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ENGINEERING Terracon Consultants, Inc.
SERVICES Attn: Lee Garrett, P.G., Principal
Po Box 9277 3606 WOW Rd
Corpus Christi Corpus Christi, TX 78413
Texas 78469-9277
1201 Leopard Street
3'x Floor RE: Remedial Activities Associated with the Analysis, Transportation and Disposal of
Corpus Christi Oil Contaminated Soil & Groundwater at the Ayers Street Project (Project E15106)
Texas 78401
Phone 361-826-3500
Fax 361-826-3501 Mr. Garrett:
www.cctexas.com
Construction Inspection Enclosed is the executed Agreement for providing Professional Services in
4917 I-Iolly Rd.,Bldg.5
Corpus Christi the amount not to exceed $39,240.00. Please proceed per Agreement.
Texas 78411
Phone 361-826-3555
Fax 361-826-3520 Reference invoices as shown above with the project number and name.
Submit Invoice(s) to:
City of Corpus Christi
Department of Engineering Services Attn: Accounts Payable
P. O. Box 9277
Corpus Christi, TX 78469
Sincerely,
Jeff H. Edmonds, P.E.,
Director of Engineering Services
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EMERGENCY CONTRACT FOR PROFESSIONAL SERVICES
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Project: Remedial Activities Associated with the Analysis, Transportation and Disposal of
Oil Contaminated Soil and Groundwater at the Ayers Street Project (Project E15106)
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277. Corpus Christi,
Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee
(Director) and Terracon Consultants, Inc., a Delaware corporation, 3606 WOW Rd. Corpus Christi,
Nueces County, Texas 78413, (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL 3
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 4
ARTICLE V OPINIONS OF COST 5
ARTICLE VI INSURANCE REQUIREMENTS 5
ARTICLE VII INDEMNIFICATION 5
ARTICLE VIII TERMINATION OF AGREEMENT 6
ARTICLE IX RIGHT OF REVIEW AND AUDIT 7
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 10
EXHIBITS
I
I
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Ayers Street Remediation(Project E15106)
I
ARTICLE I -SCOPE OF SERVICES
1.1 City and Consultant agree that the services provided are properly described in the Scope of Services,which
is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all
associated services required for Consultant to provide such Services, pursuant to this Agreement,and any and all
Services that would normally be required by law or common due diligence in accordance with the standard of care
defined in Article XIII of this Agreement.The approved Scope of Services defines the services to be performed by
Consultant under this Agreement.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract.At
review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and
Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services
attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed
must be in writing.
1.3 Consultant shall provide labor,equipment,and transportation necessary to complete all services agreed to
hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform
work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant
must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%
of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ
or Scope of Services must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed
on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates(project progress or delays) in the format requested by the
City with each monthly invoice.
1.6 For design services,Consultant agrees to render the professional services necessary for the advancement
of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its
responsibilities, as defined and described in City's General Conditions for Contracts, excerpt attached as Exhibit
C.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultant's Scope of Services during the
performance of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors, and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A an4
A-t-. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless
stated otherwise.
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Ayers Street Remediation(Project E15106)
1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3rd party
owners/operators.
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review).
The City reserves the right to retain a separate consultant to perform additional QCP services for the City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the
QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III —COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $39,240.00.
3.2 The Consultant's fee will be on a lump sum or time and materials(T&M)basis as detailed in Exhibit A and
will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule with their proposal.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks
provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed
and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of
notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of
billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on
the Project,the number of hours that each individual worked,the applicable rates from the Rate Schedule and any
reimbursable expenses associated with the work. City will make prompt monthly payments in response to
Consultant's monthly invoices in compliance with the Texas Prompt Payment Act.
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Ayers Street Remediation(Project E15106)
I
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request,all services for which
Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's
knowledge, information and belief, be free and clear of liens,claims,security interests or encumbrances in favor of
Consultant or other persons or entities making a claim by reason of having provided labor or services relating to
this Agreement. Consultant shall indemnify and hold City harmless from any liens, claims,security
interests or encumbrances filed by anyone claiming by, through or under the items covered by
payments made by City to Consultant.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from
damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City,Consultant shall be required
to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures
provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims
procedures as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its
annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds.
The right to suspend work under this provision does not relieve the City of its obligation to make payments in
accordance with section 3.5 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
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Ayers Street Remediation(Project E15106)
4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any
Additional Services until requested in writing by the Consultant and written authorization is provided by the Director
of Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this
Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the
schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's
ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten
business days of becoming aware of a factor that may affect the Consultant's ability to complete the services
hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the
Project, including any extra work and any required extensions thereto, unless terminated as provided for in this
Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the
construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of
the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices,or over competitive bidding or market conditions,Consultant's
opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's
experience and qualifications and represent Consultant's best judgment as a design professional familiar with the
construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall
not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents,employees,excluding the engineer or architect or that person's agent,employee
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Ayers Street Remediation(Project El 5106)
or subconsultant, over which the City exercises control ("Indemnitee")from and against any and
all claims,damages, liabilities or costs, including reasonable attorney fees and court costs,to the
extent that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier committed by
Consultant or its agent, Consultant under contract or another entity over which Consultant
exercises control while in the exercise of rights or performance of the duties under this
agreement.This indemnification does not apply to any liability resulting from the negligent acts or
omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee,the Consultant shall reimburse the City's reasonable attorney's
fees in proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If
Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently
cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to
perform under this agreement, the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject
any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the
11 performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless
Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in
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Ayers Street Remediation(Project E15106)
detail the services performed under this Agreement prior to the effective date of termination. City retains
the option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time&
Materials calculation or Consultant and City's estimate of the proportion of the total services actually
completed at the time of termination. There will be no compensation for anticipated profits on services not
completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of
public funds. The failure of Consultant to comply with the submittal of the statement and documents, as
required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX— RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit, examination or inspection may be performed by a City
designee,which may include its internal auditors, or an outside representative engaged by City. Consultant agrees
to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing
dispute under this Agreement, then such retention period shall extend until final resolution of the dispute.
9.2 Consultant's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include
billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting
notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily
diaries, reports,drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies,procedures,and
any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable
judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any
Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records, Consultant's facilities, and Consultant's current employees,deemed necessary by City or its designee(s),
to perform such audit, inspection, or examination. Consultant also agrees to provide adequate and appropriate
work-space necessary to City or its designees to conduct such audits, inspections, or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier, or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
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Ayers Street Remediation(Project E15106)
governments, such that subsequent compliance costs exceed expenditures that would have been involved
had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment,the Consultant generates excessive addenda,either in terms of the nature of the
revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI —CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost
due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in
writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII— CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within 21
calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall
be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the
truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
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12.1.4 Within 30 calendar days of receipt of notice and supporting documentation,City will meet to discuss
the request, after which an offer of settlement or a notification of no settlement offer will be sent to
Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar
days in which to(i)submit additional supporting data requested by the City, (ii)modify the initial request for
remedy or(iii) request Mediation.
12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed
diligently with performance of the Agreement,and City shall continue to make payments in accordance with
this Agreement.
12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising
out of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for similar
projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a
written notice of such dispute,then the Parties shall proceed with the mediation process contained herein.
12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement,the Party alleging such breach shall, as a condition precedent
to filing any lawsuit, request mediation of the dispute.
12.2.2.2 Request for mediation shall be in writing and shall request that the mediation commence
no less than 30 or more than 90 calendar days following the date of the request, except
upon agreement of both parties.
12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the
identity of the mediator or mediators within 30 calendar days of the request for mediation,
all conditions precedent in this Article shall be deemed to have occurred.
12.2.2.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for
loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature
arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys'fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
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Ayers Street Remediation(Project E15106)
12.5 In case of litigation between the parties, Consultant and City 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 Agreement, to proceed with a trial before the court, unless both parties subsequently agree
otherwise in writing.
12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement shall be construed to waive City's
governmental immunity from lawsuit,which immunity is expressly retained to the extent it is not
clearly and unambiguously waived by state law.
ARTICLE XIII — MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party,except for
routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services
under this Agreement. If the Consultant is a partnership or joint venture,then in the event of the termination of the
partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City
may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without
written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,including
the rate of compensation, has been approved in writing by the City.
13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the
Agreement shall be deemed to be enacted herein,and the Agreement shall be read and enforced as though each
were physically included herein.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing under the same or
similar circumstances and professional license; and performed as expeditiously as is prudent considering the
ordinary professional skill and care of a competent engineer or architect.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s)at meetings of any official nature concerning the Project, including scope meetings,review meetings,
pre-bid meetings and preconstruction meetings.
13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be
that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the
services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these
goals and objectives are to be met.
13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
13.7 No Third- Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by
entering into this Agreement.
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•
agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at
13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if
you need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-d isclosure/index.
13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability, or age.
13.12 Controlling Law. This Agreement 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. Cases must be filed and
tried in Nueces County and cannot be removed from Nueces County.
13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any
Article, sentence,clause or parts of this Agreement,in any one or more instance,shall not affect or prejudice in any
way the validity of this Agreement in any other instance.
13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other
document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles),
the Articles shall take precedence and control to resolve said conflict.
CITY OF CORPUS CHRISTI CONSULTANT:TERRACON CONSULTANTS, INC.
Michael Digitally signed by
Michael Rodriguez
Rodriguez Date 2020.07.21
y 102303 05'00' A _ 7/15/2020
Michael Rodriguez Lee Garrett, P.G.
Chief of Staff Principal
3606 WOW Rd
Corpus Christi, TX 78413-1919
361-420-6012 (Phone)
Lee.Garrett@terracon.com
APPROVED AS TO FORM:
(Welly signed by Kent Uclyar
0N.o„-Kent Mclyer,a.ou.
