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HomeMy WebLinkAboutC2020-403 - 6/9/2020 - Approved (2)DocuSign Envelope ID: 7CA3FB1C-D56E-478D-AFC7-3EB298FB74AA 00 52 23 AGREEMENT This Agreement, for the Project awarded on June 9, 2020, is between the City of Corpus Christi (Owner) and Haas -Anderson Construction Ltd. (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Residential Street Rebuild Program Year 2019 Project No. 18164A ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Christi, Texas 78411 GOrtiz@hanson-inc.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP — Asst. Director of Construction City of Corpus Christi — Engineering Services 4917 Holly Rd., Bldg, #5 Corpus Christi, Texas 78413 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 270 days for Base Bid E, after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-1 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT REQUEST FOR BIDS ("RFB") RESIDENTIAL STREET REBUILD PROGRAM YEAR 2019 PROJECT No. 18164A RFB No. 2998 Release Date: March 8, 2020 CONFORMED/FINAL CONSTRUCTION DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table of Contents Section 1 - Notice of Request for Bids 1 1.1 Request for Bids 1 1.2 Term 1 1.3 Schedule 2 1.4 Delivery Address and Procurement Officer 2 Section 2 - Instructions to Bidders 3 2.1 Pre-bid Conference 3 2.2 Requests for Clarification (Questions and Answers) 3 2.3 Bid Requirements 3 2.4 Requirements for Selected Bidder: 6 2.5 Submission of Bid 7 2.6 Evaluation Factors 9 2.7 Bid Acknowledgments 9 Section 3 - Conditions Governing the Procurement 13 3.1 RFB Procedural and Content Questions 13 3.2 Basis for Bid 13 3.3 Terms and Conditions 13 3.4 Signing of Bids 13 3.5 Cost of Bids 14 3.6 Ownership of Bids 14 3.7 Disqualification or Rejection of Bids 14 3.8 Right to Waive Irregularities 15 3.9 Withdrawal of Bids 16 3.10 Amending of Bids 16 3.11 Bid Offer Firm 16 3.12 Bidder's Qualifications 16 3.13 Exceptions to RFB Specifications 16 3.14 Consideration of Bids 16 3.15 City's Reservation of Rights 16 3.16 No Obligation 17 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 3.17 Sufficient Appropriation 17 3.18 Recommendation for Award 17 3.19 Construction Contract 17 3.20 Execution of Contract 17 3.21 Disputes 18 3.22 Contract Term 18 3.23 Contractor's Ethical Behavior 18 3.24 Use of Subcontractors 18 3.25 Protest Procedure 18 3.26 Insurance Requirements 21 Section 4 - Scope of Work 22 4.1 General Requirements/Background Information 22 4.2 Scope of Work 22 4.3 Work Site and Conditions 23 4.4 Contractor Quality Control and Superintendence 23 Section 5 - Bid Forms 24 Section 6 - Construction Contract Documents (Including Plans and Specifications) 1 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Section 1 - Notice of Request for Bids Date Issued: March 8, 2020 1 1 Request for Bids A. The City of Corpus Christi ("City" or "Owner") hereby issues this request for bids ("RFB"). The City is seeking bids from firms interested and qualified in the construction of street improvements including pavement, sidewalks, curb and gutter, curb ramp and driveways, as outlined in the scope of work. B. The project scope includes one (1) bid set with a total of five (5) contracts which consist of pavement reconstruction and pavement rehabilitation for a total of fifty-nine (59) residential streets in various locations throughout Corpus Christi. Sidewalk, curb and gutter, curb ramp, and driveway improvements will be included in addition to pavement improvements. The Project will be coordinated and approved by the City of Corpus Christi. If necessary, changes may be made to the street locations (e.g. adding or removing streets) in order to satisfy the overall budget. The purpose of this package is to establish unit rates for Base Bid A, Base Bid B, Base Bid C, Base Bid D, and Base Bid E - which are five (5) separate contracts. The Contractor may opt to bid on only 1 contract or multiple contracts. To be awarded multiple contracts the contractor must demonstrate that they have the capacity to work on multiple contracts simultaneously. 1.2 Term The work is to be substantially completed within 490 days for Base Bid A; 490 days for Base Bid B; 520 days for Base Bid C; 270 days for Base Bid D; and 270 days for Base Bid E. Page 1 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 1.3 1.4 Schedule The Delivery following is the schedule for this procurement: Date/Time Activity March 8, 2020 Request for Bids published March 17, 2020 at 10:00 a.m. Pre -Bid Conference March 25, 2020 by 5:00 p.m. Requests for Clarification from Bidders are due April 1, 2020 Responses to Requests for Clarification will be posted via Addendum in CivCast Wednesday, April 22, at 2:00 p.m. BIDS DUE/BID OPENING May, 2020 Projected Date Award of Contract June, 2020 Anticipated Notice to Proceed Address and Procurement Officer SYLVIA ARRIAGA - PROCUREMENT OFFICER City of Corpus Christi - Contracts and Procurement Department 1201 Leopard St., 1st Floor Corpus Christi, Texas 78401 Phone: (361) 826-3530 Fax: (361) 826-3174 SylviaA©cctexas.com Page 2 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Section 