rubber -Asphalt Crack Sealing Compound. This may be a proprietary material. The compound shall be capable of being melted and applied at a temperature of 400 F or less by a suitable oil jacketed kettle equipped with a pressure pump, a hose and a nozzle. It shall contain no water or highly -volatile matter. It shall not be tracked by traffic when cooled to road temperature. The rubber -asphalt crack sealing compound shall meet the following requirements: Properties Minimum Maximum Rubber Content, percent by wt 22 26 Flash Point, Modified C.O.C., F*400 — Penetration at 77 F, 150 g, 5 sec ** 30 50 Penetration at 32 F, 200 g, 60 sec ** 12 * The equipment and procedure shall be as specified in ASTM D 92 with the following modification. Prior to passing the test flame over the cup, agitate the sealing compound with a 3/8 inch to 2 inch wide square -end metal spatula in a manner so as to bring the material on the bottom of the cup to the surface, i.e., turn the material over. This shall be done, starting at one side of the thermometer, moving around to the other, then returning to the starting point, using 8 to 10 rapid circular strokes. The agitation shall be accomplished in 3 to 4 seconds. The test flame shall be passed over the cup immediately after the stirring is completed. This procedure shall be repeated at each successive 10 F interval until the flash point is reached. **The penetration shall be determined by ASTM D 5 except that the cone specified in ASTM D 217 shall be substituted for the penetration needle. Properties of Rubber Used in Sealer. The rubber shall be one of the following types: Type 1 - Ground tire rubber. Type II - Mixture of ground tire rubber and high natural reclaimed scrap rubber. The natural rubber content, determined by ASTM D 297, shall be a minimum of 25 percent. The ground rubber shall comply with the following gradation requirements when tested by Test Method Tex -200-F, Part 1. U.S. Standard Percent Retained Sieve Size Type I Type II No. 8 0 — No. 10 0-5 0 No. 30 90-100 50-70 No. 50 95-100 70-95 No. 100 - 95-100 The ground rubber shall be free from fabric, wire, cord or other contaminating materials. 025404 Rev -3/96 Page 13 of 15 Packaging. The rubber -asphalt crack sealing compound shall be packaged in boxes which contain two (2) 30-35 pound blocks that are individually packaged in a liner made of polyethylene, or other packaging approved by the Engineer. (9) ASPHALT RECYCLING AGENT. The asphalt recycling agent shall be either a petroleum oil, referred to as recycling agent, or a petroleum oil emulsion, referred to as emulsified recycling agent. These agents may be used alone or the emulsified recycling agent may be used in conjunction with emulsified asphalt having the same particle charge, i.e., a cationic emulsified asphalt must be used with a cationic emulsified recycling agent and an anionic emulsified asphalt with an anionic emulsified recycling agent. The supplier must clearly state whether the emulsified recycling agent being furnished is cationic or anionic. Specific requirements are as follows: (a) Emulsified Recycling Agent. Properties Viscosity, Saybolt Furol at 77 F, sec Sieve Test, % 0.10 Miscibility * Residue, % by wt. ** Test on Residue from Evaporation Test: Flash Point, C.O.C., F Viscosity at 140 F, cst Viscosity at 275 F, cst Minimum 15 60 400 75 Maximum 100 No Coagulation 250 10.0 * Performed according to Test Method Tex -521-C except that 0.02 N calcium chloride solution shall be used in place of water. ** Residue shall be determined by the evaporation method set forth in ASTM D 244, except that the sample shall be maintained at 300 F until foaming ceases, then cooled and weighed. The ability of the residue from the evaporation test to restore the original properties of an aged asphalt cement shall be determined as follows. The residue shall be blended uniformly in the laboratory with a standard 14 to 16 penetration asphalt at a maximum rate of 20 percent by weight of the asphalt. The resulting blend must comply with all the requirements of Subarticle 300.2.(1) for AC -20 asphalt cement. The standard asphalt cement for the above blend shall be obtained by subjecting an AC -20 produced by Fina Oil and Chemical, Big Spring, Texas, meeting all requirements of this Item, to the thin film oven test as specified in Test Method Tex -510-C except that the test period shall be increased so as to obtain the required penetration. (b) Recycling Agent. When recycling agent (petroleum oil) is specified, it shall meet the same requirements indicated above for the Residue from Evaporation Test on emulsified recycling agent. 3. STORAGE, HEATING AND APPLICATION TEMPERATURES Asphaltic materials should be applied at the temperature which provides proper and uniform distribution and within practical limits avoiding higher temperatures than necessary. Satisfactory application should usually be obtained within the recommended ranges shown below. No material shall be heated above the maximum temperatures shown in Table 10. 025404 Rev -3/96 Page 14 of 15 TABLE 10 TYPE - GRADE Application Recommended Maximum Range, F Allowable, F Storage Maximum, F AC -1.5 and AC -3 220-300 350 350 AC -5, 10, 20, 30 275-350 375 400 AC -5 or AC -10 + 2% SBR 300-375 390* 375 AC -10 + 3% SBR 300-350 350 360 RC -250 125-180 200 200 RC -800 170-230 260 260 RC -3000 215-275 285 285 MC -30 70-150 175 175 MC -70 125-175 200 200 MC -250 125-210 240 240 MC -800 175-260 275 275 MC -3000 & MC -2400 Latex 225-275 290 290 SS -1, SS -1h, SS -1P, CSS -1, CSS - 1h, recycling agent, emulsified recycling agent 50-130 140 140 RS -2, RS -2h, MS -2, CRS -2, CRS2h, CRS -2P, CMS -2, CMS -2s, HFRS- 2, HFRS-2P, AES -300 110-160 170 170 Special Precoat Material 125-250 275 275 Flux Oil - 275 275 Aromatic Oil - 275 275 Cracked Fuel Oil 160-220 260 260 Rubber -Asphalt Crack Sealer 350-375 400 *AC -5 + 2% SBR and AC -10 + 2% SBR which is designated for surface treatment work may be heated to a maximum temperature of 390 F by the supplier loading through an in-line heater, or, with the Engineer's permission, these materials may be heated to a maximum of 390 F by the Contractor just prior to application. When any of the SBR -modified asphalt cements are used in asphaltic concrete, the storage temperature at the mix plant should not exceed 350 F. 4. MEASUREMENT AND PAYMENT Asphalts, Oils, and Emulsions shall not be measured for payment, but shall be subsidiary to the appropriate bid item. 025404 Rev -3/96 Page 15 of 15 SECTION 025412 PRIME COAT (S-30) (Asphalt Material Only) 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 -70, unless otherwise specified, and when tested by approved laboratory methods shall meet the requirements of the specification 025404 - Asphalts, Oils and Emulsions. 3. CONSTRUCTION METHODS When, in the opinion of the Engineer, the area and/or base is satisfactory to receive the prime coat, the surface may be cleaned by sweeping or other approved methods. If found necessary by the Engineer, the surface shall be lightly sprinkled 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 Standard Specification 025404 "Asphalts, Oils, and Emulsions with that range being 125 °F to 175 °F for MC -70. Application rate shall be 0.15 GAL/SY, 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. 025412 11/29/00 Page 1 of 2 4. MEASUREMENT & PAYMENT Unless indicated otherwise in the Proposal, PRIME COAT shall be measured by the gallon of prime applied. Payment shall include furnishing, heating, hauling and distributing the asphalt material as specified; for all freight involved; and for all manipulation, labor, tools, equipment and incidentals necessary to complete the work. 025412 11/29/00 Page 2 of 2 SECTION 025424 HOT MIX ASPHALTIC CONCRETE PAVEMENT (Class A) (S-34) 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. 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 coarse aggregate shall not exceed 2% per 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 plans. Los Angeles abrasion losses for course aggregate shall not exceed 40o by weight for the surface course and 45% for the binder and base courses per TEX-410-A. Polish Value not less than 30 for aggregate used in the surface course per 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 passes the Los Angeles abrasion requirements per above. Screenings shall be blended with a maximum of 15% un -crushed aggregate or field sand for Type D mixes or a maximum of 10o uncrushed aggregate or field sand for Type A, B, and C mixes. Grading of fine aggregate shall be as follows: Sieve Size No. 10 No. 200 Percent Passing by Weight 100 0-15 2.1.3 Filler shall consist of dry stone dust, Portland cement, hydrated lime, or other 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 may be incorporated into the hot mix asphalt concrete furnished for the project, provided that the mixture is designed per the TX DOT Methods and meets the applicable provisions of said TX DOT Item 340 and this specification. 025424 1/19/01 Page 1 of 7 2.3 Asphalt: Asphalt Material shall be in accordance with Section 025404 "Asphalt, Oils, and Emulsions" and AASHTO. 2.3.1 Paving Mixture: APPLICATION Residential or low volume Collector Surface Course Binder Course Arterial Surface Course Binder Course ASPHALT GRADE PG 64-22 PG 70-22 PG 64-22 PG 76-22 PG 64-22 Base Courses 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 gallons per square yard. 3. PAVING MIXTURE 3.1 Mix Design: The mixture shall be designed in accordance with TX DOT Bulletin C-14 and 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 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 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 differ 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 TEX-200-F (Dry Sieve Analysis): 025424 1/19/01 Page 2 of 7 Sieve Size Type A Coarse 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 * 2-8 when 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 courser than 3/8" and for Type D material courser than #4. Variations from job -mix shall not exceed the following limits, except as noted above: Item: 1" to No. 10 No. 40 to No. 200 Asphalt Weight Asphalt Volume Tolerances Percent by Weight or Volume Plus or Minus 5.0 Plus or Minus 3.0 Plus or Minus 0.5 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 TEX- 208-F at an optimum density of 96% (plus or minus 1.5) of theoretical maximum per 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. 025424 1/19/01 Page 3 of 7 4. EQUIPMENT 4.1 Mixing Plants. Mixing plants shall be either the weight 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 delivery vehicles, and produce the surface tolerances herein required. It shall be wide enough to lay a 28 -foot back -back street 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 °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 job -mix. 025424 1/19/01 Page 4 of 7 5.4 Mixing. 5.4.1 Weight 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 job -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 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 rising but not when the air temperature is 50 degrees 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. 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 the specification, "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. 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 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 such that when properly compacted, the finished surface will be smooth or uniform density, and meet the requirements of the typical cross sections as shown on the plans. 025424 1/19/01 Page 5 of 7 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. 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. 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 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 100 of the measured thicknesses shall be more than 1/4" 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. 6.10 The Mays Roughness Value for each block (intersection to intersection) or 600 -foot section, whichever is the lesser, shall not exceed ninety inches per mile per traffic lane. For each block of 600 -foot section not meeting this criteria, the Engineer shall have the option of requiring that block or 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) 025424 1/19/01 Page 6 of 7 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 exceed 1/8 inch in ten feet. Areas not meeting this criteria shall be corrected to the satisfaction of the Engineer. 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 & PAYMENT Unless indicated otherwise in the Proposal, Hot Mix Asphalt Pavement shall be measured by the square yard of the type and thickness of "Hot Mix Asphaltic Concrete" as shown on the plans. 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. The prime coat, performed where required, will be measured and paid for in accordance with the provisions governing the specification, Section 025412 "Prime Coat". All templates, straightedges, scales, and other weights 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. 025424 1/19/01 Page 7 of 7 SECTION 025610 CONCRETE CURB AND GUTTER (S-52) 1. DESCRIPTION This specification shall consist of Portland Cement 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 plans. 2. MATERIALS Unless otherwise specified on plans, materials and proportions for concrete used in construction under this specification shall conform the requirements as specified for Class "A" Concrete under specification, Section 030020 "Portland Cement Concrete". Reinforcing steel, if required, shall conform to the requirements as specified in the specification, Section 032020 "Reinforcing Steel". Expansion joint filler shall be material meeting the requirements specified in specification, Section 038000 "Concrete Structures". 3. CONSTRUCTION METHODS The foundation shall be excavated and shaped to line, grade per typical cross section, and hand tamped and sprinkled. If dry, the foundation material shall be sprinkled lightly 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 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. The reinforcing steel shall be placed in position as shown on the typical sections. Care shall be exercised to keep all 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 premoulded or board joint of cross section specified for the curb and gutter and of the thickness indicated on the plans. 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 plans. 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 plans. Other methods of curing as outlined in the specification, Section 038000 "Concrete Structures" will be acceptable with a required curing period of 72 hours. The curb and gutter shall be backfilled to the full height of the concrete, tamped and sloped as directed. 025610 11/30/2000 Page 1 of 2 4. MEASUREMENT & PAYMENT Unless indicated otherwise in the Proposal, Concrete Curb and Gutter or Concrete Curb will be measured by the linear foot for each type of curb. Payment shall each be full compensation of preparing the subgrade; furnishing and placing all materials including reinforcing steel and expansion material; for furnishing, placing, shaping and tamping backfill; and for all manipulation, labor, tools, equipment and incidentals necessary to complete the work. 025610 11/30/2000 Page 2 of 2 SECTION 025612 CONCRETE SIDEWALKS AND DRIVEWAYS (S-53) 1. DESCRIPTION The 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 plans. 2. MATERIALS Materials and proportions used in construction under this item shall conform to the requirements as specified for Class "A" concrete under the specification Section 030020 "Portland Cement Concrete". Reinforcing steel, if required, shall conform to the requirements as specified in the specification Section 032020 "Reinforcing Steel". Expansion joint filler shall be premoulded material meeting the requirements specified in the 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. The subgrade shall be moist 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, if required, shall be placed in position as shown on the plans. Care shall be exercised to keep all steel in its proper location. Sidewalks shall be constructed in sections of the lengths shown on plans. Unless otherwise provided by the plans, no section shall be a length less than 8 feet and any section less than 8 feet shall be removed by the Contractor at his own expense. The different sections shall be separated by a premoulded or board joint of the thickness shown on the plans, 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 material shall be placed along their entire length. Similar expansion 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 plans. Sidewalks shall be marked into separate sections, each 4 feet in length, by the use of approved jointing tools. 025612 12/1/00 Page 1 of 2 When completed, the sidewalks and driveways shall be cured with Type 2, white pigmented curing compound. Other methods of curing as outlined in the specification Section 038000 "Concrete Structures" will be acceptable with a required curing period of 72 hours. 4. MEASUREMENT & PAYMENT Unless indicated otherwise in the Proposal, Concrete Sidewalk and Driveway will be measured by the square foot of surface area of completed sidewalks, driveways, or sidewalks and driveways as indicated in the plans. Payment shall each be full compensation for preparing the subgrade; for furnishing and placing all materials, including all reinforcing steel and expansion joint materials; and all manipulation, labor, tools, equipment and incidentals necessary to complete the work. 025612 12/1/00 Page 2 of 2 SECTION 027205 FIBERGLASS MANHOLES 1. DESCRIPTION This specification shall govern all work required for providing, installing and adjusting fiberglass manholes required to complete the project. 2. GENERAL Fiberglass manholes shall be installed at the locations indicated in the drawings. 3. MATERIALS A. Manholes Fiberglass manholes shall be fabricated in accordance with ASTM -D -3753 - Glass fiber reinforced polyester manholes latest edition and the referenced design criteria as follows: 1. ASTM -C-581 Practice for determining chemical resistance of thermosetting resins used in glass -fiber reinforced Structures Intended for Liquid Service 2. ASTM -D-695 Test method for compressive properties of rigid plastics 3. ASTM -D-790 Test methods for flexural properties of unreinforced and reinforced plastics and electrical insulating materials. 4. ASTM -C-923 Standard Specification for Resilient manhole connectors 5. ASTM -D-2412 Test Method for external loading properties of plastic pipe by parallel -plate loading. 6. ASTM -D-2583 Test method for indentation hardness of rigid plastics by means of a barcol impressor. 7. ASTM -D-2584 Test method for ignition loss of cured reinforced resins 8. ASTM -D-3034 Type PSM Poly (Vinyl) Chloride) (PVC) sewer pipe and fittings 9. ASTM F794 PVC Profile Wall Sewer Pipe (riser) 10. ASTM C32 Clay brick, grade MM (riser) 2 ❑" x 4" x 8 1/4" The minimum wall thickness for all fiberglass manholes at all depths shall be 0.50". The inside diameter of the manhole barrel shall be either 48" or 1.5 times the nominal pipe diameter of the largest pipe, which ever is larger. A concentric reducer over the barrel shall have a minimum inside diameter of 22 inches at the top. B. Manhole Pipe Connectors Manhole pipe connectors for Sanitary Sewer Application shall be made of corrosion resistant plastic. The connector shall eliminate leaks around the pipe entering the manhole wall and shall permit pipe movement without loss of seal integrity and be in conformance with ASTM D-3212. Material for elastomeric seal in push -on joints shall meet the requirements of ASTM F-477. Material for rubber sleeve shall meet the requirements of ASTM C- 443. Manhole pipe connectors between 4" and 15", shall be Inserta Tee of Fowler Mfg. or approved equal. 