orn tkentmc®Mexes.norm
SUS
Data 2020.07.15 10 30 54-0500'
Assistant City Attorney
Page 11 Rev.20-2
Ayers Street Remediation(Project E15106)
EXHIBIT B
SAMPLE PAYMENT REQUEST FORM
Sample form for
COMPLETE PROJECT NAME Payment Request
Revised 07121100
Project No.XXXX
Invoice No.12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No.1 Amd No.2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2.000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6.000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
O&M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
Contract for Professional Services
EXHIBIT C
00 72 OOE GENERAL CONDITIONS—EMERGENCY PROJECTS
Table of Contents
Page
Article 1—Definitions and Terminology 9
1.01 Defined Terms 9
1.02 Terminology 14
Article 2—Preliminary Matters 15
2.01 Delivery of Bonds and Evidence of Insurance 15
2.02 Copies of Documents 15
2.03 Preconstruction Conference; Designation of Authorized Representatives 15
Article 3—Contract Documents: Intent, Requirements, Reuse 16
3.01 Intent 16
3.02 Reference Standards 17
3.03 Reporting and Resolving Discrepancies 17
3.04 Interpretation of the Contract Documents 18
3.05 Reuse of Documents 18
Article 4—Commencement and Progress of the Work 18
4.01 Commencement of Contract Times; Notice to Proceed 18
4.02 Starting the Work 18
4.03 Progress Schedule 19
4.04 Delays in Contractor's Progress 19
Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions 20
5.01 Availability of Lands 20
5.02 Use of Site and Other Areas 20
5.03 Subsurface and Physical Conditions 21
5.04 Differing Subsurface or Physical Conditions 21
5.05 Underground Facilities 23
5.06 Hazardous Environmental Conditions at Site 24
Article 6—Bonds and Insurance 26
6.01 Performance, Payment,and Other Bonds 26
6.02 Licensed Sureties 26
6.03 Required Minimum Insurance Coverage 26
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6.04 General Insurance Provisions 27
6.05 Contractor's Insurance 27
6.06 Owner's Insurance for Project 28
6.07 Texas Workers' Compensation Insurance Required Notice 28
Article 7—Contractor's Responsibilities 30
7.01 Supervision and Superintendence 30
7.02 Labor;Working Hours 30
7.03 Services,Materials,and Equipment 31
7.04 Concerning Subcontractors,Suppliers,and Others 31
7.05 Patent Fees and Royalties 33
7.06 Permits 33
7.07 Taxes 33
7.08 Laws and Regulations 34
7.09 Safety and Protection 34
7.10 Safety Representative 35
7.11 Hazard Communication Programs 35
7.12 Emergencies 35
7.13 Contractor's General Warranty and Guarantee 35
7.14 INDEMNIFICATION 36
7.15 Delegation of Professional Design Services 38
Article 8—Other Work at the Site 38
8.01 Other Work 38
8.02 Coordination 39
8.03 Legal Relationships 39
Article 9—Owner's and OPT's Responsibilities 40
9.01 Communications to Contractor 40
9.02 Replacement of Owner's Project Team Members 40
9.03 Furnish Data 40
9.04 Pay When Due 40
9.05 Lands and Easements; Reports and Tests 40
9.06 Insurance 41
9.07 Modifications 41
9.08 Inspections,Tests, and Approvals 41
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9.09 Limitations on OPT's Responsibilities 41
9.10 Undisclosed Hazardous Environmental Condition 41
9.11 Compliance with Safety Program 41
Article 10—OAR's and Designer's Status During Construction 41
10.01 Owner's Representative 41
10.02 Visits to Site 41
10.03 Resident Project Representatives 42
10.04 Rejecting Defective Work 42
10.05 Shop Drawings, Modifications and Payments 42
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work 42
10.07 Limitations on OAR's and Designer's Authority and Responsibilities 42
Article 11—Amending the Contract Documents;Changes in the Work 43
11.01 Amending and Supplementing the Contract Documents 43
11.02 Owner-Authorized Changes in the Work 44
11.03 Unauthorized Changes in the Work 44
11.04 Change of Contract Price 44
11.05 Change of Contract Times 45
11.06 Change Proposals 45
11.07 Execution of Change Orders 45
11.08 Notice to Surety 46
Article 12—Change Management 46
12.01 Requests for Change Proposal 46
12.02 Change Proposals 46
12.03 Designer Will Evaluate Request for Modification 47
12.04 Substitutions 48
Article 13—Claims 49
13.01 Claims 49
13.02 Claims Process 49
Article 14—Prevailing Wage Rate Requirements 51
14.01 Payment of Prevailing Wage Rates 51
14.02 Records 51
14.03 Liability; Penalty;Criminal Offense 51
Article 15—Cost of the Work;Allowances; Unit Price Work 52
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15.01 Cost of the Work 52
15.02 Allowances 55
15.03 Unit Price Work 55
15.04 Contingencies 56
Article 16—Tests and Inspections;Correction, Removal, or Acceptance of Defective Work 56
16.01 Access to Work 56
16.02 Tests, Inspections and Approvals 57
16.03 Defective Work 57
16.04 Acceptance of Defective Work 58
16.05 Uncovering Work 58
16.06 Owner May Stop the Work 58
16.07 Owner May Correct Defective Work 59
Article 17—Payments to Contractor;Set-Offs; Completion;Correction Period 59
17.01 Progress Payments 59
17.02 Application for Payment 61
17.03 Schedule of Values 63
17.04 Schedule of Anticipated Payments and Earned Value 64
17.05 Basis for Payments 64
17.06 Payment for Stored Materials and Equipment 65
17.07 Retainage and Set-Offs 66
17.08 Procedures for Submitting an Application for Payment 66
17.09 Responsibility of Owner's Authorized Representative 67
17.10 Contractor's Warranty of Title 68
17.11 Substantial Completion 68
17.12 Partial Utilization 68
17.13 Final Inspection 69
17.14 Final Application for Payment 69
17.15 Final Payment 69
17.16 Waiver of Claims 70
17.17 Correction Period 70
Article 18—Suspension of Work and Termination 70
18.01 Owner May Suspend Work 70
18.02 Owner May Terminate for Cause ..71
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18.03 Owner May Terminate For Convenience 72
Article 19—Project Management 72
19.01 Work Included 72
19.02 Quality Assurance 73
19.03 Document Submittal 73
19.04 Required Permits 73
19.05 Safety Requirements 73
19.06 Access to the Site 74
19.07 Contractor's Use of Site 74
19.08 Protection of Existing Structures and Utilities 74
19.09 Pre-Construction Exploratory Excavations 75
19.10 Disruption of Services/Continued Operations 76
19.11 Field Measurements 76
19.12 Reference Data and Control Points 76
19.13 Delivery and Storage 76
19.14 Cleaning During Construction 78
19.15 Maintenance of Roads, Driveways,and Access 78
19.16 Area Access and Traffic Control 79
19.17 Overhead Electrical Wires 79
19.18 Blasting 79
19.19 Archeological Requirements 79
19.20 Endangered Species Resources 80
19.21 Cooperation with Public Agencies 80
Article 20—Project Coordination 80
20.01 Work Included 80
20.02 Document Submittal 80
20.03 Communication During Project 80
20.04 Project Meetings 81
20.05 Requests for Information 82
20.06 Decision and Action Item Log 83
20.07 Notification By Contractor 83
20.08 Record Documents 84
Article 21—Quality Management 85
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21.01 Contractor's Responsibilities 85
21.02 Quality Management Activities by OPT 87
21.03 Contractor's Use of OPT's Test Reports 88
21.04 Documentation 88
21.05 Standards 89
21.06 Delivery and Storage 89
21.07 Verification Testing for Corrected Defects 89
21.08 Test Reports 89
21.09 Defective Work 90
21.10 Limitation of Authority of Testing Laboratory 90
21.11 Quality Control Plan 90
21.12 Implement Contractor's Quality Control Plan 91
Article 22—Final Resolution of Disputes 93
22.01 Senior Level Negotiations 93
22.02 Mediation 93
Article 23—Minority/MBE/DBE Participation Policy 94
23.01 Policy 94
23.02 Definitions 94
23.03 Goals 95
23.04 Compliance 95
Article 24—Document Management 96
24.01 Work Included 96
24.02 Quality Assurance 96
24.03 Contractor's Responsibilities 96
24.04 Document Submittal 96
24.05 Document Numbering 97
24.06 Document Requirements 98
Article 25—Shop Drawings 98
25.01 Work Included 98
25.02 Quality Assurance 99
25.03 Contractor's Responsibilities 99
25.04 Shop Drawing Requirements 100
25.05 Special Certifications and Reports 101
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25.06 Warranties and Guarantees 101
25.07 Shop Drawing Submittal Procedures 102
25.08 Sample and Mockup Submittal Procedures 103
25.09 Equal Non Specified Products 104
25.10 Requests for Deviation 105
25.11 Designer Responsibilities 105
25.12 Resubmission Requirements 107
Article 26—Record Data 108
26.01 Work Included 108
26.02 Quality Assurance 109
26.03 Contractor's Responsibilities 109
26.04 Record Data Requirements 110
26.05 Special Certifications and Reports 110
26.06 Warranties and Guarantees 110
26.07 Record Data Submittal Procedures 110
26.08 Designer's Responsibilities 112
Article 27—Construction Progress Schedule 112
27.01 Requirements 112
27.02 Document Submittal 113
27.03 Schedule Requirements 113
27.04 Schedule Revisions 114
27.05 Float Time 115
Article 28—Video and Photographic documentation 115
28.01 Work Included 115
28.02 Quality Assurance 116
28.03 Document Submittal 116
28.04 Photographs 116
28.05 Video Recording 116
Article 29—Execution and Closeout 117
29.01 Substantial Completion 117
29.02 Final Inspections 117
29.03 Reinspection Fees 118
29.04 Closeout Documents Submittal 118
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I
29.05 Transfer of Utilities 118
29.06 Warranties, Bonds and Service Agreements 118
Article 30—Miscellaneous 119
30.01 Computation of Times 119
30.02 Owner's Right to Audit Contractor's Records 119
30.03 Independent Contractor 120
30.04 Cumulative Remedies 120
30.05 Limitation of Damages 121
30.06 No Waiver 121
30.07 Severability 121
30.08 Survival of Obligations 121
30.09 No Third Party Beneficiaries 121
30.10 Assignment of Contract 121
30.11 No Waiver of Sovereign Immunity 121
30.12 Controlling Law 121
30.13 Conditions Precedent to Right to Sue 121
30.14 Waiver of Trial by Jury 122
30.15 Attorney Fees 122
30.16 Compliance with Laws 122
30.17 Enforcement 122
30.18 Subject to Appropriation 122
30.19 Contract Sum 122
30.20 Contractor's Guarantee as Additional Remedy 123
30.21 Notices. 123
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ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Terms with initial capital letters, including the term's singular and plural forms, have the
meanings 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 Documents.
7. Bidding Documents —The solicitation documents, the proposed Contract Documents
and Addenda.
8. Bidder—An individual or entity that submits a Bid to Owner.
9. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety
instruments executed by Surety. When in singular form,refers to individual instrument.
10. Change Order-A document issued on or after the Effective Date of the Contract,which
modifies the Work, Contract Price, Contract Times, or terms and conditions of the
Contract.
11. 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.
12. City Engineer - The Corpus Christi City Engineer and/or designee as identified at the
preconstruction conference or in the Notice to Proceed.
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13. 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. Claims must be initiated by
written notice, signed and sworn to be an authorized corporate officer, verifying the
truth and accuracy of the Claim.
14. 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. §§5101 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.
15. Contract-The entire integrated set of documents concerning the Work and describing
the relationship between the Owner and Contractor.
16. 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.
17. Contract Documents - Those items designated as Contract Documents in the
Agreement.
18. 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.
19. 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.
20. Contractor-The individual or entity with which Owner has contracted for performance
of the Work.
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21. 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.
22. Cost of the Work- The sum of costs incurred for the proper performance of the Work
as allowed by Article 15.
23. 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
24. 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, Registered
Architects or Registered Landscape Architects qualified to practice their profession in
the State of Texas.
25. 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.
26. Effective Date of the Contract-The date indicated in the Agreement on which the City
Manager or designee has signed the Contract.
27. 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.
28. 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.
29. Indemnified Costs-All costs,losses,damages,and legal or other dispute resolution costs
resulting from claims or demands against Owner. These costs include fees for engineers,
architects,attorneys, and other professionals.
30. 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.
31. Liens - Charges, security interests, or encumbrances upon Contract related funds, real
property,or personal property.
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32. 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.
33. 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.
34. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected
Bidder.
35. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is
to begin.
36. 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 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.
37. 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.
38. 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.
39. 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.
40. 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. The Progress Schedule must be a Critical Path
Method (CPM)Schedule.
41. Project - The total undertaking to be accomplished for Owner under the Contract
Documents.
42. 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.
43. 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.
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44. Schedule of Documents-A schedule of required documents, prepared and maintained
by Contractor.
45. 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.
46. 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.
47. 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.
48. 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.
49. 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.
50. 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.
51. 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.
52. Technical Data - Those items expressly identified as Technical Data with respect to
either:
a. Subsurface conditions at the Site;
b. Physical conditions relating to existing surface or subsurface structures at the Site,
except Underground Facilities;or
c. Hazardous Environmental Conditions at the Site.
53. 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.
54. Unit Price Work-Work to be paid for on the basis of unit prices.
55. Work - The construction of the Project or its component parts as required by the
Contract Documents.
56. 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
General Conditions 00 72 OOE-13
Corpus Christi Standards—Emergency Projects Rev 2/2020
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.
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.
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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.
2.02 Copies of Documents
A. OPT is to furnish one fully executed Agreement (either electronic or printed) 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 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.
4
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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. 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.
2. 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.
3. 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.
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.
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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 Contract is
executed 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. The exactness of existing grades, elevations, dimensions or locations given on any
Drawings issued by Designer, or the work installed by other contractors, is not
guaranteed by Owner. Contractor shall,therefore,satisfy itself as to the accuracy of all
grades, elevations, dimensions and locations. Any errors due to Contractor's failure to
verify at the site all such grades, elevations, dimensions or locations relating to such
existing or other work shall be rectified by Contractor without any additional cost to
Owner.
3. 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;
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b. Actual field conditions;
c. Standard specifications, manuals, reference standards, or codes;or
d. Instructions of Suppliers.
4. 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, except in an emergency as
required by Paragraph 7.12.
5. 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.
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.
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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.
4.04 Delays in Contractor's Progress
A. No Damages for Delay: Contractor shall receive no compensation for delays or hindrances
to the Work,except in the case of direct interference with means and methods by the Owner.