027205 1/19/01 Page 1 of 5 Manhole pipe connection for Storm Sewer Application shall be made with Ram-Nek flexible plastic gasket material as manufactured by K.T. Snyder Company of Houston or approved equal and wrapped with Class A Subsurface Drainage Geotextile, AASHTO M288. C. Manhole Base Concrete shall be Class A in accordance with Section 030020. Caulk for seal between fiberglass manhole and concrete cast -in-place base shall be Epo-Flex epoxy (gun grade consistency) as manufactured by Dewey Supply of Corpus Christi, or approved equal. Precast Reinforced Concrete Manhole Base shall be in accordance with requirements of ASTM C-478 as shown on construction plans and detail drawings. D. Inflow Inhibitors Inflow inhibitors shall be installed in sanitary manholes. They shall be of 316 stainless steel with an equivalent thickness of not less than 18 gauge and load tested in excess of 3000 pounds. The inhibitor shall rest on the lip of the seating surface of the manhole ring and shall not exceed a depth of 6.5 inches. The seating surface of the inhibitor shall have an attached gasket on the weight bearing side. The inhibitor shall have a gas relief valve made of Nitrite and shall operate at a 1 psi differential pressure. The inhibitor shall be fitted with a handle of 3/16 plastic coated stainless steel cable attached to the insert body with a 6# 316 stainless steel rivet. The inhibitor shall be constructed of materials that withstand highly corrosive sewer gases. Inhibitor shall be stamped ❑Property of City of Corpus Christi, Texas❑. E. Ring & Cover Manhole ring & cover for a 4 -foot diameter manhole shall be for street application and be Western Iron Works (340 lb./set) or approved equal. Manholes 5 -feet in diameter and larger shall require a nominal 3 -foot ring and cover as specified on the drawings. 4. CONSTRUCTION METHODS General: The limit of excavation shall allow for placing and removing forms, installing sheeting, shoring, bracing, etc. The Contractor shall pile excavated material in a manner that will not endanger the work and will avoid obstructing sidewalks, driveways, power pole, drainage, streets, etc. Vertical Side: When necessary to protect other improvements, the Contractor shall maintain vertical sides of the excavation. The limit shall not exceed three feet outside the footing on a vertical plan parallel to the footing except where specifically approved otherwise by the Engineer. The Contractor shall provide and install any sheeting, shoring, and bracing as necessary to provide a safe work area as required to protect workmen, structures, equipment, power poles, etc. The Contractor shall be responsible for the design and adequacy of all sheeting, shoring and bracing. The sheeting, shoring, and bracing shall 027205 1/19/01 Page 2 of 5 be removed, as the excavation is backfilled. Sloping Sides: In unimproved areas, where sufficient space is available, the Contractor shall be allowed to back slope the sides of the excavation. The back slope shall be such that the excavation shall be safe from caving. Safety requirements shall govern the back slope used. De -watering: The Contractor shall keep the excavation free from water by use of cofferdams, bailing, pumping well pointing, or any combination as the particular situation may warrant. All de -watering devices shall be installed in such a manner as to provide clearance for construction, removal of forms, and inspection of exterior of form work. It is the intent of these specifications that the foundation be placed on a firm dry bed. The foundation bed shall be kept in a de -watered condition for a sufficient period of time to insure the safety of the structure, but in no case shall de -watering be terminated sooner than seven (7) days after placing concrete. All de -watering methods and procedures are subject to the approval of the Engineer. The excavation shall be inspected and approved by the Engineer before work on the structure is started. The Contractor shall provide a relatively smooth, firm foundation bed for footings and slabs that bear directly on the undisturbed earth without additional cost to the City, regardless of the soil conditions encountered. The Engineer will be the sole judge as to whether these conditions have been met. The Contractor shall pile excavated material in a manner that will not create an unsafe condition. Unauthorized Over Excavation: Excavation for slabs, footings, etc., that rest on earth, shall not be carried below the elevation shown on the drawings. In the event the excavation is carried on below the indicated elevation, the Contractor shall bring the slab, footing, etc., to the required grade by filling with concrete. Wall Preparation for Pipe Penetrations: For sanitary sewer application, pipe penetrations for pipe 4" through 15" shall be made with appropriately sized core drill bits recommended by the Manufacturer. Pipe penetrations other than described above and as authorized by the Engineer shall be made as follows: cut shall be equal to the outside diameter of pipe to pass through it, plus ❑ inch. Cuts are to be made using electric or gasoline powered circular saw with masonry blade. Impact type tools shall not be used. Handling: Manholes shall be handled and stored in a safe manner as necessary to prevent damaging either the manhole or the surroundings. If manhole must be moved by rolling, the ground which it transverses shall be smooth and free of rocks, debris, etc. Manholes shall be lifted as specified by the manufacturer. Height Adjustment: If necessary, position bricks, or blocks, in the excavation to adjust the manhole to correct elevation. Installation: Lower manhole into wet concrete until it rests at the proper elevation, and minimum of six (6) inches into concrete, then plumb. Backfill Material: Unless shown otherwise on the drawings, select material shall be used for backfill around the manhole for a distance of two feet from the outside surface and extending from the bottom of the 027205 1/19/01 Page 3 of 5 excavation to the bottom of the top slab. Suitable material chosen from the excavation may be used for the remainder of the backfill. The material chosen shall be free of large lumps or clods, which will not readily break down under compaction. This material will be subject to approval by the Engineer. Backfill material shall be free of vegetation or other extraneous material. Excavated material which are to be used for fill or backfill may be stockpiled on the site. Location of stockpiles shall be approved by the Engineer. Topsoil should be stockpiled separately and used for finish grading around the structure, if necessary. When indicated on the plans or under pavements, the area around the manhole shall be backfilled to the road base with "Hasty Backfill" cement - stabilized sand containing a minimum of 1.5 sacks of standard Type I Portland cement per cubic yard of sand. Schedule of Backfilling: The Contractor may begin backfilling of manhole as soon as the concrete has been allowed to cure and the forms removed. Compaction: Backfill shall be placed in layers note to exceed 6" compacted thickness and mechanically tamped to at least 95% Standard Proctor Density. Backfill shall be placed in such a manner as to prevent any wedging action against the structure. 5. TESTING Manholes will be tested for leakage by either of two tests as specified by Engineer. Water Leakage Test: The contractor shall provide water, labor, and materials for testing. Testing will be as follows: 1. With sewers plugged, the manhole shall be filled with water. 2. The manhole shall be checked after 24 hours have elapsed. 3. Water loss shall not exceed 2.4 gallons per foot of depth for the 24-hour period. 4. If the manhole is within 9 feet of a waterline that is not or cannot be encased, the manhole shall be tested for no leaks and no noticeable loss of water shall be experienced for the 24-hour period. If water loss is excessive, the Contractor shall correct the problem and the manhole shall be retested. Vacuum Test: Vacuum testing shall be in accordance with Section 027203, Vacuum Testing of sanitary sewer manholes and structures. 6. GRADE ADJUSTMENT OF EXISTING FIBERGLASS MANHOLES The adjustment of the ring and cover is to be achieved by removal or addition of ❑grade adjustment bricks or plastic, HDPE, grade adjustment rings❑ that rest above the fiberglass corbel. If the ring and cover must be lowered to the extent that the new elevation cannot be achieved by removal of bricks and it is necessary to remove a section of the fiberglass manhole, this work shall be done as described below. 027205 1/19/01 Page 4 of 5 Note that manhole repair kits are available for this work. Remove the appropriately sized section of the existing manhole from the vertical manhole wall at least 6" below the seam where the corbel meets the vertical wall. Excavate evenly around the manhole as required. Mark, cut and remove the required section of the manhole. Make a square cut as necessary for a good butt splice. Grind and clean ends of fiberglass that are to be re -united. Replace and align the top. Fiberglass a 6" strip along the outside seam all around with two layers of mat with one layer of roven woven sandwiched between. After the outside has set, go on the inside and fill any voids in the seam with epoxy or material provided by a manhole manufacturer for use in such application. After the putty has set. Fiberglass a 6" strip on the inside as previously done on the outside. After curing, backfill with select material compacted to a minimum of 95% standard proctor or as directed by the Engineer. 7. MEASUREMENT AND PAYMENT Unless indicated otherwise in the Proposal, Fiberglass Manholes shall be measured per each. Measurement shall include, but not be limited to; excavation, concrete foundation, manhole assembly, connections, cast iron frame and cover, concrete work, backfill, testing, and other work as required to complete the fiberglass manhole. Payment shall be made at the unit price bid and shall fully compensate the Contractor for all materials, labor, tools equipment, and other incidentals required to complete the work. Extra depth for a sanitary manhole over 6 feet in depth will be measured by the vertical foot of depth in excess of 6 feet and bid as ❑Extra Depth for Manholes❑ (sanitary). 027205 1/19/01 Page 5 of 5 SECTION 027602 GRAVITY SANITARY SEWERS (S-61) 1. DESCRIPTION This specification shall govern all work required for furnishing, handling, and installing gravity sanitary sewers required to complete the project. 2. MATERIALS A. Pipe and Fillings: POLY -VINYL CHLORIDE (PVC) PIPE and fittings shall be in accordance with ASTM D-3034. Pipe shall have an SDR of 26. Pipe and fittings shall have push -on compression gasket joints in accordance with ASTM D-3212. B. Bedding Materials: 1. CRUSHED STONE shall be well graded angular crushed stone in the general size range of 3/4" to 1/16" which has good stability. Crushed stone shall be graded in accordance with Size #67 and #68 of AASHTO M 43, ASTM D 448. 2. SAND shall be sands with very little or no fines. Soils with a Unified System Classification of SW and SP, or an AASHTO classification of A-3 shall be required. 3. GRAVEL shall be gravel with less than 10o by weight fines. The sieve analysis of gravel shall be in accordance with Size #67 or #68 of AASHTO M43, ASTM D 448. 4. CONCRETE shall be Class B concrete in accordance with City Standard Specification Section 030020 for "Portland Cement Concrete". C. Backfill Materials: 1. INITIAL BACKFILL is that material from the top of the bedding material to an elevation within 12 inches of the top of the pipe. This material shall be in accordance with City Standard for "Select Material" or material with a binder having a Plasticity Index between 0 & 13 and a liquid limit less than 46. The material shall be free of vegetation, debris, rocks with a diameter over 1.5 inches and clay lumps. This material shall not include soils with a Unified System Classification of OL, MH, OH, CH, and PT or soils with an AASHTO classification of A-7. 2. FINAL BACKFILL is that material placed on the initial backfill. The material shall be in accordance with a standard specification Section 022020 "EXCAVATION AND BACKFILL FOR UTILITIES AND SEWERS". 3. CONSTRUCTION METHODS A. Trench Excavation: See standard specification Section 022020 "EXCAVATION AND BACKFILL FOR UTILITIES AND SEWERS". 027602 Rev 11/15/99 Page 1 of 5 B. Handling of Materials: 1. HANDLING AND CARE of pipe shall be the responsibility of the Contractor. Pipe shall be unloaded at the point of delivery, hauled to and distributed at the site by the Contractor. Materials shall be handled with care and in accordance with the manufacturer's recommendations. 2. STORAGE AND SECURITY of materials shall be provided by the Contractor. Any material delivered to the site that is not to be incorporated into the work within 10 working days shall be properly stored off the ground. Stacking and handling of materials shall be done as recommended by the manufacturer. 3. REJECTED OR DEFECTIVE materials are those having cracks, flaws, or other defects. Rejected materials shall be marked by the Engineer and removed from the job site by the end of the day by the Contractor. 4. DISTRIBUTION OF MATERIALS at the work site shall be allowed provided that they are incorporated into the work within 10 working days. Materials shall not be placed on private property, unless written permission has been obtained from the owner by the contractor. Materials shall not be placed within five feet of the back of curb or edge of pavement without permission of the Engineer. C. Alignment and Grade: 1. All pipes shall be laid and maintained to the required line and grade. 2. NO DEVIATIONS from design line and grade shall be allowed, unless authorized by the Engineer. 3. The Contractor shall be provided with offsets and cut sheets. The Contractor may use batter boards, laser, or other approved methods necessary to construct the sewer to design line and grade. D. Pipe Placement: 1. GENERAL: Proper implements, tools, etc. shall be used by the Contractor for safe and efficient execution of work. All pipes shall be carefully lowered into the trench by suitable equipment in such a manner as to prevent damage. Under no circumstances shall pipe be dropped or dumped into the trench. The Contractor shall not lay pipe in the trench until the bedding and condition of the trench has been approved by the Engineer. The trench shall be free of water and maintained in that condition until the pipe has been laid, the joints have been completed, and the initial backfill has been completed. 2. CLEAN PIPE: All foreign matter or dirt shall be removed from the interior of the pipe before lowering pipe into trench. The interior of pipe shall be maintained free of dirt during the remaining installation operations. 027602 Rev 11/15/99 Page 2 of 5 E. Jointing Pipe: POLY -VINYL CHLORIDE PIPE shall have mating surfaces of the gasketed joint wiped clean of dirt and foreign matter. A lubricant recommended by the coupling manufacturer shall be applied to the bell and spigot mating surfaces just prior to joining. The spigot shall then be centered on grade into the bell of the previous pipe and shall be shoved home to compress the joint and to assure a tight fit between the inner surfaces. Pipe shall not be assembled in reverse order by pushing bell onto spigot. When the pipe is being thusly installed, bell holes shall be excavated in the bedding material. When the joint has been made, the bell hole shall be carefully filled with material to provide for adequate support of the pipe. The spigot shall be centered within 1/4 inch of the home line marked on the spigot. F. Bedding and Initial Backfill: POLY -VINYL CHLORIDE PIPE: Bedding and initial backfill of PVC pipe shall be in accordance with the details provided in the drawings. Bedding shall be well tamped regardless of type. The type of bedding required shall depend upon the depth of cut and ground water condition and shall be as specified below: BOTTOM OF TRENCH IN GROUNDWATER Depth of Cut Required Bedding Less than 20 feet Gravel or Crushed Stone Over 20 feet Crushed Stone BOTTOM OF TRENCH NOT IN GROUND WATER Depth of Cut Required Bedding Less than 15 feet Sand, Gravel, or Crushed Stone Less than 20 feet Gravel or Crushed Stone Over 20 feet Crushed Stone G. Final Backfill: See standard specification Section 022020 "EXCAVATION AND BACKFILL FOR UTILITIES AND SEWERS". 4. TESTING AND CERTIFICATION A. Leakage Testing: (Required for all types of pipe) 1. EQUIPMENT FOR LEAKAGE TESTING shall be furnished and installed by the Contractor. The Contractor shall test the entire system for leaks. This work shall be witnessed by the Engineer. 2. POLY -VINYL CHLORIDE (PVC) PIPE shall be tested in accordance with Uni-Bell Plastic Pipe Association "Recommended Practice for LOW- PRESSURE AIR TEST OF INSTALLED SEWER PIPE" UNI -B-6. The requirements of which are summerized by the following Equation: 027602 Rev 11/15/99 Page 3 of 5 T = .00237D2L Eq. 1 Where: T = Minimum allowable time (seconds) for a pressure drop if 1 psi gage pressure D = Nominal pipe diameter (inches) L = Length of pipe run (feet) The test section shall be plugged and subjected to a test pressure not in excess of 5 psi. The time required for a 1 psi pressure drop shall be measured and not exceed the value obtained in Eq 1. B. Dcflccti n Tcsting: (Pcquircd f r PVC Pipc) 1. EQUIPMENT F P DEFLECTI N TESTING shall bc pr vidcd by thc C ntract r. Mandrels shall bc pr vidcd by thc C ntract r and shall bc f machincd rigid c rr si n resistant pipc with a lcngth n t lcss than 1.5 diamctcrs. Mandrels will bc sizcd f r SDR 26 PVC pipc at 5% dcflccti n. Thc utsidc diamctcr f thc standard mandrels shall bc as f 11 gas: N minal Sizc (inch) Mandrel .D. (inch) 12 15 18 21 21 27 • 10.55 12.90. 15.76 18.56 20.87 23.51 2. TESTING shall bc d nc by thc C ntract r and uitncsscd by thc Enginccr. All pipc shall bc tcstcd f r dcflccti n n lcss than 30 days aftcr placcmcnt f backfill. Thc C ntract r may wish t chcck pipc immcdiatcly aftcr backfilling f r j b c ntr 1. E ucvcr, this shall n t qualify as acccptancc tcsting. N pipc can bc tcstcd f r f rmal acccptancc until it has bccn in placc, c mplctc with backfill f r at lcast 30 days. C. Retesting: ANY DEFECTIVE WORK OR MATERIALS shall be corrected or replaced by the Contractor and retested. This shall be repeated until all work and materials are acceptable. 5. SOIL BORINGS The City does not assume responsibility for subsurface information. Soil data and other subsurface information shown on the plans or in the appendix is without warranty as to correctness of fact or interpretation. 027602 Rev 11/15/99 Page 4 of 5 6. BRACING AND SHORING Trenching operation shall comply with Worker Safety Requirements for Excavation and Trenching Operations. If, for whatever reason, the trench width at the top of pipe must exceed that width indicated in the bedding details, the Contractor shall modify bedding as required by the Engineer to accommodate the additional load on the pipe. 7. MEASUREMENT & PAYMENT Unless indicated otherwise in the Proposal, Gravity Sanitary Sewers shall be measured by the linear foot for each size and depth of sewer installed as follows: A. Between centers of manholes. B. From the center of a manhole to the end of the line. C. From the end of an existing stub to the end of the line or center of the existing manhole. Depth shall be measured from flow line of pipe to ground surface over centerline of the pipe at time of construction. Measurements to be made at manholes, at intervals not to exceed fifty feet, and at breaks in ground profile. Bedding shall not be measured and shall be considered subsidiary to pipe, unless included as a separate bid item in the proposal. De -watering will be measured for pay by the linear foot of trench, if all the following conditions are met: (1) de -watering was included as bid item in the proposal by the Engineer; (2) de -watering of the trench was accomplished by well point system; and (3) the use of well points was necessary and was authorized by the Engineer. Payment shall include all labor, pipe, bedding, de -watering, equipment for hauling, trench excavation, and all cleaning up and other incidentals necessary to install the pipe complete in place. 027602 Rev 11/15/99 Page 5 of 5 SECTION 028040 SODDING (S-8) 1. DESCRIPTION This specification shall govern all work necessary for furnishing and placing sod as required to complete the project. 2. MATERIALS Fertilizer: Sod: 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 lb\acre (7.23 lb per 100 s.y). In the event that is necessary 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 .25 feet, or live St. Augustine with thickly matted roots throughout the soil with a minimum thickness of 1 inch or .08 feet. 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 source. Sod and soil shall be kept moist at all times during sodding process. Care must be taken at all times to retain native soil on the root system. Water:Water shall be free from oils, acids, alkalies, and salts which 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 lit is firmly against the bottom of the hole; the top of the sod shall not be more than ❑ inch below finished grade. Soil shall be firmly 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. 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 on 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, sloped may cause displacement, areas to be block sodded shall be indicated on the drawings or as directed by the Engineer in the field. 028040 Page 1 of 2 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 plans. Any section not true to lines and cross sections 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 & PAYMENT Unless indicated otherwise in the Proposal Sodding shall be measured by the square yard taken in a horizontal plan. Measurement of the Mulch Sodding shall be by the cubic yard of mulch delivered to place of planting. These items shall include but not be limited to: excavation, transporting, storing, and placing of sod; application of fertilizer and water. 028040 Page 2 of 2 SECTION 028300 FENCES RELOCATION (S-12) 1. DESCRIPTION This specification shall govern all work necessary to accomplish the relocation of any fence which needs to be moved to complete this project. The necessity and the time schedule for relocation of any given fence shall be determined by the Engineer. 2. MATERIALS Whenever possible, all or part of the existing fence materials shall be used in constructing the relocated fence. Any materials damaged or destroyed as a result of removal of the fence from its existing location shall be replaced with materials of equal or better quality. 3. CONSTRUCTION METHODS It is the intent of this specification that fences be reconstructed to original condition (condition at time just prior to commencement of construction on this project). Unless otherwise specified, no fence shall be replaced until the area surrounding its new location has been worked to its finished grade. Any fence that is damaged while being removed shall be repaired prior to being reset. 4. MEASUREMENT & PAYMENT Unless indicated otherwise in the Proposal, Fence Relocation shall be measured by the linear foot of relocated fence (not fence removed from original location). Payment shall constitute full compensation for removal, replacement, necessary repairs, and all other work related to the relocation of fences. 028300 R-12/17/85 Page 1 of 1 SECTION 030020 PORTLAND CEMENT CONCRETE (S-40) 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 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: C 150, 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 - 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 tensile 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 60E 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. (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 than 1000 parts 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. 030020 Rev 7/7/94 Page 1 of 12 Tests shall be made in accordance with the "Standard Method of Test for Quality of Water to be used in Concrete" (AASHO Method T-26), 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 of weight of laminated and/or friable particles when tested in accordance with Test Method Tex -413.A. It shall have a wear of not more than 40 percent when tested in accordance with 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 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, 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. TABLE 1 Coarse Aggregate Gradation Chart Percent Retained on each Sieve Aggregate Nominal 21z 2 11z 1 3/4 1/2 3/8 No. No. Grade No. Size In. In. In. In. In. In. In. 4 8 1 2 in. 0 0 95 15 60 to to 100 20 to to 50 80 2 (467) * 11z in. 0 70 95 0 30 to to 90 100 to to 5 65 4 (57)* 1 in. 0 90 95 0 40 to to to 100 100 5 to 75 8 3/8 in. 0 0 35 90 to to to 5 80 100 *Numbers in parenthesis indicate conformance with ASTM C33. 030020 Rev 7/7/94 Page 2 of 12 The aggregate shall be washed. The Loss by Decantation (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 (Test Method Tex -408-A), it shall not show a color a 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 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 Test Method Tex -612-J. When tested by approved methods, the fine aggregate or combinations of aggregates, including mineral filler, shall conform to the grading requirements shown in Table 2. Table 2 Fine Aggregate Gradation Chart Percent Retained on Each Sieve Aggregate 3/8 No. No. No. No. No. No. No. Grade No. In. 4 8 16 30 50 100 200 1 0 0 to 0 to 15 to 35 to 70 to 90 to 97 to 5 20 50 75 90 100 100 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 (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 Class A and C and E Concrete, 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 030020 Rev 7/7/94 Page 3 of 12 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 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: C 494, 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 met the requirements of ASTM Designation: C 260 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 030020 Rev 7/7/94 Page 4 of 12 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 stock piles shall be clear of all vegetation and level. The bottom layer of aggregate shall not be disturbed or used without recleaning. When conditions require the use of two or more sizes of aggregates, they shall be separated to prevent intermixing. Where space is limited, stock piles 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 requirement 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. In lieu of the above mix design responsibility, the Contractor may accept a design furnished by the Engineer, however, this will not relieve him of providing concrete meeting the requirements of these specifications. Trial batches will be made and tested using all the proposed ingredients prior 030020 Rev 7/7/94 Page 5 of 12 to the placing of 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 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 aggregate. 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 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 1-1/2 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 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 difference 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 Rev 7/7/94 Page 6 of 12 Concrete Designation TABLE 3 Slump Requirements Desired Slump Max. Slump Structural Concrete (1) Thin -Walled 4 5 Sections (9" or less) 3 4 (2) Slabs, Caps, Columns, Piers, Wall Sections 5 6 9", etc. 2.5 4 Underwater or Seal Concrete Riprap, Curb, Gutter and Other Miscellaneous Concrete 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 ration, 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 will cast test cylinders or beams as a check on the compressive or flexural strength of the concrete actually placed. A test shall be defined as the average of the breaking strength of two cylinders or two beams, as the case may be. Specimen will be tested in accordance with Test Methods Tex -418-A or Tex -420-A. Test beams or cylinders will be required as specified on the plans. 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 of 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 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 030020 Rev 7/7/94 Page 7 of 12 required twenty-eight day strength, based on results from trial batches. If the required seven day strength is not secured with the cement specified in Table 4, changes in the batch design will be made. TABLE 4 Classes of Concrete Class Min. Comp Min. Beam Max. Water Coarse of Sx. Cement Strength Strength Cement Aggr. Concret per C.Y. (f'c) 7 Day psi Ratio No. e 28 Day psi 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, pier 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, 460 psi. min. ****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 specifications, 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 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 stock piles. Aggregate stock piles 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 (a) 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 under way 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 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 030020 Rev 7/7/94 Page 8 of 12 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 by 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 specifications items and concrete not meeting the slump, workability and consistency requirements of the governing specification item shall not 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 agitator or a truck mixer operating at 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. (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 revisions. 030020 Rev 7/7/94 Page 9 of 12 (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. (3) 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. B. Equipment (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 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 Mixer: In addition, truck mixers shall comply with the following requirements: An engine in satisfactory working condition and capable of accurately growing 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 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 "Part A" above may be readily verified. The counters shall be read and recorded at the start of mixing at mixing speeds. 030020 Rev 7/7/94 Page 10 of 12 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. 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. 030020 Rev 7/7/94 Page 11 of 12 The agitating speed shall be not less than one nor more than 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 the specification, Section 038000 "Concrete Structures". 13. MEASUREMENT & PAYMENT The quantities of concrete of the various classifications which will constitute the completed and accepted structure of structures in place will be measured by the cubic yard, each, square foot, square yard, or linear foot as the case may be. Measurement will be as shown on the plans and in the proposal. Unless indicated otherwise in the proposal, payment shall be compensation for finishing, hauling, and mixing all concrete material; placing, curing and furnishing 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; and for all forms and falsework, labor, tools, equipment, and incidentals necessary to complete the work. 030020 Rev 7/7/94 Page 12 of 12 SECTION 032020 REINFORCING STEEL (S-42) 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 40, 60 and 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 Grades 40 and 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 (Referenced to ASTM Designation: A 29 is voided. Dimensional tolerances shall be in accordance with ASTM Designation: A 615, or ASTM Designation: A 615, Grade 40 or 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 specifications 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, phosphorus and sulphur will be required for all reinforcing steel, to be welded. The nominal size and area and the theoretical weight of reinforcing covered by this specification is as follows: Nominal Bar Size Diameter Number In. 2 0.250 3 0.375 4 0.500 5 0.625 6 0.750 7 0.875 8 1.000 Nominal Area 032020 Rev. 5/18/0 Page 1 of 5 manganese, when it is steel bars Weight Per Sq. In. Linear Foot 0.05 0.11 0.20 0.31 0.44 0.60 0.79 0.167 0.376 0.668 1.043 1.502 2.044 2.670 9 10 11 14 18 Smooth round bars above No When wire is and diameter, Gauge Number 0 1 2 3 4 5 6 7 3. BENDING 1.128 1.270 1.410 1.693 2.257 1.00 1.27 1.56 2.25 4.00 3.400 4.303 5.313 7.6 13.60 bars shall be designated by size number through No. 4. Smooth . 4 shall be designated by diameter in inches. ordered by gauge numbers, the following relation between number in inches, shall apply unless otherwise specified: Equivalent Diameter Inches 0.3065 0.2830 0.2625 0.2437 0.2253 0.2070 0.1920 0.1770 Gauge Number 8 9 10 11 12 13 14 Equivalent Diameter Inches 0.1620 0.1483 0.1350 0.1205 0.1055 0.0915 0.0800 The reinforcement shall be bent cold, true to the shapes indicated on the plans. Bending shall preferably be bending shall be cause for rejection. done in the shop. Irregularities in Unless otherwise shown on the plans, the inside diameter of of the nominal bar diameter (d), shall be as follows: Bends of 90°F and greater in stirrups, enclose another bar in the bend. #3, #4, #5 #6, #7, #8 All bends in main bars and in secondary bars not covered above. Grade 40 3d 4d bar bends, in terms ties and other secondary bars that Grade 60 4d 5d #3 thru #8 #9, #10 #11 #14, #18 Grade 40 5d 5d 5d 10d 032020 Rev. 5/18/0 Page 2 of 5 Grade 60 6d 8d 8d 10d Grade 75 8d 4. TOLERANCES Fabricating Tolerances for bars shall be within 3% of specified or as follows: Plan Dimen. 1 3/4" 7/8" Bar or Smaller --Plan. Damen_ *1/2" 1" Bar or Larger--Ptan. Damen_ * 1» 5. STORING ( Fi = aver 6"--Oui en + Zero or -V2 !1 •1 = 6" and less-Dimen.* Zero or -1/4" li 7/8 Bar or Smaller—Plan Oimen. * 1/2r I" Bar or Larger — Pion Oimen_ * 1 Plop Dirrien.*-1/21 Spiral or Circular Tie Tie ar Stisru0 Plain OU, n. at 1/2 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 not provided for on the plans will be permitted, but not included for measurement, in Grade 40 bars only, sizes No. 8 and smaller, subject to the following: For bars exceeding 40 feet in plan length, the distance center to center of splices shall not be less than 40 feet and no individual bar length shall be less than 10 feet. Splices will not be permitted in bars less than 40 feet in plan length. Splices which are not shown on the plans, but permitted hereby, shall be made in accordance with Table 1 below. The specified concrete cover shall be maintained at such splices and the bars placed in contact and securely tied together. 032020 Rev. 5/18/0 Page 3 of 5 Splices will not be permitted in main reinforcement at points of maximum stress. When permitted in main bars, splices in adjacent bars will be staggered a minimum of two splice lengths. Lap Lap in inches TABLE 1 Minimum Lap Requirements Uncoated Coated > 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 plans and of the specifications. 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 extensions with more than one foot of fill, a minimum of 6 inch 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. Vertical stirrups shall always pass around the main tensions 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 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 sited 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. Pre -cast 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 cotton mats for a period of 72 hours. The blocks shall be cast in the form of a frustums of a cone or pyramid with 032020 Rev. 5/18/0 Page 4 of 5 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 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 Reinforcing steel is considered subsidiary to the various items shown in the proposal and shall not be measured and paid for as a separate item. 032020 Rev. 5/18/0 Page 5 of 5 SECTION 038000 CONCRETE STRUCTURES (S-41) 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 the specification, "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. At the Contractor's option, 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 the Standard Specifications for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction, ASTM Designation: D1751. 2. "Preformed Non -Bituminous Fiber Material" shall meet the requirements of the Standard Specifications for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction, ASTM Designation: D1751, except that the requirements pertaining to bitumen content, density and water absorption shall be voided. (b) Joint Sealing Materials. Unless otherwise shown on the plans, 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 incompressible. The material shall not crack or break when exposed to low temperatures. 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 leveling. It shall cure sufficiently at an average temperature of 77°F 3°F maximum of 24 hours. For performance requirements see under b-2 below. 