In no event shall the Contractor be entitled to any compensation or recovery of any special
damages in connection with any delays, including without limitation: consequential
damages, lost opportunity costs, impact damages, or other similar damages. Owner's
exercise of any of its rights or remedies under the Contract Documents (including without
limitation ordering changes in the Work,or directing suspension, rescheduling,or correction
of the Work), regardless of the extent or frequency of Owner's exercise of such rights or
remedies, shall not be construed as active interference in the Contractor's performance of
the Work. An extension of Contract Time,to the extent permitted, shall be the sole remedy
of the Contractor for any acknowledged delays.Contractor 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, 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 adjustments in Contract
Times are the Contractor's sole and exclusive remedy for the delays, disruption, and
interference described in this paragraph.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 performing other work at or adjacent to the Site;
3. Acts of war or terrorism; and
4. Rain days in excess of the number specified in a calendar year.
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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
3. Hazardous Environmental Conditions.
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. Claims for
adjustment to the Contract Price or Contract Times that do not comply with Article 13 are
waived.
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
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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
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. 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.
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.
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 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;
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3. Differs materially from that shown or indicated in the Contract Documents; or
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
to 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 15.03.
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.
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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.
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. Investigating and field-verifying the location of underground facilities before beginning
Work;
2. Reviewing and checking available information and data regarding existing Underground
Facilities at the Site;
3. Complying with Laws and Regulations related to locating Underground Facilities before
beginning Work;
4. Locating Underground Facilities shown or indicated in the Contract Documents;
5. Coordinating the Work with the owners, including Owner, of Underground Facilities
during construction;and
6. 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, but in no event later
than 3 days, 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.
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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 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 15.03.
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. No reports of explorations or tests of hazardous environmental conditions at or contiguous
to the Site are known to Owner.
B. Contractor may rely upon the accuracy of the Technical Data contained in reports and
drawings relating to Hazardous Environmental 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.
D. Contractor is not responsible for removing or remediating Hazardous Environmental
Conditions encountered, uncovered or revealed at the Site unless this removal or
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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 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.
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ARTICLE 6—BONDS AND INSURANCE
6.01 Performance, Payment,and Other Bonds
B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code
3. Ceases to meet the requirements of Paragraph 6.02.
- • . . ' -•• -• ! .
- - --
• -
Payment Bond.
6.02 Licensed Sureties
. . - - - -• . - . .
.. •- -
•
. - .. . .- _
6.03 Required Minimum Insurance Coverage
A. Obtain and maintain insurance as required in Contract Documents.
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B. Deliver evidence of insurance with the signed Agreement to demonstrate that Contractor
has obtained and is maintaining the policies, coverages, and endorsements required by the
Contract.
6.04 General Insurance Provisions
A. Provide insurance coverages and limits meeting the requirements for insurance in
accordance with the Contract Documents.
B. 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.
C. Owner may exclude the Contractor from the Site and exercise Owner's termination rights
under Article 18 if Contractor fails to obtain or maintain the required insurance.
D. Owner does not represent that the insurance coverage and limits established in this Contract
are adequate to protect Contractor or Contractor's interests.
E. The required insurance and insurance limits do not limit the Contractor's liability under the
indemnities granted to Owner in the Contract Documents.
6.05 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.
2. Claims for damages because of bodily injury,occupational sickness or disease,or death
of Contractor's employees.
3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act
coverage(if applicable).
4. Foreign voluntary worker compensation (if applicable).
B. Purchase and maintain commercial general liability insurance covering all operations by or
on behalf of Contractor. The expected coverage is that which would be included in a
commercially available ISO Commercial General Liability policy and should provide coverage
on an occurrence basis, against:
1. Claims for damages because of bodily injury,sickness or disease,or death of any person
other than Contractor's employees;
2. Claims for damages insured by reasonably available personal injury liability coverage
which are sustained;
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3. By any person as a result of an offense directly or indirectly related to the employment
of such person by Contractor; and
4. Claims for damages,other than to the Work itself,because of injury to or destruction of
tangible property wherever located, including any resulting loss of use.
C. 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.
D. 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 policies of insurance required by this Article must remain in effect at all times when
Contractor is performing Work or is at the Site to conduct tasks arising from the Contract
Documents.
6.06 Owner's Insurance for 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.
6.07 Texas Workers' Compensation Insurance Required Notice
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
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activities unrelated to the Project, such as food/beverage vendors, office supply
deliveries,and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor
providing services on the Project,for the duration of the Project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the Contract.
D. If the coverage period shown on the Contractor's current certificate of coverage ends during
the duration of the Project,the Contractor must, prior to the end of the coverage period,file
a new certificate of coverage with the governmental entity showing that coverage has been
extended.
E. The Contractor shall obtain from each person providing services on a project, and provide to
the governmental entity:
1. A certificate of coverage, prior to that person beginning Work on the Project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the Project;and
2. No later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the Project.
F. The Contractor shall retain all required certificates of coverage for the duration of the Project
and for one year thereafter.
G. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery,within 10 days after the Contractor knew or should have known,of any change that
materially affects the provision of coverage of any person providing services on the Project.
H. The Contractor shall post on each Project Site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the Project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The Contractor shall contractually require each person with whom it contracts to provide
services on a project,to:
1. Provide coverage,based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements,which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
Project,for the duration of the Project;
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:
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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
this section, with the certificates of coverage to be provided to the person for whom
they are providing services.
J. By signing this Contract or providing or causing to be provided a certificate of coverage,the
Contractor is representing to the governmental entity that all employees of the Contractor
who will provide services on the Project will be covered by workers'compensation coverage
for the duration of the Project, that the coverage will be based on proper reporting of
classification codes and payroll amounts,and that all coverage agreements will be filed with
the appropriate insurance carrier or, in the case of a self-insured, with the commission's
Division of Self-Insurance Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
K. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the Contract void if the
Contractor does not remedy the breach within ten days after receipt of notice of breach from
the governmental entity.
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.
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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. Regular working hours are
between sunrise and sundown Monday through Saturday unless other times are specifically
authorized in writing by OAR.
C. Do not perform Work on a 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
Martin Luther King Jr Day Third Monday in January
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
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 17.01.6
7.03 Services, Materials, and Equipment
A. Provide services, materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and other facilities and incidentals necessary for the performance,
testing, start-up, and completion of the Work, whether or not these items are specifically
called for in the Contract Documents.
B. Provide new materials and equipment to be incorporated into the Work. Provide special
warranties and guarantees required by the Contract Documents. 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.
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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. Under no circumstances shall any Subcontractor debarred under
Chapter 41 of The Code of Ordinances, City of Corpus Christi, be deemed acceptable to
Owner.
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 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.
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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.
B. Contractor's obligation to indemnify Owner 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. This Project is not exempt from City permits and fees unless expressly
stated otherwise.
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.
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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.
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
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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 7.09.6 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. A copy of the
Owner's safety program will be provided.
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
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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 to pay 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
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
but only to the extent reasonable negligent
A. To the fullest extent permitted by law, Contra tor shall Inde nify,
ncl-, and hold harmless the Owner from and agai st c .ims,
damages, losses and expenses, including but not imited to atto ney's
fees or dispute resolution costs, arising out if or resulting from
performance of the Work and/or failure to compl with the ter and
conditions of the contract, violations of Laws or R gulations, or •odily
injury, death or destruction of tangible propert aused by the acts,
omissions or--negligence of the Contractor's Team,—regardless—of-
whether-such-claim,
eam, regardless of
wh�.hether-such-daim,' -r1'age, !oss .o-r a nse-i-s-a-Ilege o--1 - u-e r
- - - •- I • •- - • • • e--OdASne-e -defnn5es-and-
L.Y_"..
•- _ ••• _ • ' - - e - - .••• • - . However, nothing
herein shall be construed to require Contractor to indemnify an Owner
against a claim, loss, damage or expense caused by the sole negligence
of an Owner.
B. To the fullest extent permitted by law, Contractor shall indemnify,
defend, and hold harmless the Owner from and against Indemnified
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negligently
Costs, arising out of or relating to: (i) the failur: to control, contain, or
remove a Constituent of Concern brought to e Site by Contractor's
Team or a Hazardous Environmental Condition reated 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 from the consequences of the Owner's sole negligence.
c. To the fullest extent permitted by law, Contractor shall indemnify,
defend, and hold harmless the Owner from and against Indemnified
Costs resulting from infringement on patent rights or copyrights by
Contractor's Team.
D. The indemnification obligations of this Paragraph 7.14 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 by an employee or the survivor or
personal representative of employee of Contractor's Team. The indemnification obligations
of this Paragraph 7.14 shall not be deemed to be released,waived or modified in any respect
by reason of any surety or insurance provided by Contractor.
E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of
Designer arising out of the preparation of the Contract Documents or giving directions or
instructions, or failing to give them, to the extent they are obligated to do so if that is the
primary cause of the injury or damage.
F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or
circumstances that could give rise to an indemnified loss. The notice must include the
following:
1. A description of the indemnification event in reasonable detail;
2. The basis on which indemnification may be due;and
3. The anticipated amount of the indemnified loss.
This notice does not stop or prevent Owner from later asserting a different basis for
indemnification or a different amount of indemnified loss than that indicated in the initial
notice. Owner does 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.
costs, unless Owner decides otherwise. Contractor's counsel must be acceptable to
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- •--• • e • _ .. _.• . - • . - -- - . _ ;
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
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
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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
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 or other contractor
retained by the City:
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
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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 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 if damages, delays, disruptions, or interference
occur.
E. Contractor's obligation to indemnify Owner for claims arising out of or related to damages,
delays,disruptions,and interference with other work at the Site are as set forth in Paragraph
7.14.
ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES
9.01 Communications to Contractor
A. OPT issues communications to Contractor through OAR except as otherwise provided in the
Contract Documents.
9.02 Replacement of Owner's Project Team Members
A. Owner may replace members of the OPT at its discretion.
9.03 Furnish Data
A. OPT is to furnish the data required of OPT under the Contract Documents.
9.04 Pay When Due
A. Owner is to make payments to Contractor when due as described in Article 17.
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.
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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 16.02.
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.
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.
9.12 Plans and Specifications
A. Owner does not warrant the plans and specifications.
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
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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 16. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 16.
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 Article 11.
D. OAR's authority related to Applications for Payment is described in Articles 15 and 17.
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 16.04 if Work does not conform
to the Contract Documents. OAR will coordinate the response of the OPT to Contractor.
C. 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.
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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 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 will be incorporated in a
subsequently issued Change Order following negotiations on the Contract Price and
Contract Times. If negotiations under the terms of the Contract Documents governing
adjustments, expressly including Paragraphs 11.04 and 11.05 are unsuccessful,
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.
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.
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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 16.05.
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.
11.04 Change of Contract Price
A. The Contract Price for authorized Work 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 13.
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 15.03, 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
15.01 plus a Contractor's fee for overhead and profit determined as provided in
Paragraph 15.05 when the Work involved is not covered by unit prices in the Contract
Documents and 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, whichever is greater.
Owner may decrease the Work by up to 25 percent of the Contract Price.
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11.05 Change of Contract Times
A. The Contract Times for authorized Work 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 13.
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 in accordance with Article 12 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 within 3 days 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.
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,
b. Required because Defective Work was accepted under Paragraph 16.04 or Owner's
correction of Defective Work under Paragraph 16.07, 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 13.
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
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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 Change Order, nor a warranty that the Change Order 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. If the Contractor refuses to execute a Change Order that is required to be executed under
the terms of this Paragraph 11.07, the Change Order is deemed to be in full force as if
executed by Contractor. Contractor may file a Claim for payment and/or time, pursuant to
Article 13.
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—CHANGE MANAGEMENT
12.01 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 12.02 to the Designer for
evaluation by the OPT.
12.02 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. A Change Proposal
must be submitted to the OAR no later than 30 days after the event initiating the 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.
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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 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;and
9) Other items of cost.
d. Provide the level of detail outlined 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
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 15 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 OAR 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 Article 25.
12.03 Designer Will Evaluate Request for Modification
A. 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 13.
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.
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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.
12.04 Substitutions
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 these procedures
for a substitution.
B. 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 12.02 along
with a Shop Drawing as required by Article 25 to request approval of a substitution.
C. 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.
D. 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.
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.