2. Class 1-b. (Two component, Synthetic Polymer, Cold Pourable, 038000 Rev 11/23/99 Page 1 of 17 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°F ± 3°F maximum of 3 hours. Performance Requirements. Class 1-a and 1-b, when tested in accordance with Test Method Tex -525-C, shall meet the above curing times and requirements as follows: It shall be of such consistency that it can be mixed and poured, or mixed and extruded into joints at temperatures above 60 F. Penetration, 77°F. 150 gm. cone, 5 sec., max. -cm 0.90 Bond and Extension 75%, O°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 Test Method Tex -524-C, the asphalt board shall not deflect from the horizontal more than one inch in three and one-half inches. (b) 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, Type 1 where applicable: PROPERTY METHOD REQUIREMENT Color ASTM D1752 Type 1 Black Density ASTM D1752 Type 1 40 PCF Min Recovery ASTM D1752 Type 1 90o Min. Compression ASTM D1752 Type 1 50 to 500 psi Extrusion ASTM D1752 Type 1 0.25 In. Max. Tensile Strength ASTM D1752 Type 1 20 psi Min. Elongation 75% Min 038000 Rev 11/23/99 Page 2 of 17 The manufacturers shall furnish the Engineer with certified test results as to the compliance with the above requirements and a 12 inch x 12 inch x 1 inch sample from the shipment for approval. (3) Curing Materials (a) Membrane curing materials shall comply with the "Standard Specification Liquid Membrane -Forming Compounds for Curing Concrete", ASTM Designation: C 309, Type 1 clear or translucent, or Type 2 white pigmented. The material shall have a minimum flash -point of 80°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°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, dry to 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 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 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 038000 Rev 11/23/99 Page 3 of 17 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 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 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 038000 Rev 11/23/99 Page 4 of 17 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 State Department of Highways and Public Transportation for the design of structures. Commercially produced structural units used in form work 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 form work 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. 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. (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 membranae 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. 038000 Rev 11/23/99 Page 5 of 17 Plywood used for forming surfaces which 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 Standard, latest edition. Forms or form lumbers 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. Walls 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 walls 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-fourths inch 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. 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 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 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 038000 Rev 11/23/99 Page 6 of 17 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 as regard to 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 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°F. 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 Non -Agitated Concrete Up to 80°F Over 80°F Agitated Concrete 90°F or above 75°F to 89°F 35°F to 74°F 038000 Rev 11/23/99 Page 7 of 17 Maximum Time 30 minutes 15 minutes 45 minutes 60 minutes 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 form work and placement of reinforcement therein. Concrete mixing, placing and finishing shall be done in 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 finish 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 shall be regulated so the pressures caused by the plastic concrete shall not exceed the loads used in form design. 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 down- spouts. 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 clean 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 038000 Rev 11/23/99 Page 8 of 17 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 placement of concrete. Authorized 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. Opening 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 provided for emergency use in addition to the ones 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 through 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 point 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 or 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 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 taken its initial set, at least one 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. 038000 Rev 11/23/99 Page 9 of 17 8. PLACING CONCRETE IN COLD WEATHER (1) Cast -in -Place Concrete. Concrete may be placed when the atmospheric temperature is not less than 35°F. Concrete shall not be placed in contact with any material coated with frost or having a temperature less than 32°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°F, and/or the aggregate temperature shall not exceed 150°F. The heating apparatus shall heat the mass of aggregate uniformly. The temperature of the mixture of aggregates and water shall be between 50°F and 85°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°F or above for a period of 72 hours from time of placement and above 40°F for an additional 72 hours. (b) The temperature at the surface of all concrete in piers, culverts walls, retaining walls, parapets, wing walls, bottoms of slabs, and other similar formed concrete shall be maintained at 40°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°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 specimen 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. 038000 Rev 11/23/99 Page 10 of 17 (b) Steam heat shall keep the air surrounding the concrete between 50°F and 85°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 will apply. The Contractor is responsible for the protection of concrete placed under any and all weather conditions. Permission given by the Engineer for placing 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. 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. Its 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 monlithically in culverts more than 4 feet in clear height, an interval of not less than one nor more than 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 reasonable smooth float finish. 038000 Rev 11/23/99 Page 11 of 17 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 courses will be permitted after the caissons or cofferdams are free from water and the seal 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. 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 uniformed 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 stripped with a brush, as specified by the Engineer. Other surfaces shall be wood float finished and stripped 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 038000 Rev 11/23/99 Page 12 of 17 depressions over one -sixteenth inch 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. A broom finish shall be applied with longitudinal screeding. A broom or burlap drag finish shall be applied with transverse screeding. Unless otherwise specified, the burlap drag shall consist of four or more layers of 10 -ounce burlap fabric, free of seams, dirt or hardened concrete. It shall be kept wet when in use and it shall be drawn over the surface in as many passes as required to produce the desired texture depth. Broom finishes shall be applied with stiff bristled brooms. The Contractor shall have on hand at all times brooms for the purpose of providing the desired texture depth when surface conditions are such that the burlap drag will not provide it. 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 -inches with a minimum texture depth of 0.030 -inches for any one test when tested in accordance with 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 straight -edge. The straight -edge 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 straight -edge to the surface of the slab shall not exceed one -eight of an inch, making proper allowances for camber, vertical curvature and surface texture. Occasional variations, not exceeding three -sixteenth of an inch will be acceptable, if in the opinion of the Engineer it will not effect 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 method, 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 4 curing days except as noted herein. 038000 Rev 11/23/99 Page 13 of 17 EXCEPTIONS TO 4 -DAY CURING Description Required Curing Top slabs of Direct Traffic 8 curing days (Type I or III) cement Culverts 10 curing days (Type II cement) Concrete Piling (non pre -stressed) 6 curing days When the air temperature is expected to drop below 35°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°F for at least 19 hours, (colder days if satisfactory provisions are made to maintain the temperature at all surfaces of the concrete above 40°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 030030 "Concrete for Structures". Sea water 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, 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 method shall consist of overlapping sprays or sprinklers, that keeps all unformed surfaces continuously wet. 038000 Rev 11/23/99 Page 14 of 17 (c) Ponding. This method requires the covering of the surfaces with a minimum of two inches of clean granular material, kept wet at all times, or a minimum of one -inch depth of water. Satisfactory provisions shall be made to provide a dam to retain the water or saturated sand. (3) Membrane Curing. This consists of curing concrete pavement, concrete pavement (base), curbs, gutters, retards, sidewalk, 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 or Type 2 membrane curing compound may be used where permitted except that Type 1 (Resin Base Only) will be permitted for slab concrete in bridge decks and top of direct traffic culverts. STRUCTURE UNIT DESCRIPTION 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.)Other superstructure concrete (wing walls, parapete walls, etc.) TABLE 1 REQUIRED PERMITTED MEMBRANE MEMBRANE WATER FOR FOR INTERIM WATER FOR FOR INTERIM CURING CURING CURING CURING X 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. Membrane curing shall 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. 038000 Rev 11/23/99 Page 15 of 17 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 applications 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 and if the surface of the concrete has become dry, it shall be thoroughly 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 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 when Type I and Type II cement is used, and not less than one-half day when Type III cement is used, provided it can be done without damage to the concrete. 038000 Rev 11/23/99 Page 16 of 17 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 Standard Specifications for the respective items 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 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. 17. MEASUREMENT AND PAYMENT 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. 038000 Rev 11/23/99 Page 17 of 17 SECTION 055420 FRAMES, GRATES, RINGS AND COVERS (S-57) 1. DESCRIPTION This specification shall govern for the furnishing and installation of frames, grates, rings and covers for inlets, manholes and other structures in accordance with those details. Steel shall conform to the requirements of ASTM Designation: A 36. 2. MATERIALS Welded steel grates and frames shall conform to the member size, dimensions and details shown on the plans and shall be welded into an assembled in accordance with those details. Steel shall conform to the requirements of ASTM Designation: A36. Castings, whether Carbon -Steel, Gray Cast Iron or Ductile Iron shall conform to the shape and dimensions shown in the plans and shall be clean substantial castings, free from burnt -on sand and shall be reasonable smooth. Runners, risers, fins, and other cast -on pieces shall be removed from the castings and such areas ground smooth. Bearing surfaces between manhole rings and covers or grades and frames shall be cast or machined with such precision that uniform bearing shall be provided throughout the facilitate subsequent identification at installation. Steel castings shall conform to the requirements of specifications for "Mild to Medium Strength Carbon Steel Castings for General Application", ASTM Designation: A 27. Grade 70-36 shall be furnished unless otherwise specified. Cast Iron castings shall conform to the requirements of "Gray Iron Castings", ASTM Designation: A 48, Class 30. Ductile iron castings shall conform to the requirements of "Ductile Iron Castings", ASTM Designation: A 536. Grade 60-40-18 shall be used otherwise specified. 3. CONSTRUCTION METHODS Frames, grates, rings and covers shall be constructed of the materials as specified and in accordance with the details shown on the plans and shall be placed carefully to the lines or grades indicated on the plans or as directed by the Engineer. All welding shall conform to the requirements of the applicable section of the latest American Welding Society Specifications. Frames, grates, rings and covers shall be given one coat of a commercial grade red lead and oil paint and two coats of commercial grade aluminum paint. Painting on gray iron castings will not be required, except when used in conjunction with structural steel shapes. Commercial grade galvanized bolts and nuts shall be used. The zinc coating shall be uniform in thickness, smooth and continuous. 4. MEASUREMENT AND PAYMENT Unless indicated otherwise in the Proposal, Frames, grates, rings and covers shall not be measured for payment. 055420 Rev 11/24/99 Page 1 of 1 T-1 REPAIR OF WASTEWATER SERVICE LINES 1. Description These specifications contain the minimal functional and performance requirements for providing the installation of wastewater service lines, clean outs and/or complete repair of City -owned wastewater services and, as needed, main lines in public easements and rights-of- way. The Contractor is to provide all elements for providing a turn- key, City owned service line replacement and authorized main and/or clean-out repairs, including equipment, labor, materials, seeding, clean up, supervision, insurance, safety devices, and other related items. 2. General Requirements A. All work performed and materials employed for clean-out and service line installation shall comply with the City of Corpus Christi's Plumbing Code and the construction description, details, and procedures noted on ATTACHMENT A herein. No plumbing permits shall be required for this contract. Copies of the City's Plumbing Code may be obtained from the One Stop Development Center, Building Inspection Division located in the old Frost Bank building, 2406 Leopard Street. B. Upon award and execution of this contract, the City will appoint a Contract Representative. This person will be responsible for monitoring and enforcing the contract and will be the central point of contact for the City. C. The City expects that on average, twenty (20) service work orders will be issued to the Contractor on a monthly basis. The City will provide the Contractor with a list of locations, utilizing the format of ATTACHMENT C, on a specified day of the week to be mutually agreed upon by the City and the Contractor. The City shall identify the general location (street address) and on - property location for the work, if known, by way of a Clean-out Location Card (ATTACHMENT A) and a copy of the Work Order (ATTACHMENT D), which may contain the Street address, resident's name and phone number (if available), or an equivalent means. In many cases the site may have been recently excavated and easily identified. D. Unless responding to an emergency hole -open situation, the Contractor shall notify the resident at least 24 hours in advance of the proposed work. The Contractor should utilize an Introduction Letter for this purpose, formatted as in ATTACHMENT B. E. It is recommended that the Contractor coordinate with the Contract Representative on a daily basis to inform him of the locations to be worked that day. This will assist in assuring a timely inspection when called for. The Contractor shall contact the Wastewater Dispatcher to request an inspection. Normally no more than three service work orders will be inspected on a daily basis, unless prior arrangements with the Contract Representative have been made. T-1 REV. 2006 Page 1 of 4 3. Performance Requirements A. The Contractor shall photographically document each site condition prior to commencing work to insure that each site is returned to original condition upon completion. If the cost of restoration is not indicated by a specific bid item, such work is subsidiary to the specified line item. Any shrubs, bushes, and plants within the area of excavation shall be carefully removed by the Contractor prior to excavation with the intent of re -planting them upon completion. Likewise, the Contractor is required to include in his price the temporary repositioning of loose items that may be on the ground/pavement over the service line prior to excavation, and returning the same items upon backfill completion. If it appears necessary to remove sections of flowerbeds, gardens, large shrubs, or any other areas likely to cause customer discontent, the Contractor shall notify the customer, or the Contract Representative, prior to excavation. B. Where required, PVC clean -outs are to be installed as close to the easement or property line as possible. The Contractor shall locate, excavate, and expose the wastewater service line at the location indicated on the Clean -Out Location Card. Service lines will vary in depth, as a function of the main line depth. The depth of each service line excavation to the bend normally should not exceed five (5) feet. However whenever the depth of an excavation does exceed five (5) feet, the Contractor is specifically advised to adhere strictly with the provisions of Standard Specification 022022 regarding Trench Safety. The Contractor should submit his price based on services to deep clay mains being attached via a VCP riser from the main as initial construction. Where replacement is authorized, the riser assembly must be replaced using PVC and adaptors, and each separate service line from the property line / easement will connect to the new PVC riser for each property, i. e. not have services tied together prior to connection at the riser. C. The Contractor shall excavate and expose the service line at the location he has determined. All damaged pipe sections, bends and fittings shall be removed and replaced between the clean-out to and including the bend. Damaged pipe, bends and fittings shall be replaced with PVC pipe, fittings, bends and/or adaptors necessary to restore the line to service and connect to the clean-out assembly. If, during excavation, the soil supporting the pipe is disturbed, soil shall be recompacted to support the pipe and adaptors without sagging. D. The City requires that the Contractor rod out the service line from the bend to the sewer main using a four -inch rodder. The Contractor must then hand -televise the service line from the bend down to the sewer main to determine the condition of the service line. The City may authorize (by appropriate bid item shown in the `Proposal') additional service line replacement down to the sewer main, including a new tap, when those service lines beyond the bend are determined to be in need of replacement. Contractor must provide video tape documentation of each service so televised, including street address and date of televising each segment. T-1 REV. 2006 Page 2 of 4 E. In the event the service line is replaced all the way to the main in accordance with authorization in paragraph 3.D, and if the main is too broken to accept the new PVC tap, the Contractor may be authorized to excavate/remove one existing main line section at the existing tap, replace it with appropriately coupled PVC line segments, provide a new main tee/wye for connection to the service line, and replace the old service line between the bend and the main with new PVC. Likewise, when the service connects to the main in the joint immediately outside a manhole, and that line