E. Pay for review of substitutions in accordance with Article 25.
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ARTICLE 13—CLAIMS
13.01 Claims
A. Follow the Claims process described in this Article for the following disputes between Owner
and Contractor:
1. Seeking an adjustment of Contract Price or Contract Times;
2. Contesting an initial decision by OAR concerning the requirements of the Contract
Documents or the acceptability of Work under the Contract Documents;
3. Appealing OAR's decision regarding a Change Proposal;
4. Seeking resolution of a contractual issue that OAR has declined to address;or
5. Seeking other relief with respect to the terms of the Contract.
B. Contractor shall be entitled to an extension of Contract Time for delays or disruptions due to
unusually severe weather in excess of weather normally experienced at the job site, as
determined from climatological data set forth by the National Weather Service and which
affects the Project's critical path. Contractor shall bear the entire economic risk of all
weather delays and disruptions. Contractor shall not be entitled to any increase in the
Contract Price by reason of such delays or disruptions. Upon Contractor reaching Substantial
Completion,Owner and Contractor shall look back at the entire duration of the calendar day
Project and review the totality of what Contractor claims were unusually severe weather
disruptions. If the Project was delayed or disrupted due to unusually severe weather in
excess of weather normally experienced over the entire duration of the Project, Contractor
may make a Claim for an extension of the Contract Time for delays or disruptions due to
unusually severe weather in excess of weather normally experienced at the job site, as
determined from climatological data set forth by the National Weather Service and which
affects the Project's critical path. Any time extension granted shall be non-compensatory.
13.02 Claims Process
A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice
of a Claim in the subject line or first sentence.Notice must also list the date of first occurrence
of the claimed event.
B. Except for Claims resulting from unusually severe weather, notice of a Claim by Contractor
must be in writing and delivered to the Owner, Designer and the OAR within 14 days after
the start of the event giving rise to the Claim. Failure by Contractor to submit written notice
of a Claim within 14 days shall constitute a waiver of such Claim.
C. Submit the complete Claim with supporting documentation to Owner no later than 60 days
after the start of the event giving rise to the Claim(unless Designer allows additional time for
claimant to submit additional or more accurate data in support of such Claim). The Claim
must be signed and sworn to by Contractor, certifying 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 relief requested accurately reflects the full compensation to which
Contractor is entitled. Failure by Contractor to submit the Claim within 60 days shall
constitute a waiver of such Claim.
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D. Any Claims by Contractor that are not brought within 90 days following the termination of
the Contract are waived and shall be automatically deemed denied.
E. Claims by Owner must be submitted by written notice to Contractor.
F. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must
contain sufficient detail to allow the other party to fully review the Claim.
1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost
report. Provide additional documentation as requested by OAR or Designer.
2. Claims seeking an adjustment of Contract Time must include a Time Impact Analysis and
native schedule files in Primavera or MS Project digital format. Provide additional
documentation as requested by OAR or Designer.
G. Claims by Contractor against Owner and Claims by Owner against Contractor,including those
alleging an error or omission by Designer but excluding those arising under Section 7.12,shall
be referred initially to Designer for consideration and recommendation.
H. Designer will review a Claim by Contractor within 30 days of receipt of the Claim and take
one or more of the following actions:
1. Request additional supporting data from the party who made the Claim;
2. Issue a recommendation;
3. Suggest a compromise;or
4. Advise the parties that Designer is not able to make a recommendation due to
insufficient information or a conflict of interest.
I. If the Designer does not take any action, the Claim shall be deemed denied 30 days after
receipt of the Claim.
J. Following receipt of Designer's initial recommendation regarding a Claim,the Contractor and
the Owner shall seek to resolve the Claim through the exchange of information and direct
negotiations. If no agreement is reached within 90 days,the Claim shall be deemed denied.
The Owner and Contractor may extend the time for resolving the Claim by mutual
agreement. Notify OAR of any actions taken on a Claim.
K. If the entity receiving a Claim approves the Claim in whole or in part or denies it in whole or
in part, this action is final and binding unless the other entity invokes the procedure
described in Article 22 for final resolution of disputes by filing a notice of appeal within 30
days after this action.
L. If the Owner and Contractor reach a mutual agreement regarding a Claim,the results of the
agreement or action on the Claim will be incorporated in a Change Order by the OAR to the
extent they affect the Contract Documents,the Contract Price,or the Contract Times.
M. Both parties shall continue to perform all obligations under the Agreement during the
pendency of any dispute or disagreement relating to this Agreement, unless performance
would be impracticable or impossible under the circumstances.
N. Any failure of Contractor to comply with any of the foregoing conditions precedent with
regard to any such Claim shall constitute a waiver of any entitlement to submit or pursue
such Claim.
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0. Receipt and review of a Claim by City shall not be construed as a waiver of any defenses to
the Claim available to the City under the Contract Documents or at law.
ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS
14.01 Payment of Prevailing Wage Rates
A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates
established by the Owner as required by Texas Government Code Chapter 2258.
B. Contractor and its Subcontractors are required to pay Davis-Bacon Wage Rates.
C. Contractor and its Subcontractors are required to pay laborers and mechanics an overtime
rate of not less than one and one-half times the basic rate for all hours worked in excess of
forty hours in a given workweek.
14.02 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.
14.03 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 §2258.023(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 on 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.
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ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK
15.01 Cost of the Work
A. The Cost of the Work is the sum of costs described in this Paragraph 15.01, except those
excluded in Paragraph 15.01.D, necessary for the proper performance of the Work. The
provisions of this Paragraph 15.01 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 15.01.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 Sunday or legal holidays,to the extent authorized by Owner.
2. Cost of materials and equipment furnished and incorporated in the Work, including
transportation and storage costs and required Suppliers'field services. Contractor may
retain cash discounts unless Owner provided funds to the Contractor for early payment
of these materials and equipment. Cash discounts are to be credited to Owner if the
Owner provides funds for early payment. Make provisions for trade discounts,rebates,
refunds,and returns from sale of surplus materials and equipment and reduce the Cost
of the Work by these amounts.
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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 15.01 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
schedule of job classifications referred to in Paragraph 15.01.C.1 or specifically covered
by Paragraph 15.01.C.4. These administrative costs are covered by the Contractor's fee.
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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.
7. Other overhead or general expense costs and the costs of items not described in
Paragraphs 15.01.C.
E. The Contractor's fee for profit and overhead is determined as follows:
1. In accordance with the Agreement when the Work is performed on a cost-plus basis;
2. A mutually acceptable fixed fee;or
3. 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 15.01.C.1,
15.01.C.2 and 15.01.C.4;
b. The Contractor's fee is 5 percent for costs incurred under Paragraph 15.01.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
15.01.C.1 and 15.01.C.2 for the Subcontractor that actually performs the Work
at whatever tier;
2) The Subcontractor's fee is 5 percent for costs incurred under Paragraph
15.01.C.4 for the Subcontractor that actually performs the Work at whatever
tier;and
3) 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 Paragraph 15.01.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
4. The adjustment in Contractor's fee is based on the net change in accordance with
Paragraphs 15.05.6.1 through 15.05.6.5, inclusive when both additions and credits are
involved in any one change.
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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 15.01.
G. Use the Rental Rate Blue Book to calculate cost of construction equipment.
15.02 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 15.02.B.1
and 15.02.B.2 above are included in the Contract Price.
C. OAR will issue a Change Order to adjust the Contract Price by the difference between the
allowance amount and the actual amount paid by Contractor for Work covered by the
allowance. The Change Order will be issued at the time costs are incurred by Contractor for
Work covered by the allowance and this Work is included on the Application for Payment.
15.03 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 Contract.
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 15.03.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 15.03.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
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Price Work performed by the Contractor differs by more than 20 percent from the
estimated quantity of an item indicated in the Contract;
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
Owner believes that the quantity variation entitles Owner to an adjustment in the
Contract Price.
15.04 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 Contract.
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 15.01. 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 Contract.
2. Rework required to correct Defective Work.
3. Inefficiencies in completing the Work due to the Contractor's selected means,methods,
sequences,or procedures of construction.
4. Work Contractor failed to include in the Contract Price.
5. Changes required by changes in Laws and Regulations enacted after the Contract Price
is established.
6. Any Work that does not constitute a change in Scope in the Work included in the
Contract Price.
C. OAR is to issue a Change Order for approved expenditures from contingency funds. When
the Change Order is issued, the costs are to be added to the Application for Payment.
Contractor is to maintain a tabulation showing the contingency amount,adjustments to the
contingency amount, and amounts remaining as the Project progresses.
D. Any contingency amounts that are not included in a Change Order are retained by the Owner.
A Change Order will be issued to deduct unused contingency amounts from the Contract
Price prior to Final Payment.
ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK
16.01 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.
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16.02 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;
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.
16.03 Defective Work
A. It is Contractor's obligation to ensure 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.
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16.04 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 17 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 17 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.
16.05 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 resulting from the Defective Work if it is found that the
uncovered Work is Defective.
16.06 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.
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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.
16.07 Owner May Correct Defective Work
A. Owner may remedy deficiencies in the Work after 7 days' notice to Contractor if:
1. Contractor fails to correct Defective Work, or to remove and replace rejected Work as
required by OPT;
2. Contractor fails to perform the Work in accordance with the Contract Documents;or
3. Contractor fails to comply with other provisions of the Contract Documents.
B. Owner may:
1. Exclude Contractor from the Site;
2. Take possession of the Work and suspend Contractor's services related to the Work;
and
3. Incorporate stored materials and equipment in the Work.
C. Allow OPT access to the Site and off Site storage areas to enable Owner to exercise the rights
and remedies under this Paragraph 16.07.
D. All claims,costs, losses,and damages incurred or sustained by Owner in exercising the rights
and remedies under this Paragraph 16.07 are to be charged against Contractor as a set-off
against payments due under Article 17. 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 16.07.
ARTICLE 17—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD
17.01 Progress Payments
A. Progress payment requests are to be submitted to the OAR on the Application for Payment
form provided by the OAR following procedures in this Article 17.
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 17.03. 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 15.03.
3. Progress payments for Work to be paid on the basis of the Cost of the Work per
Paragraphs 15.01, 15.02 and 15.04 are to be paid for Work completed by Contractor
during the pay period.
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B. Reduction in Payment by Owner:
1. Owner is entitled to impose a set-off against payment based on the following:
a. Claims made against Owner or costs, losses,or damages incurred by Owner related
to:
1) Contractor's conduct in the performance of the Work, including, but not
limited to, workplace injuries, non-compliance with Laws and Regulations, or
patent infringement;or
2) Contractor's failure to take reasonable and customary measures to avoid
damage,delay,disruption,and interference with other work at or adjacent to
the Site, including but not limited to, workplace injuries, property damage,
and non-compliance with Laws and Regulations.
b. Owner has been required to remove or remediate a Hazardous Environmental
Condition for which Contractor is responsible;
c. Work is Defective, or completed Work has been damaged by Contractor's Team,
requiring correction or replacement;
d. Owner has been required to correct Defective Work or complete Work in
accordance with Paragraph 16.07;
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;
g. 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;
i. Failure to submit up-to-date record documents as required by the Contract
Documents;
j. Failure to submit monthly Progress Schedule updates or revised schedules as
requested by the OAR;
k. Failure to provide Project photographs required by the Contract Documents;
I. Failure to provide Certified Payroll required by the Contract Documents;
m. 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;
n. Costs for tests performed by the Owner to verify that Work previously tested and
found to be Defective has been corrected;
o. 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;
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p. Other items entitling Owner to a set-off against the amount recommended;or
q. Payment would result in an over-payment of the Contract Price.
2. Compensation for services of OPT staff is to be at the rates established by negotiations
between OPT and Contractor.
3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off.
The Owner is to pay the Contractor amounts remaining after deduction of the set-off.
Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor
remedies the reasons for the set-off. Contractor may submit a Change Proposal
contesting the set-off.
C. Delayed Payments:
1. No money shall be paid by Owner upon any claim, debt, demand, or account
whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes;
and Owner shall be entitled to counterclaim and automatically offset against any such
debt,claim,demand,or account in the amount of taxes so in arrears and no assignment
or transfer of such debt,claim,demand,or account after said taxes are due,shall affect
the right of Owner to offset said taxes, and associated penalties and interest if
applicable, against the same.
2. No payment will be made for Work authorized by a Work Change Directive until the
Work Change Directive is incorporated into a Change Order. Payment can be included
in an Application for payment when the Change Order is approved.
D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after
receipt of the Application for Payment and accompanying documentation from the OAR.
17.02 Application for Payment
A. Submit Applications for Payment for completed Work and for materials and equipment. 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;
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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;
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
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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. 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. Record Documents per Article 20.
2. Progress Schedule per Article 27.
3. Project photographs per Article 28.
4. Documentation required to comply with Owner's Minority / MBE / DBE Participation
Policy.
5. Documentation required to substantiate any approved Project deviation, including
overruns of Designer's estimated quantity.
6. Documentation required by funding agency, if applicable.
17.03 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 attached to the Application for Payment -
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. If unit prices are included in the Contract, use each unit price line item in the Contract 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.
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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 costs associated with the
item in the Contract. 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.
17.04 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.
17.05 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 17.03 will be made for the measured number of units.
4. Payment for stored materials and equipment will be made per Paragraph 17.06.
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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 Contract.
b. Payment for stored materials and equipment will be made per Paragraph 17.06.
2. Measure the Work described in the Contract 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.
17.06 Payment for Stored Materials and Equipment
A. Store materials and equipment properly at the Site.
1. Payment will be made for the invoice amount less the specified retainage.
2. Payment for materials and equipment shown in the Application for Payment and
attachments will be made for the invoice amount,up to the value shown 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 the Application for Payment and
attachments. Include invoice numbers so that a comparison can be made between
invoices and amounts included on the Application for Payment and attachments.
B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received
the materials and equipment free and clear of Liens. Provide documentation of payment for
materials and equipment with the next Application for Payment. Adjust payment to the
amount actually paid if this differs from the invoice amount. Remove items from the
tabulation of materials and equipment if this documentation is not provided. Payment will
not be made for material and equipment without documentation of payment.
C. Contractors can be paid for non-perishable materials on hand stored at the site, provided
that invoices are furnished to the City for verification of the material value, and that
Contractor provides documents,satisfactory to the City,that show that the material supplier
has been paid for the materials delivered to the work site.
D. Provide evidence that the materials and equipment are covered by appropriate property
insurance or other arrangements to protect Owner's interest.
E. The Work covered by progress payments becomes the property of the Owner at the time of
payment. The Contractor's obligations with regard to proper care and maintenance,
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insurance, and other requirements are not changed by this transfer of ownership until
accepted in accordance with the General Conditions.
F. Payment for materials and equipment does not constitute acceptance of the product.
17.07 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 the appropriate
attachment to the Application for Payment.
17.08 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 Contract 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 items 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 Cto 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.
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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.
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.
17.09 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.
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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;
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.
17.10 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.
17.11 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 within 30 days after Contractor's notification to determine if the
Work is substantially complete. OAR, within 120 days after receipt of Contractor's
notification, 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.
17.12 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
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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 17.11 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.
17.13 Final Inspection
A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion
to be accepted 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.
17.14 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.
17.15 Final Payment
A. Make final Application for 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.
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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.
17.16 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;
3. Contractor's failure to comply with the Contract Documents or the terms of specified
special guarantees;or
4. Contractor's continuing obligations under the Contract Documents.
B. Contractor waives claims and rights against Owner by accepting final payment with the
exception of those Claims made in accordance with the provisions of Article 22 and
specifically noted in the Certificate of Final Completion.
17.17 Correction Period
A. Promptly correct Defective Work without cost to Owner for 1 year after the date of
Substantial Completion or, in the event of a latent defect, within 1 year after discovery
thereof by City.
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 17.17.A and
17.17.6 corrected if Contractor does not comply with the terms of OAR's instructions, or in
an emergency where delay would cause serious risk of loss or damage.
D. Contractor's obligation to indemnify Owner 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
system is 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. Contractor's obligations under this Paragraph 17.17 are in addition to other obligations or
warranties. The provisions of this Paragraph 17.17 are not a substitute for, or a waiver of,
the provisions of applicable statutes of limitation or repose.
ARTICLE 18—SUSPENSION OF WORK AND TERMINATION
18.01 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
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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.
18.02 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;
6. Contractor's repeated disregard of the authority of OPT;
7. Contractor's failure to prosecute the work with diligence;or
8. Contractor's other material breach of the contract.
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 18.02.A.4. Owner may terminate Contractor's performance under 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
Contractor's performance under 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 18.02.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 Contractor's performance under the Contract for cause.
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E. Owner may elect not to proceed with termination of Contractor's performance under the
Contract under this Paragraph 18.02 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 18.02. 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.
The cost to complete the Work may include related claims, costs, losses, damages, and the
fees and charges of engineers, architects, attorneys, and other professionals retained by
Owner. Pay the difference to Owner if the cost to complete the Work including related
claims,costs, losses, and damages exceeds the unpaid balance of the Contract Price. Owner
is not required to obtain the lowest price for the Work performed when exercising its rights
or remedies under this paragraph.
G. Termination of Contractor's performance 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.
H. In the event the Owner terminates the contract for cause, and it is later determined that
cause for termination was lacking, the termination will be deemed a termination without
cause under Paragraph 18.03.
18.03 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 15.05;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.
ARTICLE 19— PROJECT MANAGEMENT
19.01 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.
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E. Provide temporary controls for pollutions,management of water and management of excess
earth.
19.02 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.
19.03 Document Submittal
A. Provide documents in accordance with Article 24.
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 Data.
19.04 Required 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.
19.05 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 Article 26.
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19.06 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. 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 Article 26.
19.07 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.
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.
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.
19.08 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.
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B. Determine if existing structures, poles, piping, or other utilities at excavations will require
relocation or replacement. Prepare a Plan of Action and coordinate Work with local utility
companies 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.
19.09 Pre-Construction Exploratory Excavations
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.
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 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 OAR.
E. Unless specifically indicated otherwise in the Bid Form, no separate payment will be made
for pre-construction exploratory excavations. Include the cost for pre-construction
exploratory excavations in the unit price for the pipe construction or other applicable
feature. When necessary, pavement repairs associated with exploratory excavations that
are beyond the limits of the new pavement will be paid for at the unit prices for pavement
repair when an item is included in the Bid Form. When an item for pavement repair is not
included in the Bid Form, the cost should be included in the unit price for the pipe
construction or other applicable feature.
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19.10 Disruption of Services/Continued Operations
A. Existing facilities are to continue in service as usual during the construction unless noted
otherwise. Owner of 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 if facilities must be taken out of operation.
19.11 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 Data as required in Article 26.
19.12 Reference Data and Control Points
A. The OPT will provide the following control points:
1. Base line or grid reference points for horizontal control.
2. Benchmarks for vertical control.
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.
19.13 Delivery and Storage
A. Deliver products and materials to the Site in time to prevent delays in construction.
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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.
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
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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.
19.14 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.
19.15 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.
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19.16 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.
19.17 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.
19.18 Blasting
A. Blasting is not allowed for any purpose.
19.19 Archeological 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.
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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.
19.20 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.
19.21 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.
ARTICLE 20—PROJECT COORDINATION
20.01 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.
20.02 Document Submittal
A. Provide documents in accordance with Article 24.
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.
20.03 Communication During Project
A. The OAR is to be the first point of contact for all parties on matters concerning this Project.
B. The OAR will coordinate correspondence concerning:
1. Documents, including Applications for Payment.
2. Clarification and interpretation of the Contract Documents.
3. Contract Modifications.
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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.
20.04 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 Article 27.
b. Schedule of Values and anticipated Schedule of Payments per Article 17.
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.
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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.
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 20.07 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.
20.05 Requests for Information
A. Submit Request for Information (RFI) to the OAR 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.
OAR will return requests that do not have adequate information to the Contractor for
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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 Article 12 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 20.06.
E. Use the Action Item Log to document assignments for actions to be taken in accordance with
Paragraph 20.06.
20.06 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 20.04 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 item if appropriate. The Contract
Documents can only be changed by a Modification.
20.07 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.
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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.
20.08 Record Documents
A. Maintain at the Site one complete set of printed Record Documents including:
1. Drawings.
2. Specifications.
3. Addenda.
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:
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1
a. Depths of various elements of the foundation in relation to finished first floor
datum or the top of walls.
b. Horizontal and vertical locations of underground utilities and appurtenances
constructed and existing utilities encountered during construction.
c. Location of utilities and appurtenances concealed in the Work. Refer
measurements to permanent structures on the surface. Include the following
equipment:
1) Piping.
2) Ductwork.
3) Equipment and control devices requiring periodic maintenance or repair.
4) Valves,unions,traps, and tanks.
5) Services entrance.
6) Feeders.
7) Outlets.
d. Changes of dimension and detail.
e. Changes by Modifications.
f. Information in Request for Information or included in the Project Issues Log.
g. Details not on the original Drawings. Include field verified dimensions and
clarifications, interpretations, and additional information issued in response to
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.
ARTICLE 21—QUALITY MANAGEMENT
21.01 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.
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1. Inspect products to be incorporated into the Project. Ensure that Suppliers have
adequate quality control systems to ensure that products that comply with the Contract
Documents are provided.
2. Integrate quality control measures into construction activities to produce Work which
meets quality expectations of the Contract Documents. Inspect the Work of the
Contractor,Subcontractors, and Suppliers. Correct Defective Work.
3. Provide and pay for the services of an approved professional materials testing
laboratory acceptable to the OPT to provide testing that demonstrates that products
proposed in Shop Drawings and Record Data for the Project fully comply with the
Contract Documents.
4. Provide facilities, equipment, and Samples required for quality control inspections and
tests:
a. Give the OAR adequate notice before proceeding with Work that would interfere
with inspections or testing;
b. Notify the OAR and testing laboratories prior to the time that testing is required,
providing adequate lead time to allow arrangements for inspections or testing to
be made;
c. Do not proceed with any Work that would impact the ability to correct defects or
Work that would require subsequent removal to correct defects until testing
services have been performed and results of tests indicate that the Work is
acceptable;
d. Cooperate fully with the performance of sampling, inspection, and testing;
e. Provide personnel to assist with sampling or to assist in making inspections and
field tests;
f. Obtain and handle Samples for testing at the Site or at the production source of
the product to be tested;
g. Provide adequate quantities of representative products to be tested to the
laboratory at the designated locations;
h. Provide facilities required to store and cure test Samples;
i. Provide calibrated scales and measuring devices for the OPT's use in performing
inspections and testing;
j. Provide adequate lighting to allow OPT observations;and
k. Make Contract Documents available to testing agencies when requested.
5. Provide safe access for all inspection and testing activities, including those to be
conducted as part of the OPT's Quality Management Program.
6. Document Defective Work through 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.
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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 OAR and the Designer.
F. Provide an update on quality control activities at monthly progress meetings.
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. Owner will withhold payment for additional testing fees incurred due to Contractor
noncompliance with OPT's Quality Control Program, including retesting fees, standby time,
cancellation charges,and trip fees for retesting or cancellations.
I. 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.
21.02 Quality Management Activities by 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 21.01.
B. Quality assurance testing performed by the OPT will be paid for by the Owner, except for
verification testing required per Paragraph 21.07.
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
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.
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21.03 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 test 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 implement the Contractor's Quality Control
Plan resulting from these deviations.
21.04 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
Article 25.
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
Article 25.
4. Provide Certified Test Reports for inspection and testing required in this Section and in
other Specification Sections. Provide reports to indicate that Work complies with the
Contract Documents or indicate that Work does not comply with the Contract
Documents and why it does not comply. Submit these test reports on forms provided
per Article 24.
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21.05 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.
21.06 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, and
processing test specimens as required by test standard to maintain the integrity of Samples.
21.07 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.
21.08 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;
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 sample was taken;
j. Standard or test procedure used in making the test;
k. A description of the results of the test;
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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.
21.09 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.
21.10 Limitation of Authority of 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.
21.11 Quality Control Plan
A. Submit the Contractor's Quality Control Plan for approval as a Shop Drawing per Article 25.
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 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;
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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 21.11.6.5 that will be
provided by the OPT as part of their Quality Management Program;
7. Procedures for tracking and documenting quality management efforts.
8. Procedures for tracking Defective Work from initial identification through acceptable
corrective action. Indicate how documentation of the verification process for
deficiencies will be made.
9. Reporting procedures which incorporate the use of forms provided by the OAR.
10. The name of the proposed testing laboratories along with documentation of
qualifications per Paragraph 21.04.
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.
21.12 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. Include 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.
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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.
j. Do not move to the next phase unless results of investigations required for the
planning phase indicate that requirements have been met.
2. Work Phase: Complete this phase after the Planning Phase:
a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the
review of the planning effort to indicate that requirements have been met.
b. Check the Work to ensure that it is in full compliance with the Contract Documents.
c. Verify adequacy of controls to ensure full compliance with Contract Documents.