requires replacement, it will be reimbursed for the line item on the bid proposal. Each of the items listed herein are included in the bid proposal. F. In the event that the adjacent main is too fractured to connect the new PVC to, additional length of main line removal and replacement may be authorized on a per linear foot basis G. Some concrete removal (sidewalk, driveway, curb & gutter) may be required but shall normally be kept to less than eight (8) feet in length. Should the contractor find, during the work process, additional concrete removal is necessary; the Contractor shall notify an inspector for approval prior to further concrete removal. If approval is not obtained prior to concrete removal, the replacement of the additional concrete shall be at the Contractor's expense. H. Prior to backfilling, the Contractor shall insure that the Contract Representative or his representatives make an on-site inspection. Both ends from the tie-in to the clean-out assembly need to remain exposed until they have been inspected. Any inconsistencies or deficiencies will be pointed out to the Contractor and corrected by the Contractor immediately. I. Material removed during excavation, meeting Standard Specification 027602, Gravity Sanitary Sewers, may be used as backfill. All backfill material shall be carefully placed and compacted to a level consistent and equal to adjacent undisturbed material. Pipe sections or pieces shall not be considered or used as backfill. All old used pipe sections and pieces shall be removed from job site by the Contractor. The site shall be backfilled to ground level; clean-up and seeding are necessary to produce a completed installation. J. Due to the location of existing wastewater mains and service lines in relation to property lines and street pavement, it may be necessary to obtain a Traffic Control plan from the Traffic Engineering Department prior to beginning work. K. All work at each location shall be completed, including backfill and clean-up, at the end of each work day. All equipment, tools, excess materials shall be removed from each location at the end of each work day. If conditions arise where this may not be possible, the Contractor shall notify the Contract Representative in sufficient time for them to determine if the construction completion can be delayed overnight. L. The safety of the public shall be regarded a prime importance. The Contractor is hereby notified that if the site is to remain unfinished overnight, it shall be the sole responsibility of the Contractor to provide and install complete Safety Barrier Orange Netting around private property excavations, as a minimum; for incomplete street and adjacent sidewalk work, it shall be the sole responsibility of the Contractor to provide and install T-1 REV. 2006 Page 3 of 4 barricades to the satisfaction of the Traffic Engineer and in accordance with local, state and federal Safety Barricading Standards. M. Should the Contractor find any unusual or problem situations during the line installation, the Contractor shall immediately notify the Contract Representative prior to commencing and/or continuing the work. 4. Time of Operation All service work operations shall be performed between the hours of 8:00 a.m. and 7:00 p.m. on Monday through Friday. Work on Saturday and Sunday is expressly prohibited without the prior consent of the Contract Representative. 5. Payment The Contract Representative and the Contractor shall maintain a log of completed work and will verify jobs completed prior to the submission of each invoice. The Contractor shall submit, on a monthly basis, a listing by address and date of jobs completed. Any additional work quantities such as sodding, concrete, asphalt paving, additional lengths of pipe, etc. shall be indicated adjacent to the respective address. This listing, fully annotated Clean-out Location Cards, and video documentation of all service line inspections from the bend to the main shall be submitted prior to invoicing for payment. Payment for service line installations and/or clean -outs shall be made at the contract unit price per assemblies installed, inspected, backfilled, and approved. Additional items authorized by the Contract Representative will also be paid on a unit price basis per the Contractor's proposal. The Contractor may invoice for completed work on a monthly basis. The contract unit price shall be complete payment and shall include all labor, materials, equipment, supervision, insurance, bonds, special adaptors necessary to connect to existing service/main lines, removing and replanting of shrubs, bushes and plants within the area of excavation. When the installation requires an increase or decrease in materials, excavation, etc. for whatever reason, the Contractor agrees that said changes shall not change the unit price bid and shall not be grounds for any claims for additional compensation. T-1 REV. 2006 Page 4 of 4 Technical Specification T - 2 CITY OF CORPUS CHRISTI WASTEWATER DEPARTMENT TELEVISED INSPECTION SERVICES I. GENERAL The City of Corpus Christi Wastewater Department has an operating requirement for pipeline Closed Circuit Televising inspection services of the following nature: A. of existing wastewater lines and/or manholes for condition evaluation B.of existing wastewater lines and/or manholes after rehabilitation or repair C. of new lines and/or manholes, after construction, for quality control and acceptance II. TECHNICAL PROVISIONS The City will be obtaining the services through use of a Multiple Progressive contract utilizing these specifications, which form the basis of the technical requirements of the contract. 1. Scope This specification shall govern for all work, equipment, supervision and materials required to provide for remote closed circuit television [CCTV] inspection and documentation of sanitary sewer or other lines and manholes as required, by approved CCTV Contractors. 2. Technical Requirements 2.1 General: Closed circuit television inspection will typically be done under one or more of the conditions listed below. Requirements for on-screen labeling during each line segment set up, televising, video file labeling and hard copy inspection reports will be specifically addressed. 2.2 Inspection Equipment and Methods: Electronic inspection media shall be used to record the condition of all the segments of the sewers and the manholes, tap locations and unusual situations. The inspection imaging shall be made on color professional grade VHS or DVD format for each line segment. All observations will require both audio and 1105 - T-2 REV 11/07 Page 1 of 8 on-screen display. The camera shall be pulled through the sewer line in either direction at a speed not greater than 30 feet per minute, stopping as necessary to permit proper documentation of the sewer's condition. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. A television camera with pan and tilt capability will be required. The camera, television monitor, and other components of the video systems shall be capable of producing picture quality to the satisfaction of the City. The capture system shall have the capability of recording, digitizing and storing single frames of video images and "real time" live video, as well as collecting, storing and printing pipe line inspection data for graphic display and report generation. The imaging capture system shall store digitized picture images, have the ability to export picture files to industry standard formats (jpg, bmp, and tif), be transferable to DVD and be printed at no cost to the City. Use of proprietary software is discouraged; however, if the contractor provides the software and three licenses to the City, proprietary software COMPATIBLE with the City's GIS and database systems in use may be approved. However, in every case all observations will be recorded using the City approved PACP codes. 2.3 Evaluation of Existing Lines When authorized by the Wastewater representative, a CCTV camera must traverse each line segment from manhole to manhole as specified in the work order. When an obstruction prevents the camera from proceeding, the obstruction will be recorded and a reverse setup will be attempted to view the pipe and obstruction from the other side. If the camera fails to pass through the entire section, the inspection shall be considered complete and no additional inspection will be required. However, the line segment evaluation form, as well as the graphic report, shall note full line length and the length traveled from each manhole set-up. All inspection efforts of the line segment will be recorded on the same tape/disk. The contractor must exert all reasonable effort to televise the entire length of a segment of sewer pipe as described in the contract documents, or to assist the repair crews with usable information for renovation. Prior to transiting the 1105 - T-2 REV 11/07 Page 2 of 8 line the video tape display initially is to include upstream and downstream manhole numbers, pipe size/material, adjacent street names and the date. During the transit the display must show the continuous distance from the insertion manhole with an accuracy of +/- 196 of the actual length to help mark observations on the report form. The video tape must have narrative documentation of notable observations. The Inspection Report shall consist of condition observations recorded using City -approved computer software generated formats, generally conforming with NASSCO and PACP codes. Specifically, items considered notable include: deviations in alignment and grade; abnormal conditions of the pipe barrel and joints; locations and quantities of any sources of infiltration or inflow; dropped, broken, properly / improperly installed service taps; debris, roots or other impediments to flow and any other condition that may prevent either the proper completion of the inspection, or affect any proposed rehabilitation process. 2.4 Evaluation After Repairs / Rehabilitation: Following repairs or rehabilitation to existing lines, a CCTV camera shall travel through each completed line segment. The intent of this process is to inspect the interior of the line to determine the location of repairs, and extent of any unacceptable work. Prior to transiting the line the video display initially is to include upstream and downstream manhole numbers, pipe size / material, adjacent street names and the date. During the transit the display must show the continuous distance from the insertion manhole with an accuracy of +/- l% of the actual length to help mark observations on the report form. Specifically, items such as detailed inspection of the repaired area using pan -and -tilt equipment will be shown in the Inspection Report, including digital photographs of acceptable or inadequate and / or questionable work. The video must include narrative documentation of notable observations, and be cross referenced to the Inspection Report. The Inspection Report shall consist of condition observations recorded using City - approved computer -software generated formats conforming with NASSCO and PACP codes. If a section or sections of line require additional filming after the inspection described above, the Department representative will determine whether 1105 - T-2 REV 11/07 Page 3 of 8 another paid inspection is authorized. If the fault appears to be due to poor CCTV procedures, it will be considered as rework to the work order, and no additional payment will be made. However, if another inspection is required due to improper repairs, then the initial work order will be processed for payment, and an additional work order may be generated to re- inspect the repaired line/area following additional/re-work by others. 2.5 New Pipeline Inspection: Upon completion of the installation of new mains, including any appurtenances such as manholes, service connections, etc., a CCTV camera shall traverse through each completed line segment. The intent of this process is to inspect the interior of the competed line to determine the location service taps and extent of omissions and/or any unacceptable work on the pipeline or manholes, such as sags, gapped joints, protruding gaskets, etc. Prior to transiting the line, the tape display shall initially include the upstream and downstream manhole designations, pipe size, project name and whether the inspection is a 75% or 100% inspection. When inspecting/documenting New Line conditions, the Contractor must conduct a specific inspection for the presence of sags in the newly installed line. One acceptable method is to put out 200-300 gallons into the upstream manhole, or enough to begin to flow from the downstream manhole. Then the water is shut off, and the camera is to transit the line. The graphic report will note the start and stop of sags and approximate maximum depth. During the transit the display must show the continuous distance from the insertion manhole with an accuracy of +/- 1% of the actual length to help mark observations on the Inspection Report form. The video must include narrative documentation of notable observations, and be cross referenced to the Inspection Report. The Inspection Report shall consist of condition observations recorded using approved computer -software generated formats. Specifically, items such as deviations in alignment and grade causing bellies/sags; abnormal conditions of the pipe barrel and joints; locations and quantities of any sources of infiltration or inflow; dropped, broken, properly / improperly installed service taps; or any other condition that may assist the Wastewater Department in determining the quality of the pipeline installation. 1105 - T-2 REV 11/07 Page 4 of 8 2.6 Manhole Inspection: A CCTV camera shall traverse the manhole from top to bottom to record the condition of the manhole and invert for structural condition and sources of infiltration on the manhole and invert. The initial video tape display must show the entry manhole number, location / street address, date and depth. a. The requirement is to commence capturing video at ground level. The video must be steady while panning and lowering to clearly record condition of the ring, corbel, the walls, and pipeline penetrations. The camera is to rotate during descent to inspect typical conditions and all penetrations. At the bottom of the manhole the complete invert will be inspected / viewed for infiltration and general condition. A washed out picture due to sunlight or shaking will be rejected for payment. b. This manhole information may be retained on the same VHS tape / DVD if the line segment is also being investigated, or, if inspection is issued as a separate work order, a separate VHS tape / DVD and report will be required. As with pipeline inspection, digital photographs of key points of note must accompany the report and DVD / VHS tape. c. The format of the Manhole Inspection Report will be as proposed by the contractor and, following discussion, mutually approved by the Wastewater Department and the contractor. It will contain as a minimum: location & G.I.S. I.D.number manhole material condition of ring/cover condition of walls condition of pipe mouths condition of invert above invert penetrations 2.7 Flow Control: manhole diameter depth of manhole evidence of infiltration presence of inflow inhibitor presence of coatings location: street / easement Work includes flow control of the existing sewage. This procedure will be used on all previously accepted (City owned) line segments. Except for New 1105 - T-2 REV 11/07 Page 5 of 8 Line acceptance inspections, the line shall be dewatered during inspection. A water jet cleaning unit will normally be running in the line in advance of the television camera to allow the highest quality picture available. Dewatering shall remove standing water and fog from the line segment to provide 360 degree view of the pipe being televised. Too high water level or the camera being submerged will be grounds for rejection of the inspection. III. CLEANING REQUIREMENTS 3.1 Frequently there may be a requirement to clean debris such as dirt, gravel, rocks, grease, roots and other organic/inorganic debris from existing lines and manholes to allow for inspection to proceed. When this cleaning is authorized, it will be called for on the work order; when not specified, any cleaning required for CCTV inspection is considered subsidiary to the price for these CCTV services. When authorized, the cleaning will be requested from manhole to manhole. The contractor will be required to clean the line segment using hydraulic equipment. The debris being removed from the pipeline shall be removed from the collection system at the receiving manhole, and not be allowed to be merely moved to the next line segment. Debris shall be properly disposed of in accordance with local, state and federal regulations. 3.2 Regarding cleaning of new lines, the City will have been advised by the developer that the lines have been cleaned and are ready for inspection before a work order is initiated. However, if the lines are not adequately cleaned, and the CCTV inspection cannot be completed, the City may: a. pay the contractor the set up at the site and actual footage inspected b. pay the contractor the set up at the site and City - authorized crew standby time, per the schedule of prices c. authorize the contractor to clean the line segment 3.3 Verification that the line segment has been cleaned will be evident in the inspection media submitted under paragraph 2.3 - 2.6. 1105 - T-2 REV 11/07 Page 6 of 8 IV. DELIVERABLES 4.1 The contractor is required to provide the Wastewater representative both narrated CCTV VHS tape / DVD and computer software -generated Inspection Report products, as a result of each work order issued. Acceptable submissions become the property of the City. a. Quality Control: camera distortion„ inadequate lighting, dirty or submerged lens and blurry or hazy pictures determined to be the fault of the contractor will be cause for rejection of the inspection effort. If the quality of the deliverables does not meet with City approval, the Contractor shall repeat the documenting process at not cost to the City. b. VHS Tapes: for each work order, one properly labeled color, professional grade, VHS format videotape, recorded in standard play (SP) mode, will be required. The tape will display continuous distance from the insertion manhole, and include narrative observations at notable points, with correlating information shown in the Inspection Report. Labeling of the tape(s) will include, either typed or neatly printed the following information on both the cassette cartridge and dust cover: Project Name Contractor Date Pipe Size Street Name Tape Number Upstream MH # Downstream MH # Survey / Post / New Work Order # Material Project # c. DVD: for each work order, one properly labeled color, professional grade, DVD, recorded in standard play (SP) mode, will be required. The DVD will display continuous distance from the insertion manhole, and include narrative observations at notable points, with correlating information shown in the Inspection Report. Labeling of the tape(s) will include, either typed or neatly printed the following information on both the cassette cartridge and dust cover: Project Name Contractor Date Pipe Size Street Name Tape Number Upstream MH # Downstream MH # Survey / Post / New Work Order # Material Project # 1105 - T-2 REV 11/07 Page 7 of 8 d. Inspection Reports: inspection reports are to be from City -approved and software -generated formats on 8%" x 11" paper, in color to improve definition of problem areas, and delivered with the VHS tape/DVD. Each report shall include the same information as noted for the VHS labels, plus the following additional information: pipe diameter, pipe material, manhole diameters & depths, whether this is a "reverse" set-up, direction of flow arrow, and total length of the pipeline. Notable observations are to be shown in the report as digital color photos, with up to four images per page. One report is required for each work order, but must be arranged by line segment. Note that the final approval for the use of the contractor's proposed software will be needed before the first work order is initiated. V. MEASUREMENT AND PAYMENT A. Measurement for CCTV Pipeline Inspection shall be as indicated in the contract documents. B. Payment for CCTV Pipeline Inspection shall be made at the unit price bid and shall include all materials, labor, tools, equipment, insurance, incidentals and other items as required to complete the work to the satisfaction of the City and in accordance with the plans, specifications and contract documents. 1105 - T-2 REV 11/07 Page 8 of 8 NINON M. MANHOLE RING AND COVER ADJUSTMENT PROG SZ041.-3 # 10310N WASTEWATER SERVICE LINE REPAIR AND CLEAN -OU ONV NOLLV I1V1SNI r —IHO Oma 22m Q m7r-2_i� -00(.2.13T3-0 mO0Jam —Im m6 �Q -�-om 0 m TO A 4f0UK9 ~k ~ twc m o,navnar Wastewater Service Line Repair & Clean -Out Installation Program and ti Manhole Ring and Cover Adjustment LY —3014/3015 "I'ITLli SHEET, VICINITY MAP AND SHEET INDEX • • 44 2 as CITY of CORPUS CHRISTI TEXAS Deportment o/ Englnaaring Sersrcee O Hie; of go, oEg. \ (1.1,1\02....0 cenervollon pooNepA9.111\ TASNO1-01,11 VOEND PSHRMATIONS-COAT NAMP IIENAlltiwp Lay.; LEGEND Soltov,olo P.. Jun 29, ,010 - 13,01, A e I 0 _a_ 0 0 (i) AAA • AA 8 t C9 g 0 X)sl U /qH1!!65,1006"111"1 vuilorg i '';$,iiit A A A „ AI 1.1840'';;;"150,8,5558F,I805558818q5A; ;A5' A A 5',1 A fl . '6 • 1 `i , PENSION I.. OA% OZSOPIPIION Wastewater Service Line Repair & CleamOut installation Program arid Macho e Ring and Covar Adjustment AA 2014/20 IY6END AND ABBREN ATR IONS CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services 0 -gg-rLi ID 11! 10 g.- 0 11 d Storm Water Manhole Ring & Cover Atliustinenh 55 se' 1 REVISION NO. LATE DESCRIPTION •.-2 , Wastewater Service Line Repair & Clean Out Installation Program and Manht le Ring and Cover Adjustment FY - 2014/2015 GENERAL NOTES = CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services 4 '3,, ',. L7. g ',,' L: ; 1 , 11 d 4. o 40 o 6f.:11 F,^ ''' '.'F40 4 ,.0.,'.• 40444 5 7. 5 4 4 4 Lig' r, ,,,,^: ti 4 4 4 4 4 4 c, 4 ii; 4 4 4-,), Tr: 4888 8 4 '3,, ',. L7. g ',,' L: ; 1 , 11 d 4. o 40 o 4 5 7. 5 4 4 44 Lig' r, ,,,,^: ti ,.I ,.,. RENSION NO. DASE 5 gp.M 4 .9, BID SCHEDULE Br DESCRIPTION Wastewater Service Idle Repair & Clean -Out installation Program and Manho e Ring and Cover Adjustment 50'- 2014,2015 CITY of CORPUS CHRISTI TEXAS Department of Engineering Services m \� \ z \ ITSCRIFTON \ Wastewater Service Line Repair & Clean Out installation ProgLain and Manhole Rinc and Cover Adjustment FY -,.2014/2015 TYPICAL EASEMENT CLEAN—OUT ASSme 311 d 030b36,H b 1(10-NV373 („0-,9) 7V3Id(1 gzNNEz.NN § CITY of CORPUS CHR. AS Deportment 0 w _, FILE: H:\HOME\CarlosR\Gan\2007\STUFF Fon FondolS\CLEAN our 2 or 3 z C0 PEVISI. NO. DATE db1 NIVN d3/13S ,1 d/13AIdR Wastewater Service Line Repair & Cleat -Out Installation Program and Manhole Ring and Cover Adjustment FY - 20141 2015 TYPICAL DRIVEWAY CLEAN—OUT ASSEMBLY CITY of CORPUS CHRISTI TEXAS Department of Engineering Services •?, ' , c) - P,- , .,-,,.,, b. t,i 0: — ,,1 ( 6 ?, ) 88 8 8, - - , r.71°, Fr , t'E 0 k. 0 •C ..„t < o r... rn ....... .'C 0 00 r, c a 4 in en RING & COVER WITH 30" OPENING FOR 4' AND 5' DIA. MANHOLE INSTALLA z i , ir, 2 2. 8 88888 8 88 1 8P 121 2 8 , 8 8 I "88P illr V '3 ° ,,," k. t 1 z 'A -7, >„ ,.•:, p, .T,, 2 , ,, to oa _ 4 i L4 -I ; r: III o 0 < '4 '4 1.4 r" I , -1,,m- i II Aii7, ti J lb, :4 L 1:i;' 8 to .4 1.1 .`. Pi "-.0, i, , 4 g c c Iti , , MANHOLE RING R COVER INHIRITOR-r COMMENTS k k a Cs ,--, -.°, ;.,;• i r• it Zi 0 CI' I. D3 rn t ..... k. 44 ..., 4 y 2 a ..1 Ir. k t 11... .G < • 8 i I 1 -- ,,,0 g t'•°' c,gr ,v MEF 7 7' 25 FECORS WOW. 140 SAN 564 GRGTG -E-_146251 Wastewater Samoa Lute Repam 8 rAean Out InstaRmon Program and Manhole Ring and Cover Adjustment FY 2014 / 2015 CITY OF CORPUS CHRISTI TEXAS rsL.z..: WASTEWATER ,x R 3 0, .. if 0 ' ''' ..:41 • ........ Y. ==, 8 SANITARY SEINER STANDARD DETAILS _ DEPARTMENT 0/09 RENS.. TO GEO CRIPTION ISIO OE RIFE. Wastewater Service Line Repair & Clean -Out talAlion Prom= and Manhole Ring and Coves Adjustment FY —2014 / 2015 SANITARY SEWER STANDARD DETAILS CITY OF CORPUS CHRISTI TEXAS -..,- WASTEWATER 'S + DEPARTMENT Department or Engineering Services JO 155 00, 1510 DE CRIPTIO Was£ewater Serowe Lme Repair le Clean -Out Installation Program and Manhole Rine and Corer Adjustment F,y,_ (> 144,915 SANITARY SE'S/ER STANDARD DETAILS CITY OF 1,' CORPUS CHRISTI TEXAS "7:—.E7, WASTEWATER DEPARTMENT Deportment of Engineering Services FILE: Ari,jec, 21/22/2004 REVISED STO .220/21024 4-2004 r:: s3,w , A i NA 'AA A A A a A A -a 0 a , li S' ' 8 a a 2 o A A 22 N ' % ' 1 2 , . TARI FINAL PACK,L, fosvrER FHAAI 12' ABC, PPE) UHfAVED AREAS PAVED AREAS 4 xi %g g g" g A . Wil iq ' 0 4 0 0 2 Cy 4 P RFASION x0. 07 6 2' Z00 Wastewater Service Line Repair & Clean -Out Installation Program and ManholeRing and Cover Adjustment FY 2014/20/5 00 STANDARD STORM WATER DETAILS CITY OF Ai CORPUS CHRISTI TEXAS STORM WATER DEPARTMENT Deportment of Snginewing Services At A A Sw it A 00 A rfsv „ ,/turas dwg 4-2GD[ N 0 O -G 0 0 n C Q 0 foo It4 .r do s to . ie. u7 /�/ -- �'� Ws +.vete of Line Repair & C1eamOu t in e Il ton Program and Manhole Ring and Cover Adjustment FY —2014/2015 o CURB, GLITTER AND SIDEWALK DETAILS CI7Y of CORPUS CHRIST!�,,;..,� TEXAS eH,g Se./ices 444 4-20. r°s 0 1n Its Wastewater Service Line Repair & Clean -Out Installation Program and Manhole Ring and Cover Adjustment FY - 2014/2015 STANDARD DRIVEWAY DETAILS CITY of CORPUS CHRISTI TEXAS Deponrent o1 Engincerinq Ser 444 /442,444444 44/2004SWCURS4R'4470/st0*y2.00g4-2004 Hh- 75g AAI 445 Wastewater Service Line Repair & Clean -Out installation Program and Manhole Ring and Cover Adjustment FY - 2014/2015 STANDARD DRIVEWAY DETAILS CITY of CORPUS CHRISTI TEXAS CW4.4,, Engineering Services , L REVISION NO. OPICANNON Wastewater Service Line Repair & Clean Out Installation Program and Manhi le Ring and Cover Adjustment FY --2W4!2015 BARRICADE AND CONSTRUCTION GENERAL NOTES AND REQUIREMENTS ASIA' r,..s ”..nverreelon BARRICADE AND CONSTRUCTION GENERAL NOTES AND REOuIREMENTS BCC1)-13 MOD A § 5L _:! \ i'M P.0 !!!§E 9 !r \ ! } 2{ g p pile\ ,2.,,1;;,>RI !( / g p pile\ J\ Wastewater Service Line Repaii Clean Out installation Program and Manht le Ring and Cover Adjustment - 014/2015 BARRICADE AND CONSTRUCTION PROJECT LIMIT STANDARD ArMg____ Stmtlard RARRICADE AND CONSTRUCTION PROJECT LIMIT EICI2) O POISION Wastewater Service Line Repair & Clean Out Installation Program and Manhole Ring and Cover Adjustment FY --21}14120l5 BARRICADE AND CONSTRUCTION WORK ZONE SPEED LIMIT STANDARD 1 e Depertmene nanoporesuon LALede,y_ BARRICADE AND CONSTRUCTION MORK ZONE SPEED LIMIT BC(3)-13 - MOD L Curb a„Q to 14, Wastewater Service I,ine Repair & Clean Out Installation Program and Manhole Ring and Cover Adjustment FY - 2014/2015 BARRICADE AND CONSTRUCTION TEMPORARY SIGN NOTES STANDARD .til ° 'Rum Department of henoportelln BARRICADE AND CONSTRUCTION TEMPORARY SIGN NOTES Sw PCOSION NO, (AL DLICAIPNO Wastewater Service Line Repair & Clean -Out Installation Program and Manhole Ring and Cover Adjustment FY - 20 1.412015 BARRICADE AND CONSTRUCTION TYPICAL SIGN SUPPORT STANDARD AN 1 14"* r nnres Ornment lhonsportahoo 112:: BARRICADE AND CONSTRUCTION TYPICAL SIGN SUPPORT BC 151 - 1 3 - MOD u4L xooi rwq, Nor ra-i e ,qg Z14 FOASION NO. Wastewater Service Line Repair & Cleat -Out Installation Program and Mann tie Ring and Cover Adjustment FY r 2014/201S BMW CADE AND CONSTRUCTION PORTABLE CHANGEABLE MESSAGE SIGN (PCMS) STANDARD Amok' p.m... a 71 a importation BARRICADE AND CONSTRUCT ION PORTABLE CHANGEABLE MESSAGE SIGN IPCMS) sc 16) - 1 3 - MOD n' 00 00 OG 2 • az) 0 R SION NO. lin Wastewater Service Line Repair & Clean -Out Installation Program and Manhole Ring and Cover Adjustment FY -201412015 BARRICADE AND CONSTRUCTION ARROW PANEL, REFLECTORS, WARNING LIGHTS & ATTENUATOR STANDARD 74r4: BARRICADE AND CONSTRUCTION ARROW PANEL, REFLECTORS, WARNING LIGHTS B ATTENUATOR BC (7) -13 - MOD 2 PENSION NO. OAF OWUPIMON 9 ZIP Wastewater Service Line Repair & Clean Out Installation Proms and Manhole Ring and Cover Adjustment EV - 2014/2015 BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES STANDARD AmerlYniaaM The Depart/Nvttal1nnspm Ikr Oy BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES BC($) -13 - MOD 13 ,J" 4-03 9.07 NOON. NO. 9 P Z01 .NN 01 , Wastewater Service Line Repair & Clean -Out installation Program and Manhole Ring and Cover Adjustment TV ri14/201.5 BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES STANDARD Ame*' _Ar7walfl.ea,n».MtasTn.a.Pfltlen 17427 BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES BC - 3 - MOD zoo, 11,4 4 a_ 1 1 1 1 1 1 1 1 1' 1 1 1 1 1 1 1 BY Wastewater Service Line Repair & Clean -Out installation Program and Manhole Ring and Cover Adjustment FY -2R14/2015 BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES STANDARD .11,mrtneal of Tarnroportation BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES BC 110) -13 - MOD ;:°; 8 A 06 fiIFl. WaaYewarer Service Line Repair & Clean -Out Installation Program and Manh>ie Ring,and Cover Adjustment FY-2Q74/201n BARRICADE AND CONSTRUCTION PAVEMENT MARKING STANDARD BARRICADE AND CONSTRUCTION PAVEMENT MARKINGS BCOL)-13- MOD 1N,N2A, 5 4 4 I 2 1 E 4.4 A ,0,101510 0301/110 UO 53211 11 110., 11 i Ir 9 0 0 SNd]tiVd ONIAdVA IN3IN oo 0, 6 Hi ° STANDARD WORK ZONE PAVEMENT MARKINGS DETnLS ritt.101.1 OESOPIPTION cn T st. Wastewater Service Line Repair & Clean -Out installation Program and Manhole Ring and Cover Adjustment FY - *4/2(115 BARRICADE AND CONSTRUCTION PAVEMENT MARKING PATTERNS STANDARD Departinerdol finsporletIon Oarr BARRICADE AND CONSTRUCTION PAVEMENT MARKING PATTERNS 8C(12)-13- M001 August 22, 2016 Mr. Jeffrey H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 REF: WW Services Line Repair & Cleanout Installation & Manhole Ring & Cover Adjustments -PN E 15211 Contractor: RCM Constructors, Inc. Dear Mr. Edmonds, Referenced contract provides the option for the City to renew the contract for two additional years, providing the Contractor is on schedule and his performance is satisfactory. The Contractor is currently ahead of schedule and his performance is satisfactory in all respects. The contract also provides for a price adjustment based on justified increase in construction cost since the last renewal and the forecast for future increases. Normally Engineering News Record (ENR) cost index is used. However, being that ENR does not always reflect local conditions, it has been found Prudent to request the Contractor to provide his proposal for renewal with and justified Increase in the cost of construction. i ECMS ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES 5001 OAKMONT DRIVE CORPUS CHRISTI, TX 78413 361 98611202 OFFICE 361 54914576 MOBILE 361 90612477 FAX By ECMS letter dated August 9, 2016, Enclosure 1, the Contractor was invited to submit his proposal if interested in a 2nd renewal. RCM's proposal letter dated August 15, 2016, Enclosure 2, is for an increase of $32,570, (4.954%). Enclosure 3 is a copy of the latest ENR publication dated August 8, 2016, which shows that the Cost of Construction Index (CCI) is 3.4% for up to August 2016. The CCI forecast for next year is not available until the third quarter. The only item for which the Contractor has justified an increase in the contract amount is for the increased labor cost. The Contractor claims that it is getting more and more difficult to retain good experienced workers due to the nature of the work, especially on cleanouts. Most of the cleanouts require hand work for excavation and backfill of replaced pipes averaging a depth of 5 to 6 feet and occasionally 8 and 9 feet deep. The August 9, 2016 ECMS letter to the contractor requested a revised bid schedule to be included with his proposal. The Contractor's revised bid schedule reflects the proposed contract increase Distributed in the following bid items: A1-4" Cleanout, complete in placeincrease from $510 to $540 per unit A2b-6" Cleanout, complete in placeincrease from $45 to $50 per unit. 13 -CCTV inspection of replaced line increase from $2 to $4 per unit B -1 -Sanitary sewer MH & R&C Adj increase from $1,450 to $1,480 per unit C-1-Stormwater, MH & R&C Adjincrease from $1,280 to $1,300 per unit The Contractor's proposal for an increase of $32,570, which is 4.954% of the current contract amount, appears equitable and approval is recommended. Sincerely yours, Felix H. Ocanas, Jr., P.E. ECMS, LLC (Engineering & Construction Management Services) ECMS@SfX.RR.COM August 9, 2016 RCM Constructor, Inc. P.O. Box 9338 Corpus Christi, TX 78469 Subject: Contract for Wastewater Service Line Repair & Cleanout Installation & Manhole Ring & Cover Adjustment Program -PN E15211 Dear Mr. Mendoza, This is to invite you to submit a proposal for a second -year renewal of subject contract as provided by Section 00 11 16, INVITIATION TO BID, of the contract documents. i ECMS ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES 5001 OAKMONT DRIVE CORPUS CHRISTI, TX. 78413 361 986-1202 OFFICE 361 54914576 MOBILE 36190612477 FAX Normally, the City offers the Contractor the opportunity to renew the contract for an additional year, up to three years total, providing that the contractor is on Schedule, and Management, Quality of Work and Safety practices have been acceptable. To date you have met those requirements and you are at 65% complete. It has also been customary that the City would offer a percent increase or decrease in the amount of the contract amount using Cost -of -Construction indices such as from the Engineering News Record. However, we have experienced that such indices are not entirely representative of local conditions. Therefore, we find it more practical to request the Contractor to identify, with back up data, those contract items which are currently different from the unit prices at time of previous renewal of the original contract. If you are interested in a Contract renewal, please submit your proposal with backup data. We will review your proposal and if the City determines that it would be in the best interest of all parties, the contract will be renewed for the second and last time, otherwise the next project will be advertised for bids. A revised bid schedule is required with your proposal. Should you require any clarifications please do not hesitate, but do so in writing, to ECMS. Please submit your proposal as soon as possible but no later than August 15, 2016. Sincerely yours, Felix H. canas, Jr., P.E. Construction Manager President/CEO, ECMS LLC INCL 1, (ECMS LCC LTR- AUG 22, 2016 -RCM RENEWAL #2) CF: Jeff Edmonds, Jerry Shoemaker, Kent Powers, Daniel Jiangang,Temple RCM Constructors, Inc.. P.O. Box 9338 Corpus Christi, Texas 78469 Phone 361-299-1191 Fax: 361-299-1201 August 15, 2016 ELMS Engineering Felix ()canes, P.E. Corpus Christi, Tx. RE: Contract for Wastewater Service Line Repair and Cleanout installation and Manhole Ring and Cover Adjustment Program- PN E-15211 RCM Constructors Inc. (RCM) received the proposal invitation letter on August 9, 2016, and does want to renew the contract listed above. RCM has been performing this kind of work for over 10 years for the City of Corpus Christi, and we pride ourselves in the work that has been performed to date. RCM has experienced the variety of homeowners' appreciation and gratification for the work completed. This includes, but is not limited to, the repair of their sanitary sewer service connections, and the restoration of their landscape. Attached is a revised bid schedule representing a slight increase of a little under 5% of the existing contract amount of $657,391.00. This increase mainly represents a cost of living increase for labor because of the nature of this type of work which involves retaining hard- working employees. They are required to endure extreme physical challenges like digging with a shovel, working in confined spaces, and need to be physically fit. As for the support for the materials, for the 2016-2017 project, there is no forecasted data from the suppliers because the projected increases are not available from the manufacturers; therefore, because of the lack of future costs, the percentage increase could be subject to fluctuate. If possible, RCM would like to continue working without interruption on the existing contract. This would be a win-win for the City of Corpus Christi as well as for RCM's continuity. Should you have any questions or require additional information, please feel free to call me at 361-815-5858. Offered by RCM CONSTRUCTORS. INC. Rolando Mendoza President INCL 2, PAGE 1 OF 2 (ECMS LLC LTR- AUG 22, 2016 -RCM RENEWAL 112) RCM Constructors, Inc. 4726 Gemini Corpus Christi, Texas 78405 381-299-1191 Project Name: WasteWater Service Line Repair and Clean -Out Installation, Manhole Ring & CoverAdj. Program Project# E-15211(2nd. Renewal) Contractor: RCM Constructors, Inc. Item # Item Description Est Qty Unit Existing Unit Price Total Contract New Revised unit price Renewal Total Contract Mobilization / Demoblization 1 LS $ 120.00 $ 120.00 $ - $ 120.00 1 4' Clean -Out complete -In-place 296 EA $ 510.00 $ 150,450.00 $ 550.00 $ 162,250.00 2 6" Clean -Out complete -in-place 5 EA $ 50.00 $ 250.00 $ 250.00 3 Remove & Replace 4" pipe to & Ind. bend 2850 LF $ 45.00 $ 132,750.00 8 50.00 $ 147,500.00 4 Remove & Replace 8" pipe to & Ind. bend 59 LF $ 9.00 $ 531.00 8 - $ 531.00 5A R/R 4" pipe from bend to main depth 0' to 5' 343 LF $ 40.00 $ 13,720.00 $ - $ 13,720.00 5B R/R 4" pipe from bend to main depth 5' to 10' 40 LF $ 30.00 $ 1,200.00 $ 1,200.00 5C RJR 4" pipe from bend to main depth > 10' 34 LF $ 20.00 $ 680.00 $ 680.00 8A RIR 6" pipe from bend to main depth 0' to 5' 30 LF $ 9.00 $ 270.00 $ 270.00 6B RIR 6" pipe from bend to main depth 5' to 10' 16 LF $ 9.00 $ 144.00 $ 144.00 6C R/R 6" pipe from bend to main depth >10' 16 LF $ 9.00 $ 144.00 $ 144.00 7 Trench Safety measures 500 LF $ 1.00 $ 500.00 $ 500.00 8A Install new taps to main depth 0' to 5' 36 EA $ 300.00 $ 10,800.00 $ - $ 10,800.00 88 Install new taps to main depth 5' to 10' 4 EA .8 275.00 $ 1,100.00 $ 1,100.00 8C Install new taps to main depth > 10' 4 EA $ 250.00 $ 1,000.00 $ 1,000.00 9 Additional main line removal & replacement 200 LF $ 45.00 $ 9,000.00 $ - $ 9,000.00 10 Remove and reinstall existing fence 140 LF $ 2.00 $ 280.00 8 280.00 11 Sod. complete In place per square feet 40 SF $ 2.00 $ 80.00 $ 80.00 12 Concrete flatwork repair complete in place 500 SF $ 22.00 $ 11,000.00 $ - $ 11,000.00 13 CCTV pipeline insp.of s.c./tap 110 40' from c.o. 200 EA $ 2.00 $ 400.00 $ 4.00 $ 800.00 14A CCTV pipeline inspection of replaced main 200 LF $ 2.00 $ 400.00 $ 400.00 148 CCTV pipeline Insp.of exposed&accessibie main 178 LF $ 2.00 $ 352.00 8 352.00 15 Flexible base -limestone repair 50 SY $ 10.00 $ 500.00 $ 500.00 16 Asphalt, pavement repair, complete in place 200 SY $ 30.00 $ 8,000.00 $ - $ 6,000.00 17 Installation of driveway dean -out boot 10 EA $ 200.00 $ 2,000.00 $ 2,000.00 18 Installation of Clean out service conn. To MH 10 EA $ 300.00 $ 3,000.00 $ 3,000.00 19 Curb & Gutter Replacement, complete in place 20 SF $ 10.00 $ 200.00 $ 200.00 B-1 Sanitary Sewer MH Ring&Cover Adj 150 EA $ 1,450.00 $ 217,500.00 $ 1,480.00 8 222,000.00 8-2 Removal & Replacement of pavement 80 SY $ 10.00 $ 800.00 $ 800.00 C-1 Storm Water MH R€ng&Cover Adj. 56 EA $ 1,280.00 $ 71,680.00 8 1,300.00 $ 72,800.00 C-2 Removal & Replacement of pavement 64 SY $ 10.00 $ 540.00 $ 540.00 D-1 Allowance for unanticipated Wastewater C.O. 1 LS $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 667,391.00 8/2112016 $ 689,961.00 $ 689,961.00 32,570 4.95% JNp 2. PAGE 2 OF 2 (MOUE LTR -AUG 22, 2016 -RCM RENEWAL 12) CONSTRUCTION ECONOMICS ENR's 20 -city al erage cost indexes, wages and material prices. Historical data and details for ENR's 20 cities can be found at EN 1i..corn/economics Construction Cost Index ANNUAL INFLATION RATE AUG. 2016 1913=100 1NDEltVAWE MONTH YEAR CONSTRUCTION COST 10385.65 +0.1% +3. i COMMON LABOR 22123.86 0.01 +3.6% WAGE S/HE. 4226 0.0% +3.6% The Cons1rLclion Cost Irtdex"S anPuai ,7latian rate held steady al 3.4% to the seccrr consecutive month. The labor component showed no change. Building Cost Index ANNUAL INFLATION RATE +2.S°,a AUG. 2016 1913=100 INDEX VALUE MONTH YEAR BUILDING COST 5669.50 +0.2% 2.21 SKILLED LASOR 9898.25 +0.11 +2.8% SVACCS/H.1. 