Verify required control inspection and testing is performed.
d. Verify that established levels of workmanship meet acceptable workmanship
standards. Compare with required Sample panels as appropriate.
e. Repeat the Work phase for each new crew to work on-site,or any time acceptable
specified quality standards are not being met.
3. Follow-up Phase: Perform daily checks to assure control activities, including control
testing, are providing continued compliance with contract requirements:
a. Make checks daily and record observations in the quality control documentation.
b. Conduct follow-up checks and correct all deficiencies prior to the start of additional
Work tasks that may be affected by the Defective Work. Do not build upon nor
conceal Defective Work.
c. Conduct a review of the Work with the OPT one month prior to the expiration of
the correction period. Correct defects as noted during the review.
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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.
ARTICLE 22—FINAL RESOLUTION OF DISPUTES
22.01 Senior Level Negotiations
A. Each party is required to continue to perform its obligations under the Contract pending the
final resolution of any dispute arising out of or relating to the Contract, unless it would be
impossible or impracticable under the circumstances then present.
B. All negotiations pursuant to Article 22 are confidential and shall be treated as compromise
and settlement negotiations for purposes of applicable rules of evidence.
C. Before invoking mediation, Owner and Contractor agree that they first shall try to resolve
any dispute arising out of or related to this Contract through discussions directly between
those senior management representatives within their respective organizations who have
overall managerial responsibility for similar projects. Both Owner and Contractor agree that
this step shall be a condition precedent to use of any other alternative dispute resolution
process. If the parties' senior management representatives cannot resolve the dispute
within 45 calendar days after a party delivers a written notice of such dispute to the other,
then the parties shall proceed with mediation.
22.02 Mediation
A. In the event that Owner and/or Contractor contend that the other has committed a material
breach of the Contract or the parties cannot reach a resolution of a claim or dispute pursuant
to Article 13,as a condition precedent to filing a lawsuit,either party shall request mediation
of the dispute with the following requirements:
1. The request for mediation shall be in writing and shall request that the mediation
commence not less than 30 calendar days or more than 90 calendar days following the
date of the request, except upon agreement of the parties.
2. In the event Owner and Contractor are unable to agree to a date for the mediation or
to the identity of the mediator within 30 calendar days following the date of the request
for mediation, all conditions precedent shall be deemed to have occurred.
3. Owner and Contractor are to each pay one-half of the mediator's fees and costs.Venue
for any mediation or lawsuit filed under this Contract shall be in Nueces County,Texas.
Any agreement reached in mediation shall be enforceable as a settlement in any court
having jurisdiction thereof.
4. Nothing in this Contract shall be construed as consent to a lawsuit. No provision of the
Contract shall waive any immunity or defense.
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ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY
23.01 Policy
A. It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities,
women, low income persons and Minority/Disadvantaged Business Enterprises (M/DBE) to
participate in the performance of contracts awarded by the City of Corpus Christi in support
of Equal Employment Opportunity goals and objectives. 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.
23.02 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 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/Disadvantaged Business Enterprise: A business enterprise that is owned and
controlled by one or more minority person(s) or socially and economically disadvantaged
individual(s). Minority/Disadvantaged 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.
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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. Socially and economically disadvantaged individual:Any individual who is a citizen (or
lawfully admitted permanent resident)of the United States and who has been subjected to
racial or ethnic prejudice or cultural bias within American society because of his or her
identity as a member of a group and without regard to his or her individual qualities.The
social disadvantage must stem from circumstances beyond the individual's control.
F. 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.
G. 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.
23.03 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
1. Minority participation goal is 45%.
2. Minority Business Enterprise participation goal is 15%.
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.
23.04 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.
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ARTICLE 24—DOCUMENT MANAGEMENT
24.01 Work Included
A. Submit documentation as required by the Contract Documents and as reasonably requested
by the OPT.
24.02 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.
24.03 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
Article 27.
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.
24.04 Document Submittal
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).
a. Create PDF documents from native format files unless files are only available from
scanned documents.
b. Rotate pages so that the top of each document appears at the top of the monitor
screen when opened in PDF viewing software.
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c. 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.
d. Submit color PDF documents where color is required to interpret the document.
e. 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.
f. Flatten markups in documents to prevent markups made by Contractor from being
moved or deleted. Flatten documents to allow markup recovery.
g. Use software to reduce file size using default settings except the option for"Drop
Metadata." Uncheck the"Drop Metadata" box when reducing file size.
h. Add footers to each document with the Project name.
24.05 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
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.
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5. Correct assignment of numbers is essential since different document types are
processed in different ways.
B. Include reference to 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.
24.06 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 Section
Application for Payment Article 17
Change Proposal Article 12
Article 25 for approval of product
Certified Test Report
Article 21 to demonstrate compliance
Notification by Contractor Article 20
Photographic Documentation Article 28
Progress Schedules Article 27
Record Data Article 26
Request for Information Article 20
Shop Drawing Article 25
Schedule of Values Article 17
Substitutions Article 12
Suppliers and Subcontractors Articles 20 and 26
ARTICLE 25—SHOP DRAWINGS
25.01 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
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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.
25.02 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 25.10 are approved.
C. Furnish and install products that fully comply with the information included in the document
submittal.
25.03 Contractor's Responsibilities
A. Provide Shop Drawings as required by Owner.
B. Include Shop Drawings in the Schedule of Documents required by Article 24 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
Article 27.
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;
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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
Drawings;
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;
4. Shop Drawings are complete for their intended purpose;and
5. Conflicts between the Shop Drawings 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 25.09.
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.
25.04 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;
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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.
25.05 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.
25.06 Warranties and Guarantees
A. Provide all required warranties,guarantees,and related documents with the Shop Drawing.
The effective date of warranties and guarantees will be the date of acceptance of the Work
by the Owner.
B. Identify all Extended Warranties, defined as any guarantee of performance for the product
or system beyond the 1-year correction period described in the General Conditions. Issue
the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended
Warranties if required by Specification Sections.
C. Provide a copy of all warranties in a separate document in accordance with Article 29.
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25.07 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 documents from native format files unless files are only available from
scanned documents.
b. Rotate pages so that the top of each document appears at the top of the monitor
screen when opened in PDF viewing software.
c. 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.
d. Submit color PDF documents where color is required to interpret the Shop
Drawing. Submit Samples and color charts per Paragraph 25.08.A.
e. 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.
f. Flatten markups in documents to prevent markups made by Contractor from being
moved or deleted. Flatten documents to allow markup recovery.
g. Use software to reduce file size using default settings except the option for"Drop
Metadata." Uncheck the "Drop Metadata" box when reducing file size.
h. Add footers to each document with the Project name.
3. Submit each specific product or class of material separately so these can be tracked and
processed independently. Do not submit Shop Drawings for more than one product in
the same Shop Drawing.
4. Submit items specified in different Specification Sections separately unless they are part
of an integrated system.
5. Define abbreviations and symbols used in Shop Drawings.
a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings.
b. Provide a list of abbreviations and their meaning as used in the Shop Drawings.
c. Provide a legend for symbols used on Shop Drawings.
6. Mark Shop Drawings to reference:
a. Related Specification Sections,
b. Drawing number and detail designation,
c. Product designation or name,
d. Schedule references,
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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.
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 Article 12 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 25.03.
25.08 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.
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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.
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.
25.09 Equal Non Specified Products
A. 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 this article 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.
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.
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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.
25.10 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.
25.11 Designer Responsibilities
A. Shop Drawings will be received by the Designer. Designer will log the documents and review
per this Article 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.
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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 Article 26.
c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be
removed from consideration and all efforts regarding the processing of that
document are to cease.
d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents,
significant errors, or is inadequate and must be revised and resubmitted for
subsequent review.
e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has
significant markups. Make correction and notations to provide a revised document
with markup incorporated into the original document so that no markups are
required.
f. Returned without review due to excessive deficiencies: Document does not meet
the requirement of the Specifications for presentation or content to the point
where continuing to review the document would be counterproductive to the
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
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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 a 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 25.11 that indicates that the
Shop Drawing process is closed.
F. Information that is submitted as a Shop Drawings that should be submitted as Record Data
or other type of document, or is not required may be returned without review, or may be
deleted. No further action is required and the Shop Drawing process for this document will
be closed.
25.12 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.
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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.
4. A Set-off will be included in each Application for Payment to pay costs 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.
S. 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.
ARTICLE 26—RECORD DATA
26.01 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.
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D. Provide various reports or other documents that Contract Documents require for record
purposes.
26.02 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.
26.03 Contractor's Responsibilities
A. Submit Record Data.
B. Include Record Data in the Schedule of Documents required by Article 24 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
S. 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.
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26.04 Record Data Requirements
A. Include a complete description of the material or equipment to be furnished, including:
1. Type,dimensions,size,arrangement,model number,and operational parameters of the
components;
2. Weights,gauges,materials of construction,external connections,anchors,and supports
required;
3. All applicable standards such as ASTM or Federal specification numbers;
4. Fabrication and installation drawings, setting diagrams, manufacturing instructions,
templates, patterns,and coordination drawings;
5. Mix designs for concrete,asphalt or other materials proportioned for the Project;and
6. Complete and accurate field measurements for products which must fit existing
conditions. Indicate on the document submittal that the measurements represent
actual dimensions obtained at the Site.
26.05 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.
26.06 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.
C. Provide a copy of all warranties in a separate document in accordance with Article 29.
26.07 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).
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a. Create PDF documents from native format files unless files are only available from
scanned documents.
b. Rotate pages so that the top of each document appears at the top of the monitor
screen when opened in PDF viewing software.
c. 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.
d. Submit color PDF documents where color is required to interpret the Record Data.
e. 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.
f. Flatten markups in documents to prevent markups made by Contractor from being
moved or deleted. Flatten documents to allow markup recovery.
g. Use software to reduce file size using default settings except the option for "Drop
Metadata." Uncheck the"Drop Metadata" box when reducing file size.
h. 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 Article 12 to request modifications to the Contract Documents,
including those for approval of"or equal"products when specifically allowed by the Contract
Documents or as a substitution for specified products or procedures. Deviations from the
Contract Documents can only be approved by a Modification.
C. Complete the certification required by Paragraph 26.03.
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26.08 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 26.02 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 26.02. Document will be given the status of "Filed as
Received"and no 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 Article 25.
b. The cursory review indicates that the document does not meet the requirements
of Paragraph 26.02. 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 the Record Data
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."
ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE
27.01 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.
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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. Schedule Work based upon a six day work week.
27.02 Document Submittal
A. Submit Progress Schedules in accordance with Article 24.
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 Schedule 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.
27.03 Schedule Requirements
A. Schedule is to be in adequate detail to:
1. Assure adequate planning,scheduling,and reporting during the execution of the Work;
2. Assure the coordination of the Work of the Contractor and the various Subcontractors
and Suppliers;
3. Assist in monitoring the progress of the Work;and
4. Assist in evaluating proposed changes to the Contract Times and Project schedule.
B. Provide personnel with 5 years' minimum experience in scheduling construction work
comparable to this Project. Prepare the schedule using acceptable scheduling software.
C. Provide the schedule in the form of a computer generated critical path schedule which
includes Work to be performed on the Project. It is intended that the schedule accomplish
the following:
1. Give early warning of delays in time for correction.
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 revised 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.
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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
Article 24 indicating:
1. Specific date each document is to be delivered to the Designer.
2. Specific date 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 each document. Contractor is responsible for delays
associated with additional time required to review incomplete or erroneous documents
and for time lost when documents are submitted for products that do not meet
Specification requirements.
27.04 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.
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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.
27.05 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.
ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION
28.01 Work Included
A. Provide a video recording of the Site prior to the beginning of construction.
1. Record the condition of all existing facilities in or abutting the construction area (right-
of-way)including but not limited to streets,curb and gutter,utilities,driveways,fencing,
landscaping, etc.
2. Record after construction staking is complete but prior to any clearing.
3. Provide one copy of the recording, dated and labeled to the OAR before the start of
construction. Provide additional recording as directed by the OAR if the recording
provided is not considered suitable for the purpose of recording pre-existing conditions.
B. Furnish an adequate number of photographs of the Site to clearly depict the completed
Project.
1. Provide a minimum of ten different views.
2. Photograph a panoramic view of the entire Site.
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3. Photograph all significant areas of completed construction.
4. Completion photographs are not to be taken until all construction trailers, excess
materials,trash, and debris have been removed.
5. Employ a professional photographer approved by the OAR to photograph the Project.
6. Provide one aerial photograph of the Site from an angle and height to include the entire
Site while providing adequate detail.
C. All photographs, video recordings, and a digital copy of this media are to become the
property of the Owner. Photographs or recordings may not be used for publication,or public
or private display without the written consent of the Owner.
28.02 Quality Assurance
A. Provide clear photographs and recordings taken with proper exposure. View photographs
and recordings in the field and take new photographs or recordings immediately if photos of
an adequate print quality cannot be produced or video quality is not adequate. Provide
photographs with adequate quality and resolution to permit enlargements.
28.03 Document Submittal
A. Submit photographic documentation as Record Data in accordance with Article 24.
B. Submit two DVDs of the video recording as Record Data in accordance with Article 24.
28.04 Photographs
A. Provide photographs in digital format with a minimum resolution of 1280 x 960,
accomplished without a digital zoom.
B. Take photographs at locations acceptable to the OAR.
C. Provide two color prints of each photograph and a digital copy on a DVD of each photograph
taken.
D. Identify each print on back with:
1. Project name.
2. Date,time, location,and orientation of the exposure.
3. Description of the subject of photograph.
E. Submit photographs in clear plastic sheets designed for photographs. Place only one
photograph in each sheet to allow the description on the back to be read without removing
the photograph.
F. Final photographs are to include two 8-by-10-inch glossy color prints for each of ten
photographs selected by the OAR. These photographs are in addition to normal prints.
28.05 Video Recording
A. Provide digital format on DVD that can be played with Windows Media Player in common
format in full screen mode.
B. Identify Project on video by audio or visual means.
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C. Video file size should not exceed 400 MB.
D. Video resolution shall be 1080p.
E. The quality of the video must be sufficient to determine the existing conditions of the
construction area. Camera panning must be performed while at rest,do not pan the camera
while walking or driving. Camera pans should be performed at intervals sufficient to clearly
view the entire construction area.
F. DVD shall be labeled with construction stationing and stationing should be called out, voice
recorded, in the video.
G. The entire construction area recording shall be submitted at once. Sections submitted
separately will not be accepted.
H. Pipeline projects should be recorded linearly from beginning to end.
ARTICLE 29—EXECUTION AND CLOSEOUT
29.01 Substantial Completion
A. Notify the OAR 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 30 days after notification is received to
determine the status of the Project.
C. OAR will notify the Contractor, within 120 days after notification, that the Work is either
substantially complete or that additional Work must be performed before the Project will be
considered substantially complete.
1. OAR 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 OAR when the items of Work in the OAR's notice have been completed.
4. OPT will revisit the Site and repeat the process.
5. OAR 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 OAR of any objections to items on the list within 10 days
after receiving the Certificate of Substantial Completion.
29.02 Final Inspections
A. Notify the OAR 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;
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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
S. 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 30 days 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 been corrected. OPT will visit the Site to determine if the Project is complete and the
Work is acceptable. OAR 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
29.04 if notified that the Project is complete,and the Work is acceptable.
29.03 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.
29.04 Closeout Documents Submittal
A. Record Documents per Article 20.
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 Article 28.
29.05 Transfer of Utilities
A. If applicable to the Project,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.
29.06 Warranties, Bonds and Service Agreements
A. Provide warranties, bonds,and service agreements required by the Contract Documents.
B. The date for the start of warranties, bonds, and service agreements is established per the
Contract Documents.
C. Compile warranties, bonds, and service agreements and review these documents for
compliance with the Contract Documents.
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1. Provide a log of all equipment covered under the 1-year correction period specified in
the Contract Documents 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 service agreement;
e. Indicate the start date for the correction period specified in the Contract
Documents 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 service agreements within 10 days after equipment or
components are placed in service.
ARTICLE 30—MISCELLANEOUS
30.01 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 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.
30.02 Owner's Right to Audit Contractor's Records
A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect
and/or copy,at Owner's election at all reasonable times during the term of this Contract and
for a period of four (4) years following the completion or termination of the Work, all of
Contractor's written and electronically stored records and billings relating to the
performance of the Work under the Contract Documents. The audit, examination or
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inspection may be performed by an Owner designee,which may include its internal auditors
or an outside representative engaged by Owner. Contractor agrees to retain its records for
a minimum of four(4)years following termination of the Contract,unless there is an ongoing
dispute under the Contract,then,such retention period must extend until final resolution of
the dispute. As used in these General Conditions, "Contractor written and electronically
stored records" include any and all information, materials and data of every kind and
character generated as a result of the work under this Contract. Examples of Contractor
written and electronically stored records include, but are not limited to:accounting data and
reports, billings, books, general ledgers, cost ledgers, invoices, production sheets,
documents, correspondence, meeting notes, subscriptions, agreements, purchase orders,
leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings,
receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures,
Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and
state tax filings for any issue in question, along with any and all other agreements, sources
of information and matters that may, in Owner's sole judgment, have any bearing on or
pertain to any matters, rights, duties or obligations under or covered by any Contract
Documents.
B. Owner agrees to exercise the right to audit, examine or inspect Contractor's records only
during regular business hours. Contractor agrees to allow Owner and/or Owner's designee
access to all of the Contractor's Records, Contractor's facilities, and current or former
employees of Contractor, deemed necessary by Owner or its designee(s), to perform such
audit, inspection or examination. Contractor also agrees to provide adequate and
appropriate work space necessary for Owner or its designees to conduct such audits,
inspections or examinations.
C. Contractor must include this Paragraph 30.02 in any Subcontractor, supplier or vendor
contract.
30.03 Independent Contractor
A. Contractor is to perform its duties under this Contract as an independent contractor. The
Contractor's Team and their personnel are not considered to be employees or agents of the
Owner. Nothing in this Contract is to be interpreted as granting Contractor's Team the right
or authority to make commitments for the Owner. This Contract does not constitute or
create a joint venture, partnership or formal business organization of any kind.
30.04 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies
available to the Owner or Contractor by these General Conditions are in addition to,and are
not a limitation of,the rights and remedies which are otherwise imposed or available by:
1. Laws or Regulations;
2. Special warranties or guarantees;or
3. Other provisions of the Contract Documents.
B. The provisions of this Paragraph 30.04 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 00 72 OOE-120
Corpus Christi Standards—Emergency Projects Rev 2/2020
30.05 Limitation of Damages
A. Owner is not liable to Contractor for claims, costs, losses or damages sustained by
Contractor's Team associated with other projects or anticipated projects.
30.06 No Waiver
A. The failure of Owner or Contractor to enforce any provision of this Contract does not
constitute a waiver of that provision or affect the enforceability of that provision or the
remainder of this Contract.
30.07 Severability
A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable,
that part is to be severed and the remainder of this Contract continues in full force.
30.08 Survival of Obligations
A. Representations, indemnifications, warranties, guarantees and continuing obligations
required by the Contract Documents survive completion and acceptance of the Work or
termination of the Contract.
30.09 No Third Party Beneficiaries
A. Nothing in this Contract can be construed to create rights in any entity other than the Owner
and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries
by entering into this Contract.
30.10 Assignment of Contract
A. This Contract may not be assigned in whole or in part by the Contractor without the prior
written consent of the Owner.
30.11 No Waiver of Sovereign Immunity
A. The Owner has not waived its sovereign immunity by entering into and performing its
obligations under this Contract.
B. This Contract is to perform a governmental function solely for the public benefit.
30.12 Controlling Law
A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of
laws. Venue for legal proceedings lies exclusively in Nueces County,Texas. Cases must be
filed and tried in Nueces County and cannot be removed from Nueces County,Texas.
30.13 Conditions Precedent to Right to Sue
A. Notwithstanding anything herein to the contrary,Contractor will have at least 90 days to give
notice of a claim for damages as a condition precedent to the right to sue on the Contract,
subject to the contractual Claims and Alternative Dispute Resolution processes set forth
herein.
General Conditions 00 72 OOE-121
Corpus Christi Standards—Emergency Projects Rev 2/2020
30.14 Waiver of Trial by Jury
A. Owner and Contractor agree that they have knowingly waived and do hereby waive the right
to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Contract, to proceed with a trial before the court, unless both parties
subsequently agree otherwise in writing.
30.15 Attorney Fees
A. The Parties expressly agree that,in the event of litigation,all parties waive rights to payment
of attorneys' fees that otherwise might be recoverable, pursuant to the Texas Civil Practice
and Remedies Code Chapter 38, Texas Local Government Code §271.153, the Prompt
Payment Act,common law or any other provision for payment of attorney's fees.
30.16 Compliance with Laws
A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas
Architectural Barriers Act and all regulations relating to either statute.
B. No qualified person shall on the basis of race, color, religion, national origin, gender, age or
disability be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity which receives or benefits from federal financial
assistance.
C. Comply with all applicable federal,state and city laws, rules and regulations.
D. Each applicable provision and clause required by law to be inserted into the Contract shall
be deemed to be enacted herein,and the Contract shall be read and enforced as though each
were physically included herein.
30.17 Enforcement
A. The City Manager or designee and the City Attorney or designee are fully authorized and will
have the right to enforce all legal rights and obligations under the Contract without further
authorization from City Council.
30.18 Subject to Appropriation
A. Funds are appropriated by the Owner on a yearly basis. If for any reason, funds are not
appropriated in any given year,the Owner may direct immediate suspension or termination
of the Contract with no additional liability to the Owner. If the Contractor is terminated or
suspended and the Owner requests remobilization at a later date, the Contractor may
request payment for reasonable demobilization/remobilization costs. Such costs shall be
addressed through a Change Order to the Contract. Under no circumstances may a provision
or obligation under this Contract be interpreted as contrary to this paragraph.
30.19 Contract Sum
A. The Contract Sum is stated in the Contract and,including authorized adjustments, is the total
maximum not-to-exceed amount payable by Owner to Contractor for performance of the
Work under the Contract Documents. Contractor accepts and agrees that all payments
pursuant to this Contract are subject to the availability and appropriation of funds by the
General Conditions 00 72 OOE-122
Corpus Christi Standards—Emergency Projects Rev 2/2020
Corpus Christi City Council. If funds are not available and/or appropriated,this Contract shall
immediately be terminated with no liability to any party to this Contract.
30.20 Contractor's Guarantee as Additional Remedy
A. The Contractor's guarantee is a separate and additional remedy available to benefit the
Owner. Neither the guarantee nor the expiration of the guarantee period will operate to
reduce, release or relinquish any rights or remedies available to the Owner for any claims or
causes of action against the Contractor or any other individual or entity.
30.21 Notices.
A. Any notice required to be given to Owner under any provision in this Contract must include
a copy to OAR by mail or e-mail.
END OF SECTION
General Conditions 00 72 OOE-123
Corpus Christi Standards—Emergency Projects Rev 2/2020
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 Consultant must not commence work under this agreement until all required insurance has been
obtained and such insurance has been approved by the City. Consultant must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor has been
obtained.
1.2 Consultant must furnish to the Director of Contracts and Procurement with the signed agreement a
copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following
minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of
subrogation is required on all applicable policies. Endorsements must be provided with COI.
Project name and or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City
with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and
any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis,
by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's
rating of no less than A- VII. Consultant is required to provide City with renewal Certificates.
1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of
the replacement certificate of insurance to City at the address provided below within 10 business days of
said change. Consultant shall pay any costs resulting from said changes. All notices under this Article
shall be given to City at the following address:
Contract for Professional Services
City of Corpus Christi
Attn: Contracts and Procurement
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all insurance policies
are to contain or be endorsed to contain the following required provisions:
1 .6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation
will be provided at least 30 days in advance of the cancellation effective date to the
certificate holder.
1 .6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be
provided within 10 days of the cancellation effective date to the certificate holder.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant
shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Consultant's performance should
there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the
required insurance shall constitute a material breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein required, the City
shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant
may be held responsible for payments of damages to persons or property resulting from Consultant's or
its subcontractor's performance of the work covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect
to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations
under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this agreement.