54.65 +0.196 +2.8% The i3 ilO,rlg Cost ex'S annual dation rate ir; lled up to 2.8% this month Horn 2.7% the p,suous rlon01. Material Cost Index MONTHLY INFLATION RATE +OA% • AUG. 2016 1913=100 INDEX VALUE MONTH YEAR T,IATERtALS COST 3118.36 =U.--.: +2.6% CEMENT S/TON 113.66 +0.1% -1.8% STEEL slur 49.87 0.0% 40.4% LUMBER S/MBF 513.92 +1.21 +4.1% Trip MCI -Ease 0.4% in fins;. Io6oM g July's 1.1% gain, leaving he index 2.6% above a year ago. ii/uii0arNfNERINiNEftfriirCIAMININEMiNiNiOir,1icrNiMiNEiirriiiiaiEMifiririNirrirCMININiiriiiiNiururiiiirir iii IN The dollar value of total construction put - in -place showed a seasonally adjusted annual escalation rate of 0.3%% in June, down sharply from 2.8%% in May and 4.5%% in April, according to the U.S. Dept. of Commerce. On a year-to-date basis, total construction through the first half of 2016 was up 6.2%, which was down from May's 8.2% year-to-date pace. Private work rose 7.8% for the year, compared to May's 9.6% annual increase. The public sector posted a 1.5% annual gain, compared to 3.8% in May, TOTAL CONSTRUCTION Seasonally adjusted rate in (a) billions 1700- 1100 law Feb.'16 March April May June '16 %WENT CHANGE'. MAY '1645. MAY '15. SOURCE DEPT. OF COMMERCE w a �jjyy 2016 r( 2015 %CRO. k) 1086. l !)I .J.i JLI;E I 9)1� .1 JUNE #!). : MONTH 1 fti," YEAR COTISTHUCTf01t 1!ALLE YEAR-TO-DATE. 6 OIL. RESIDENTIAL BUILDINGS LODGING OFFICE COMMERCIAL 2015 JUNE 2015 JUNE °5 COG. MONTH "09.39 379.71 3.0 213.96 198.579 +5,4 q; CHG. YEAR CONSTRUCTION VALUE YEi1R-TD-DATE. S OIL 12.44 9.71 - 1.4 26.73 21.40 +2.6 32.60 30.14 +1.0 HEALTH CARE EDUCATIONAL RELIGIOUS AMUSEMENT AND RECREATION 15.44 15.00 -1.6 8.75 8.14 +1.6 TRANSPORTATION COMMUNICATION POWER MANUFACTURING 1.81 5.31 5.75 B.96 1.63 +5.7 +7.7 +28.1 +24.9 +8.1 +2.9 +7.5 +10.8 4.41 -2.6 +21.9 6.06 +1.7 8.92 +4.5 41.53 38.40 - 1.2 35.61 36.60 -0.5 -5.1 +0.5 +8.2 - 2.7 2016 I 2015 I JUNE JUNE 1 CHG. MONTH RESIDENTIAL BUILDINGS 3.01 3.04 ! +4.5 OFFICE 3.68 I 3.94 j +7.6 COMMERCIAL HEALTH CARE 1.63 1.08 +3.1 4.22 3.46 -0.6 EDUCATIONAL PUBLIC SAFETY AMUSEMENT ANBAIEC EATION TRANSPORTATION POWER HIGHWAY AND STREET SEWAGE AND WATER DISPOSAL WATER SUPPLY CONSERVATION AND • DEVELOPMENT 32.25 30.47 +1.6 3.82 3.97 +1.4 % CHG. YEAR - 0.7 -6.4 +51.2 - 0.5 +5.9 - 3.8 4.80 4.63 +5.5 -0.5 14.57 14.70 -0.9 4.61 5.09 -3.5 36.85 35.45 +23.2 -0.9 - 9.5 +3.9 10.96 11.53 +2.7 +3,5 5.69 6.01 +3.3 - 5.3 3.73 3.66 +7.1 +1.9 SOURCE DEPT. OF COMMERCE. CONSTRUCTION Pa -N. PLACE DETAILS WAY HOTAOD se TO IOTA„ sea ALL TYPES OF CONSTRUCTION ARE NOT %CNN SEPAPATELI enrcom August 8/15, 2016. ENR • 41 INCL 3, PG 1 OF 5 (ECMS LLC LTR- AUG 22, 2016 RCM RENEWAL #2A Using ENR Indexes ENR Indexes L Like 0 ) Send Ttve-". Share 0 0 Readers of ENR direct a steady stream of questions about the magazine's indexes and how to accurately apply them to various construction projects. To help clarify the nature and uses of the cost indexes, here are answers to the most frequently asked questions and suggestions on how to avoid costly mistakes. What is the difference between ENR's Construction Cost Index and its Building Cost Index? The difference is in their labor component. The CCI uses 200 hours of common labor, multiplied by the 20 -city average rate for wages and fringe benefits. The BCI uses 68.38 hours of skilled labor, multiplied by the 20 -city wage- fringe average for three trades—bricklayers, carpenters and structural ironworkers. For their materials component, both indexes use 25 cwt of fabricated standard structural steel at the 20 -city average price, 1.128 tons of bulk portland cement priced locally and 1,088 board ft of 2x4 lumber priced locally. The ENR indexes measure how much it costs to purchase this hypothetical package of goods compared to what it was in the base year. ,What kinds of construction do the ENR indexes represent? The two indexes apply to general construction costs. The CCI can be used where labor costs are a high proportion of total costs. The BCI is more applicable for structures. Where does ENR get its data? ENR has price reporters covering 20 U.S. cities who check prices locally. The prices are quoted from the same suppliers each month. ENR computes its latest indexes from these figures and local union wage rates. Does ENR have cost indexes for cities outside the U.S.? No. However, we publish a limited amount of international cost data in our Fourth Quarterly Cost Report in December. Are material prices averaged? No. ENR reporters collect "spot prices" from a single source for all of the materials tracked, including those in the index. The reporters survey the same suppliers each month for http://www.enr.com/econornics/faq/ INCL 3, PG 2 OF 5 (ECMS LLC LTR- AUG 22, 2016 -RCM RENEWAL 112) Using ENR Indexes materials that affect the index. Actual prices within a city may vary depending on the competitiveness of the market and local discounting practices. This method allows for a quick indicator of price movement, which is its primary objective. Do the city indexes have different weightings? No. Each city uses the same weight for the labor and materials components as the U.S. average index. Do the indexes measure cost differentials between cities? No. This is one of the more common errors in the application of ENR's indexes, which only measure the trend in an individual city and in the U.S. as a whole. Differentials between cities may reflect differences in labor productivity and building codes. Moreover, quoting bases for lumber and cement vary from one city to another. One city may report list prices while in another prices for the same material may include discounts. ,---.Da Are indexes seasonally adjusted? No. This is an important point for users of the indexes to keep in mind. Wks, the most important component, usually affect the indexes once or twice a year. Cement prices tend to be more active in the spring while fabricated structural steel pricing tends to have monthly adjustments. Lumber prices, more dependent on local pricing and production conditions, are the most volatile and can change appreciably from month to month. Declines in indexes are most often the result of falling lumber prices. The study of an index movement for a period of less than 12 months can sometimes miss these important developments. Users of an index for individual cities should also watch the timing of wage settlements. Stalled labor negotiations may keep the old wage rate in effect longer than a 12 -month period, giving the appearance of a low inflation rate. Is it more accurate to use an index that is closest to my home city? No. The 20 -city average index is generally more appropriate. Because it has more elements, it has a smoother trend. Indexes for individual cities are more susceptible to price spikes. Are annual averages weighted? No. They are straight mathematical averages. Are the indexes verifiable? Yes. ENR's national indexes are updated in the first week of each month on the Construction Economics pages of the magazine while indexes for individual cities appear in the second issue of the month. Prices for the indexes' materials component are published in the preceding month on the Construction Economics pages. INCL 3, PG 3 OFS (ECNMS LLC LTR- AUG 22, 2016 -RCM RENEWAL R2) httq://www.enr.com/economicsifaq/ Using ENR Indexes Cement prices are in the first issue of the month, lumber prices in the third and steel in the fourth issue. Wage rates for all 20 cities are published in the second and third Quarterly Cost Reports. The reader can compute ENR's indexes by multiplying the published prices and wages by the appropriate weights, shown in the tables below, and summing the results. DoesPARjorecagjts_lade s,J Yes. ENR projects its BCI and CCI for the next 12 months once a ear in a Fourth OuarterJ _ Cost Report To reach its forecast, ENR incorporates the new wage rates called for in multiyear, collective-bargaining agreements and estimates for areas where new contract terms will be negotiated. ENR estimates the materials component by studying consumption forecasts and price trends. Does ENR ever change the weighting of the index components? No. The components are always multiplied by the same factors. However, a component's share of an index's total will shift with its relative escalation rate. Has ENR ever changed the makeup of the index components? Yes. Only once, in 1996. ENR was forced to switch from the mill price for structural steel to the 20 -city average fabricated price for channel beams, I -beams and wide -flanges when ENR's sources for mill prices left the structural market. Does ENR revise the indexes? Yes. On some occasions, ENR must revise the indexes. For example, ENR revised its March 2004 indexes shortly after their initial publication to reflect the huge surcharges being placed on structural steel. Revisions to national indexes are published below. Revisions to indexes for individual cities are published in the tables on the following pages. --tv•Do ENR's cost indexes capture all the factors influencing construction costs? No. ENR's two primary Lost indexes, the Construction Cost Index and the Building Cost Index, each have only four components (inputs) --c�em� nt, lumber, structural steel, ander. They do not capture all the factors influencing project costs. They merely offer a snapshot of general cost trends. Why doesn't ENR publish data on construction costs in Florida or Arizona? When we first began collecting cost data in the 1930's Florida and Arizona were very lightly populated. We have decided not to revise our list of 20 cities, in order to preserve the continuity of our data sets. ma 3, PG 4 OF S (EMS LLC 17R -AUG 22, 2016 -RCM RENEWAL 42) http://www.enr.com/economics/faq/ Using ENR Indexes Where can I obtain data on construction costs in Florida or Arizona, or other states that ENR does not collect cost data from? There are three major firms that collect construction cost data -- R.S. Means, Marshall and Swift/Boeckh, and BNI Books -- all of which have data for most regions of the U.S., including Florida and Arizona. What data does ENR publish on building material prices? ENR has been collecting; compiling and publishing price data on 67 different building materials, in 20 major U.S. cities, plus Montreal and Toronto, on a monthly basis for over 50 years. We publish a table of cement and concrete and aggregate prices in our first weekly issue every month, pipe prices the second week, lumber, drywall and insulation prices the third week, and steel prices the fourth week. How can I get any of this building material price data going back in time? If you only need this data for a few specific months in the past, the best way to get it is to get those tables off our website. The monthly tables since January 2005 are posted on our website. To find them, go to our Construction Economics Index. If you need cost data prior to 2005, then you need to find a library that has copies of ENR for that time period. If you have any further questions, please call Scott Lewis, phone: 646-849-7121. 1Na 3, PG 5 OF5 (ELMS LLC LTR- AUG 22, 2016 -RCM RENEWAL !!2) http://www.enr.com/economics/faq/ 00 52 23 AGREEMENT Contract Renewal This Agreement, for the Project Contract Renewal, approved on September 1, 2016 , is between the City of Corpus Christi (Owner) and RCM Constructors, Inc. (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: Contract Renewal #2: E16406 Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment Program (E14025; E15211) ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Felix H. Ocanas, Jr., P.E. ECMS (Engineering and Construction Management Services) 5001 Oakmont Drive Corpus Christi, TX 78413 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 completed within 365 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 365 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 Contract Renewal #2 #16406 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. Completion of the Remaining Work: Contractor agrees to pay Owner $ 500 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. 2. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 3. 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 Contract Renewal Price ARTICLE 5 — PAYMENT PROCEDURES $689,961.00 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 Contract Renewal #2 #16406 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 Contract Renewal #2 #16406 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 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. E. 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. F. 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. G. 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. H. 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. 1. 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. J. 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 K. 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 Contract Renewal #2 #16406 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI '{ 1 1i C Digitally signed by Rebecca Huerta _ DN: cn=Rebecca Huerta, o, ou, email=rebeccah@cctexas.com, c=US Date: 2016.11.29 09:36:05 -06'00' Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: 2016.11.18 08:36:37 -06'00' 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: 2016.11.28 12:43:12 -06'00' J.H. Edmonds, P.E. Director of Engineering Services N/A AUTHORIZED BY COUNCIL ATTEST (IF CORPORATION) CONTRACTOR Charles Webb Digitally signed by Charles Webb Date: 2016.09.11 12:26:11 -0500' Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer RCM Constructors, Inc. By: Title: Digitally signed by Rolando Rolando Mendoza Mendoza Date: 2016.09.11 12:22:24 -0500' President P.O. Box 9338 Address Corpus Christi TX 78469 City State Zip 361/299-1191 361/299-1201 Phone Fax rcmconstructors@yahoo.com EMail END OF SECTION Agreement 00 52 23 - 6 Contract Renewal #2 #16406 Rev 06-22-2016 ACORD CERTIFICATE CERTIFICATE OF LIABILITY INSURANCE �...0''' DATE(MM/DDIYYYY) 9/13/2016 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(les) 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 Higginbotham Insurance Agency, Inc. dba Swantner & Gordon Insurance PO Box 870 CONTACT Donna Tischler NAME: PHONE�,�). 361-883-1711 FAX 361-844-0101 E-MAIL aDn�ss:dtischler@higginbotham.net Corpus Christi TX 78403-0870 INSURER(S) AFFORDING COVERAGE NAIC o INSURER A :American Fire and Casualty Company 24066 INSURED RCMCOI RCM Constructors, Inc. PO Box 9338 Corpus Christi TX 78469 INSURER B :Westem American Insurance Co. 80993 INSURER C :Ohio Casualty Insurance Company 24074 INSURER D :Texas Mutual Insurance Company 22945 INSURER E : Great American Insurance Co of New 22136 INSURER F : 1143927679 ER: ~ THIS .IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TERM OR CONDITION OF ANY CONTRACT PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS INSR LTRINSD 'TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POUCY EFF (MM1DD/YYYY) POUCY EXP (MMIDDIYYYY) LIMITS A x COMMERCIAL GENERAL LIABIUTY BLA57211388 7/18/2016 7/18/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO PREMISES (EaENTED occurrence) $1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $15.000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PER: JECT LOC PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE X UABIUTY ANY AUTO AUTOppSNED HIRED AUTOS x - X SCHEDULED NON -OWNED AUTOS BAW57211388 7/18/2016 7/18/2017 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LAB EXCESS UAB X OCCUR CLAIMS -MADE US057211388 7/18/2016 7/18/2017 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 $ DED RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory to NH) Ites, describe under DESCRIPTION OF OPERATIONS below Y N N N J A 0001119432 7/19/2016 7/19/2017 X STATUTE OTETH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 E Leased or Rented Equip -ACV MAC863657007 7/18/2016 7/18/2017 Per Item $450,000 Per Occurrence $900,000 Deductible $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) See Attached... CANCELLATION I City of Corpus Christi - Engineering Services Attn: Sylvia Arriaga - Construction Contracts Mgr. P.O. Box 9277 Corpus Christi TX 78469-9277 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 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD ACO AGENCY CUSTOMER ID: RCMCO1 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 2 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED RCM Constructors, Inc. PO Box 9338 Corpus Christi TX 78469 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER. 25 FORM TITLE:CERTIFICATE OF LIABILITY INSURANCE General Liability: The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. [Commercial General Liability Extension, Form CG8810 0413]. The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder on a Primary and Non -Contributory basis for ongoing operations only when there is a written contract between the insured and certificate holder that requires such status. [Commercial General Liability Extension, Form CG8810 0413] . The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder for completed operations only when there is a written contract between the insured and certificate holder that requires such status. [Additional Insured - Automatic Status When Required in Construction Agreement with You -Contractors - Completed Operations, Form CG8611 0413]. The Business Auto policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. [Waiver of Transfer of Right of Recovery Against Others to Us, Form CA8862 0113]. Business Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. [Business Auto Coverage Enhancement Endorsement, Form CA8810 0110]. Workers' Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. [Texas Waiver of Our Right To Recover From Others Endorsement, Form WC420304B 06/14]. Workers' Compensation policy includes Longshore and Harbor