Contract for Professional Services
June 29, 2020 llerracon
Ms. Sharon Bailey Murphy
Environmental Affairs Manager
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78469-9277
Telephone: 361-826-4066
Email: SharonL(rD..cctexas.com
Reference: Proposal To Conduct Remedial Assessment Activities
Ayers Street Construction Project
4817 Ayers Street
Corpus Christi, Nueces County, Texas
Terracon Proposal PCD207017
Dear Ms. Murphy:
Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to the
City of Corpus Christi (City) to conduct remedial assessment activities at the above-referenced
site. An outline of the proposed project, Terracon's scope of services, including schedule and
compensation, are provided. The assumptions and limitations used for development of the scope
of work and fee are attached.
1.0 PROJECT INFORMATION
On June 25, 2020, Ms. Sharon Lewis Murphy with the City requested that Terracon mobilize to
the site to observe and make recommendations to characterize hydrocarbon-impacted soil and
water that had been uncovered at a stormwater inlet structure located in the right-of-way at 4817
Ayers Street during the street construction activities. At the Texas Commission of Environmental
Quality's (TCEQ) and City's requests, Terracon collected a water sample from the stormwater
inlet and analyzed for the following chemicals of concern(COC): benzene, toluene, ethylbenzene,
total xylenes (BTEX), total petroleum hydrocarbons (TPH), and polycyclic aromatic hydrocarbons
(PAH).
2.0 COMMITMENT TO SAFETY
Terracon has a commitment to the safety of all its employees. As such, and in accordance with
our Incident and Injury Free® safety culture, Terracon will develop a safety plan to be used by
our personnel during field services. Prior to commencement of on-site activities, Terracon will
hold a meeting to review health and safety needs for this specific project. At his time, we
anticipate performing fieldwork in a USEPA Level D work uniform consisting of hard hats, safety
glasses, protective gloves, and steel-toed boots. It may become necessary to upgrade this level
Terracon Consultants, Inc. 3606 WOW Road Corpus Christi, Texas
P 361- 20-6012 F 361-420-6001 lerracon.com Professional Geoscientist Firm No. 50058
Environmental ® Facilities ® Geotechnical Materials
REMEDIAL ASSESSMENT ACTIVITES PROPOSAL lierracon
City of Corpus Christi 4817 Ayers Street Corpus Christi, Texas
June 29, 2020 Terracon Proposal No. PCD207017
of protection, at additional costs, while field activities are being conducted in the event that
petroleum or chemical constituents are encountered in soil or groundwater that present an
increased risk for personal exposure.
Following receipt of your Notice to Proceed and no later than 48 hours prior to intrusive activities,
Jhabores Construction Company, Inc. (Jhabores), the City's street construction general
contractor, will contact a utility locator to arrange for public underground utility locates at the site.
Utilities on private land that are not located by public companies will be located by the property
owner/operator.
Please note that, in accordance with the Agreement for Services, the Client shall provide the
location and/or arrange for the marking of private utilities and subterranean structures. Consultant
shall take reasonable precautions to avoid damage or injury to subterranean or utilities.
Consultant shall no be responsible for damage to subterranean structures or utilities that are not
called to the Consultant's attention, are not correctly marked, including by a utility locate service
or are incorrectly shown on the plans furnished to Consultant.
3.0 SCOPE OF SERVICES
The objective of this proposed scope of work is to accomplish remediation at the site which
includes delineation of impacted soil, laboratory analyses, and characterization of soil and
groundwater for disposal purposes. The proposed scope of work is not intended to provide a
comprehensive understanding of the soil or groundwater. The proposed remediation assessment
activities include:
Initial Investigation:
1. Attend emergency meeting the with the City and TCEQ Region 14 representatives;
2. Collect a water sample from a stormwater inlet located in the right-of-way located at 4817
Ayers Street;
3. At the City's and Jhabores's direction, excavate soil from an area 20 feet long by 20 feet
wide by 15 feet deep and stage the material on-site. The excavated material will be
placed on plastic liners to prevent contamination of the underlying soil;
4. Once the soil has been excavated, Terracon will collect confirmation samples from the
walls and floor of the excavation to verify all impacted soil has been removed. The soil
samples will be analyzed for BTEX/MTBE (EPA Method 8260B), TPH (TCEQ Method
TX 1005), PAH (EPA Method 8270C), and moisture content;
5. Terracon will supervise and oversee the loading and transportation of the excavated
material. The soil will be loaded into roll-off boxes and transported directly to the Cefe
Valenzuela landfill.
Responsive Resourceful Reliable
REMEDIAL ASSESSMENT ACTIVITES PROPOSALerrLn
City of Corpus Christi 4817 Ayers Street Corpus Christi, Texas
June 29, 2020 Terracon Proposal No. PCD207017
6. For the purposes of this proposal, it has been presumed that the waste can be disposed
as a Class 2 non-hazardous waste at a local permitted landfill. If the waste does not
meet this classification, then additional characterization might be required to properly
dispose the waste.
Terracon will prepare waste profiles and waste manifests for the City's review and
approval for disposal. Client or its authorized agent will be responsible for signing the
waste manifest, as required, or authorizing Terracon to sign on the Client's behalf.
Terracon will also communicate with Mr. Philip Aldridge (City of Corpus Christi Assistant
Director of Solid Waste Disposal) to coordinate delivery of the excavated material;
7. Terracon will contract Churchwell Environmental Solutions to load and transport the
excavated material to the Cefe Valenzuela landfill located in Bishop, Texas;
8. Terracon will provide the City a letter report documenting the remedial assessment
activities, analytical laboratory test results and copies of the completed waste manifests;
and
9. Terracon will provide follow-up correspondence with the TCEQ to document the results
of the assessment activities.
Secondary Investigation:
1. Should the soil confirmation samples indicate impacted soil and further delineation is
necessary, Terracon will notify the City to report site conditions and discuss immediate
continuation of assessing the excavation area;
2. Terracon will continue excavation activities and collect confirmation samples from the
walls and floor of the excavation to delineate the site and document that the impacted
soil has been removed;
3. Terracon will continue waste (soil and groundwater) characterization, landfill
coordination, transportation and disposal activities as described under the Initial
Investigation Section; and
4. Terracon will conduct follow-up discussions with the City and provide a summary report
of all investigation activities.
Responsive Resourceful Reliable
REMEDIAL ASSESSMENT ACTIVITES PROPOSAL
City of Corpus Christi 4817 Ayers Street Corpus Christi. Texas lierracon
June 29. 2020 Terracon Proposal No. PCD207017
3.1 Report Preparation
Following completion of the site activities and receipt of the laboratory analytical results, a
summary report will be prepared that will include the following:
Documentation of field activities;
Site plan showing pertinent site features;
Discussion of the water sample collected from stormwater inlet;
Discussion of the excavation confirmation sampling;
Presentation of the analytical laboratory results;
Copies of the completed waste profiles and manifests;
Discussion concerning further action, if necessary.
The written report will include a summary of the analytical results as well as observations and
recommendations that will take precedence over any verbal or preliminary reports that Terracon
personnel may have provided.
4.0 SCHEDULE AND FEE
Based upon our current schedule, the work can be completed within 30 business days following
receipt of the signed agreement for services. The actual project schedule will be based on the
availability of environmental consultant's field staff and other subcontractors. If schedule delays
are anticipated based on subcontractor availability, weather, and/or encountered site conditions,
the City will be contacted to discuss changes in the schedule. The standard laboratory analytical
completion schedule is 10 business days. If you would like to have laboratory analyses completed
quicker, please contact the project manager to discuss the options and additional fees.
The fee for providing the Scope of Services as outlined in this proposal will be invoiced on a lump
sum basis.
Remedial Assessment Activities (Intial Investigation) $19,260.00
Remedial Assessment Investigation (Secondary Investigation, if necessary) $19.980.00
TOTAL $39,240.00
If additional services are required that are outside the scope of this proposal, you will be contacted
to discuss the associated costs. Client authorization will be obtained prior to commencement of
additional services outside the scope of this proposal.
Responsive Resourceful Reliable
REMEDIAL ASSESSMENT ACTIVITES PROPOSAL
City of Corpus Christi 4817 Ayers Street Corpus Christi, Texas lr�rr�c�n
June 29, 2020 Terracon Proposal No. PCD207017
5.0 CONDITIONS
If unforeseen soil, groundwater, or other environmental releases are discovered during the
assessment activities, the owner, operator, or similar responsible party may have release
reporting obligations under applicable state law or regulations.
5.1 Assumptions
The scope of services and estimated fee were based on the assumptions and limitations noted
below.
Client will provide to Terracon, prior to mobilization, legal right of entry to the site (and
other areas if required)to conduct the scope of services;
Client will notify Terracon, prior to mobilization, of any restrictions, special site access
requirements, or known potentially hazardous conditions at the site (e.g., hazardous
materials or processes, specialized protective equipment requirements, unsound
structural conditions, etc.);
• Field services will be performed in U.S. Occupational Health and Safety Administration
Level D work uniform. Client will be responsible for additional costs should an upgrade to
personal protective equipment be required do to conditions encountered at site;
■ A request will be made for the marking of public utilities locations in accordance with
applicable state, regional, and/or local utility locate services or one-call centers. The
marking of underground utility or structure locations on private property which are
not conducted by the one-call centers or the utility companies will be the
responsibility of the client and/or property owner/operator;
• Terracon will utilize strict quality assurance/quality control (QA/QC) field procedures to
ensure that samples collected are representative and valid. All samples will be submitted
to Pace Analytical laboratory in Corpus Christi, Texas, which is a National Environmental
Laboratory Accreditation Conference (NELAC) accredited laboratory;
■ The work can be performed during normal business hours (Monday through Friday, 7:00
am to 6:00 pm);
• The City will provide proper traffic control and traffic control devices, as required by the
City, during the field investigation;
The site is readily accessible by truck and sampling equipment;
• Any landfill disposal costs incurred for the handling of liquid or solid wastes generated
from the remedial assessment activities will be the financial responsibility of the City; and
• Additional remedial activities, other than those activities described in this proposal, will be
discussed and negotiated with the City.
Responsive Resourceful Reliable
REMEDIAL ASSESSMENT ACTIVITES PROPOSAL
City of Corpus Christi 4817 Ayers Street Corpus Christi, Texas lierracon
June 29, 2020 Terracon Proposal No. PCD207017
If any of these assumptions or conditions are not accurate or change during the project, the stated
fee is subject to change.
5.2 Limitations
The proposed services will be conducted in a manner consistent with generally accepted practices
of the profession undertaken in similar studies in the same geographic area during the same
period. Terracon makes no warranties, express or implied, regarding these services, findings,
conclusions or recommendations. Please note that Terracon does not warrant the services of
laboratories, regulatory agencies or other third parties supplying information used in the
preparation of the report. These remedial assessment services will be conducted in accordance
with the scope of services agreed with you, our client, as set forth in this proposal. These remedial
assessment services are not intended to be completed in strict conformance with ASTM E1903-
11.
Certain indicators of subsurface impacts may be inaccessible, nondetectable, or not present
during these services, and we cannot represent that the site contains no hazardous substances,
petroleum products, or other latent conditions beyond those identified during this remedial
assessment. Subsurface conditions are subject to spatial and temporal variability. Our findings,
conclusions, and recommendations will be based solely upon data obtained at the time and within
the scope of these services.
5.3 Reliance
The report will be prepared for the exclusive use and reliance of the City of Corpus Christi.
Reliance by any other party is prohibited without the written authorization of the client and
Terracon. Reliance on the report by the client and all authorized parties will be subject to the
terms, conditions, and limitations stated in the Agreement for Services, sections of this proposal
incorporated therein, the Reliance Agreement, and the remedial assessment report. The defined
contractual limitation of liability is the aggregate limit of Terracon's liability to the client and all
relying parties.
6.0 AUTHORIZATION
This proposal may be accepted by executing the attached Agreement for Services form and
returning it to Terracon. This proposal is valid, if authorized, within thirty days from the listed
proposal date.
Responsive Resourceful Reliable
REMEDIAL ASSESSMENT ACTIVITIES PROPOSAL
City of Corpus Christi E.4817 Ayers Street., Corpus Christi, Texas
June 29, 2020 . Terracon Proposal No. PCD207017
Terracon appreciates the opportunity to assist you with this project. Please call Robert Reina at
361.420.6012(office direct)If you need any additional information. Also, please return the signed
Agreement to Robert at robert.reina;wterracon.com or to me at lee.�arrett(a4erracon.com.
Sincerely,
Tgonsulpntts,Inc.
;9),81,e-/
Ro oit,ReThe
Le44, P.G.
.G.
Department Manager Principal
Attachment: Agreement for Services