Workers' Compensation Coverage - Form TMLHW2001 09/01. Umbrella follows form underlying General Liability, Auto Liability & Employers Liability. The General Liability policy includes a blanket 30 day notice of cancellation to cert holder that provides this feature only when there is a written contract between the insured and certificate holder that requires it. Additional Insured - Amendment of Cancellation Provisions or Coverage Change - Form CG8970 0413. The Business Auto policy includes a blanket 30 day notice of cancellation to cert holder that provides this feature only when there is a written contract between the insured and certificate holder that requires it. Amendment of Cancellation Provisions - Form CA8860 0712. The Workers Compensation policy includes a specific 30 day notice of cancellation to cert holder that provides this feature only when there is a written contract between the insured and certificate holder that requires it. Texas Notice of Material Change Endorsement - Form WC420601 01/94. *Forms/Endorsements available upon request. ACORD 101 (2008101) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACO AGENCY CUSTOMER ID: RCMCO1 LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED RCM Constructors, Inc. PO Box 9338 Corpus Christi TX 78469 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Auto Liability policy includes an endorsement providing that 10 days' notice of cancellation will be furnished to the certificate holder except 10 days' notice of nonpayment of premium per Form CA 8863 09/12 Amendment of Cancellation Provisions. Project: E16406 Contract Renewal #2 - Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment (E14025; E15211) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG8611 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section 11 - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products -completed operations hazard". However. a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the s insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Sult under Section IV - Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "properly damage" occurs. " 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, A reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. CG 86 11 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section II - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. D. With respect to the insurance afforded by this endorsement, Section IV - Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; . b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. Paragraph 4. of Section IV - Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. CG86110413 Regardless of the written agreement between you and an additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 J WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU CG88100413 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I • Coverage A - Bodily injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (I) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. CG 88 10 04 13 ® 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section 1- Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of eamings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11 - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contrail, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury". "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (3) (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. CG 88 10 04 13 ® 2013 Liberty Mutual Insurance Includes copyrighted material of InsuranceServices Office, Inc, with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer 13 workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co "employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; A (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and CG 88 10 04 13 ® 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc, with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. CG 88 10 04 13 ® 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 89 70 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: 1 If you have agreed in a written contract or written agreement to provide a person or organization notice R = of cancellation we agree to the following: Provide 30 days prior written cancellation notice to such person or organization for reasons other than nonpayment of premium, but only if we are provided with a schedule of persons or organizations with whom you have agreed to provide notification more than 30 days before the cancellation is to take ir..........1 effect. For purposes of this endorsement, knowledge of the agent as to the persons or organizations requesting notice of cancellation is insufficient to invoke our duty to provide notice of cancellation unless the identity of the persons or organizations is provided directly to us in accordance with the terms of this endorsement. Failure to provide notice to a person or organization in accordance with the terms of this endorsement shall not extend the effective date of the cancellation or otherwise affect cancellation of the policy as to any insured. 0 CG 89 70 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 a M COMMERCIAL GENERAL LIABILITY CG 88 60 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EACH LOCATION GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which can be attributed only to operations at a single "location" owned by or rented to you: 1. A separate Each Location General Aggregate Limit applies to each "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Each Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Each Location General Aggregate Limit for that "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Each Location General Aggregate Limit for any other "location". 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Each Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section 1 - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section 1 - Coverage C Medical Payments, which cannot be attrib- uted only to operations at a single "location" owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Each Location General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - .7, completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Each Location General Aggregate Limit. D. For the purposes of this endorsement, the following definition is added to Sectio n V - Definitions: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 88 60 12 08 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 COMMERCIAL AUTO CA 88 62 01 13 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: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM The Transfer Of Rights of Recovery Against Others To Us Condition does not apply to the person(s), or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. SCHEDULE Name(s) of Person(s) or Organization(s): BLANKET AS REQUIRED BY WRITTEN CONTRACT (If no name appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). CA 88 62 01 13 ® 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL AUTO CA 88 60 07 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: If you have agreed in a written contract or written agreement to provide a person or organization notice of cancellation we agree to the following: imprrnme a. Provide 30 days prior written cancellation notice to such person or organization for reasons other than nonpayment of premium, but only if we are provided with a schedule of persons or P organizations with whom you have agreed to provide notification more than 30 days before the cancellation is to take effect. mszei For purposes of this endorsement, knowledge of the agent as to the persons or organizations requesting notice of cancellation is insufficient to invoke our duty to provide notice. of cancellation unless the identity of the persons or organizations is provided directly to us in accordance with the terms of this endorsement. 37 ,parnirrrni o Failure to provide notice to a person or organization in accordance with the terms of this endorsement shall not extend the effective date of the cancellation or otherwise affect cancellation of the policy as to any insured. CA 88 60 07 12 m 2012 Liberty Mutual Insurance Includes copyrighted material of InsuranceServices Office, Inc., with its permission. Page 1 of 1 COMMERCIAL AUTO CA 86 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE -BROADENED COVERAGE GLASS REPAIR- WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) HIRED AUTO COVERAGE TERRITORY LOAN / LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING AND LABOR UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 3 12 18 5 13 1 21 2 22 10 15 6 20 14 16 11 8 9 4 7 17 19 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to the following as an insured: d. include Any legally incorporated entity of which you own more than 50 percent of the voting during the policy period. However. "insured" does not include any organization that; (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; stock CA 88 10 01 10 02010 Libeny Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted: or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that 'employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and Only for the duration of that contract, agreement or permit (3) 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE. Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to S3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" 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 earn- ings up to S500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos': a. You hire, rent or borrow; or CA 88 10 01 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual Toss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 CA 88 10 01 10 02010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than S75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to S500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is S1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: CA 88 10 01 10 02010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a S100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", I. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. a C. SECTION V - DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. CA 88 10 01 10 @2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 5 of 7 s 4. An executive officer or the "employee" designated by the Named Insured to give such 0 notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 15. GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV - BUSINESS AUTO CONDITIONS Is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; CA 88 10 01 10 02010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. CA 88 10 01 10 0)2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 7 of 7 TeXaSMutuar ,os� WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured Copy 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 OPERATIONS 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 07/1912016 at 12:01 a.m. standard time. forms a part of: Policy No. 0001119432 of Texas Mutual Insurance Company effective on 07/19/2016 Issued to: RCM CONSTRUCTORS INC Premium: $1,435.00 NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 (800) 859-59951 Fax (800) 359-06501 texasmulual.com 4/Le Authorized Representative 07118/2016 WC420304B TexasMutuar Insurance Company WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured Copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy; we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice: 30 2. Notice will be mailed to: Schedule CITY OF CORPUS CHRISTI - ENGINEERING SER DBA: VICES CONTRACT ADMINISTRATOR P.O. BOX 9277 CORPUS CHRISTI TX 78469 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 0711912016 at 12:01 a.m. standard time, forms a part of: Policy No. 0001119432 of Texas Mutual insurance Company effective on 07/19/2016 Issued to: RCM CONSTRUCTORS INC Premium: $1.435.00 NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 (800) 859-59951 Fax (800) 359-06501 texasmutual.com Authorized Representative 0711812016 WC 42 06 01 00 6116 PAYMENT BOND BOND NO. CNB -23220-00 Contractor as Principal Name: RCM Constructors, Inc. Mailing address (principal place of business): P.O. Box 9338 Corpus Christi, TX 78469 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: Contract Renewal #2: E16406 Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment Program (E14025; E15211) Date of the Contract: September 1, 2016 Contract Price: 5689,961.00 Bond Date of Bond: NOVEMBER 16, 2016 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: INSURORS INDEMNITY COMPANY Mailing address (principal place of business): 225 SOUTH FIFTH STREET WACO, TEXAS 76702 Physical address (principal place of business): SAME Surety is a corporation organized and existing under the laws of the state of: TEXAS 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): 800-933-7444 Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name: SWANTNER & GORDON INS AGENCY LLC Address: 500 N. SHORELINE BLVD., SUITE 1200 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Email Address: memoore@hicgcginbotham. 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 Contract Renewal #2: E16406 WWtr CleanOuts 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 same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Prin p Iy,� / Signature:� i, / O " �'�11 oy Surety Signature: :�/ /l ; ,r . Name: i o fa ^4 Jo MeAitiazi Name: ELLEN MOORE �J S, p,41 Title: py1 Title: ATTORNEY IN FACT Email Address: Y'c{MCo'00.Vvdon PyQhoa-caw Email Address:memoore@higginbotham.net . Sn"Y! i? .'. : W •, (Attach Power of Attorney and place surety seal below) �•• 7-.7 qt.:- : ,....... J' Y '••'l41l.II 11'V1 .. END OF SECTION Payment Bond Form Contract Renewal #2: E16406 WWtr CleanOuts 006116-2 7-8-2014 • _; nrr • .i ! r r� "� •r..w nw• p w r, • ` � a r INS IND(MNITY COMrhV111 POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB -23220-00 That 1NSURORS 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 Mary Ellen Moore of the City of Corpus Christi, 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: Attest! 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. INSURORS INDEMNITY COMPANY 1A-01By: Tammy Tieperecretaty Dave E. Talbert, President State of Texas County of McLennan On the 11m day of November. 2014, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert and Tammy Tieperman, who being by me duly swom, ackno edged that they executed the above Power of Attorney in their capacities as President and Corporate Secretary, respectively, `dr nsurors Indemnity Company, and ackn, Attorney to be the voluntary act and deed of the Company. ! 1 I SHERRI WHITEHOUSE Notary Public NotaryPublic, State of Texas -�,,� STATE4FTEXAS I ' _ Comm. Fop. May21.2017 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 Attomey 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 Attomey, 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 Attomey 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 Attomeys 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 16th day of November . 2016``\1; ,11 i 1111: NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WOR81.� =00 TI ITC 9 OF -ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. O. BOX 2683, WACO,S S 7 172 Ft.ppAIL US AT CONFIRMATIONOINSURORSINDEMN� �. ` • P 1� •. . .• .. ••.11... . ''.111;;!1W: ••••.� • Jam_ • INSURS P&C 877 2821625 floods 800 933 7444 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@a,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. IYDti441tY CS►MPAMIIt 225 South fifth Street PO Box 2683 Waco. Texas 76702.2683 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(a,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. insurorsindernnity.corn 00 6113 PERFORMANCE BOND BOND NO. CNB -23220-00 Contractor as Principal Name: RCM Constructors. Inc. Mailing address (principal place of business): P.O. Box 9338 Corpus Christi, TX 78469 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: Contract Renewal #2: E16406 Wastewater Service Line Repair and Cleanout Installation and Manhole Ring and Cover Adjustment Program (E14025; E15211) Date of the Contract: September 1, 2016 Contract Price: 5689,961.00 Bond Date of Bond: NOVEMBER 16, 2016 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: INSURORS INDEMNITY COMPANY Mailing address (principal place of business): 225 SOUTH FIFTH STREET WACO, TEXAS 76702 Physical address (principal place of business): SAME Surety is a corporation organized and existing under the laws of the state of: TEXAS 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): 800-933-7444 Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety Name:SWANTNER & GORDON INS AGENCY LLC Address: 500 N. SHORELINE BLVD., SUITE 1200 CRpUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Email Address: memoore@higginbotham. 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 Contract Renewal #2: E16406 WWtr CleanOuts 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 cis if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Prin % r Signature: \ v�b /h/1..4.1. N� Surety /�j� Signature: L!_ ;-, `� �1� rn� ( / �lVt / Name: I` d /a ^ICO r 1 E /462. Name: MA ELLEN MOORE Title: I V'C'S / cl ASI f Title: ATTORNEY IN FACT Email Address: YC )41 CO4aCVUofolrS09ygko0.cow Email Address: memoore@higginbothar«.net (Attach Power of Attorney and place surety seal below) v :• 0 (0 1 �(-41S \ l' ••illi I.. ' 'J i J S END OF SECTION Performance Bond Contract Renewal #2: E16406 WWtr CleanOuts 006113-2 7-8-2014 INS ftiDIA•NITY CONstAlilIS POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB -23220-00 That 1NSURORS 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 Mary Ellen Moore of the City of Corpus Christi, 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: Attest. 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. • Tammy Tieper n, ' ecreta INSURORS INDEMNITY COMPANY By. 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 and Tammy Tieperman, who being by me duly sworn, acknov, edged that they executed the above Power of Attorney in their capacities as President and Corporate Secretary, respectively, of nsurors Indemnity Company, and acknQwle e i P vet ref. Attorney to be the voluntary act and deed of the Company. Notary Public, State of Texas SHERRI WHITEHOUSE Insurors Indemnity Company certifies that this Power of Attorney is granted under and by 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 Attomey in Fact pursuant to a Power of Attomey 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 Attomey 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 lnsurors 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 16th day of November , 2016 ,,\\\;111111/;,,, i Notary Public STATEOFTEXAS Comm. Exp. Mayr 21,2017 •�ir� w �.- �I►-r{i _ rr 11 authority oft a following IIIIIW A -41A1- 4 MilIP' et•I'D •ammy Tied,=1+ J a NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORNv:O Mgt.' CALL 800 933 7444 OR WRITE TO US AT P. O. BOX 2683, WAC0,3: XAS 74046, f CONFIRMATIONOINSURORSINDEMN1XL.. ✓/ • • • •1 oma= .Eli OF ATTORNEY, PLEASE IL US AT 1NSURS P&C 877 282 1 5 Scolds, 800 933 7444 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@a,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. i$►'$M+ OtT r.)MPAhIIt 225 South fifth Street PO Box 2683 Waco. Texas 76782.2683 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@a,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.cor'i