2 - Instructions to Bidders 2.1 Pre-bid Conference A. A Pre-bid Conference will be held as follows: Date: Tuesday, March 17, 2020 Time: 10:00 a.m. Location: City Hall Contracts and Procurement Conference Room 1201 Leopard St. 1St Floor Corpus Christi, Texas 78401 All bidders are highly encouraged to attend this conference to learn more about the requirements of this solicitation. B. Site visit: The City will not conduct a formal site visit; however, Bidders are encouraged to visit the site on their own to acquaint themselves with the general and specific conditions under which they will be required to perform the work, and which may affect the cost of the performance of the work. 2.2 Requests for Clarification (Questions and Answers) All inquiries or requests regarding this RFB must be submitted in writing online via CivCast (https://www.civcastusa.com/bids) only using the electronic question submission feature specific to this RFB. Such inquiries or requests must be submitted by the due date and time for clarifications provided in this RFB. Any attempt to question City employees regarding this RFB outside of CivCast may result in the City disqualifying that Bidder. Only written responses in CivCast will be binding regarding inquiries requesting clarification or additional information. Written responses will be released in the form of an Addendum. Bidders must acknowledge receipt of all Addenda. 2.3 Bid Requirements A. The Bidder must have operated continuously for a minimum of 5 years as an established firm in providing construction in all areas associated with street improvements including pavement, sidewalks, curb and gutter, curb ramp and driveways. This experience must be outlined in the Statement of Experience Form provided in this RFB. Page 3 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA B. The Bidder must not have any outstanding lawsuits nor have been involved in any lawsuits during the last five years that may materially affect its ability to provide the work described herein. Provide information on any lawsuits that would materially affect your ability to provide the work with your bid on the Statement of Experience form. C. The Bidder must not have any outstanding regulatory issues nor had any regulatory issues during the last five years that may materially affect its ability to provide the work described herein. This includes payment of all required taxes. Provide information on any outstanding regulatory issues that would materially affect your ability to provide the work with your bid on the Statement of Experience form. D. The following are requirements for bidding: 1. Statement of Experience - Bidder agrees to provide a Statement of Experience with its bid to demonstrate the Bidder's responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Bid being considered non-responsive. 2. Bid Security Requirements - a. Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5 percent (5%) of the greatest amount bid. b. Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically shall scan and upload a copy of the Bid Security as an attachment to their bid. The original Bid Bond, cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in this Section. c. Bid Bond Requirements: A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: Page 4 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA i. fails to enter into a contract for the Project with the Owner; or ii. fails to provide the required Performance and Payment Bonds. d. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next lowest bidder. e. The Bid Bond must reference the Project by name. f. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. g. Failure to provide an acceptable Bid Security will constitute a non- responsive Bid which will not be considered. h. Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. i. Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Construction Contract or Amendments to the Construction Contract. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. j• Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. 3. Conflict of Interest Questionnaire - Bidder agrees to comply with Chapter 176 of the Texas Local Government Code which requires a person who enters or seeks to enter into a contract with the City of Corpus Christi to file a Conflict of Interest Questionnaire Form (Form CIQ) with the City of Corpus Christi City Secretary's Office, if the Bidder has certain business and/or family relationships with officers of the City of Corpus Christi or has given any gifts exceeding $100 in the aggregate to an officer or a family member of an officer. For more Page 5 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at: www.cctexas.com/departments/city-secretary/conflict-disclosure 4. Disclosure of Interest - the City of Corpus Christi's Code of Ordinances, Section 2-349, as amended, requires all persons and Bidders seeking to do business with the City to provide the Disclosure of Interest information on the City -supplied form included herewith. Every question must be answered. If the question is not applicable, answer with N/A. Bidders are obligated to provide updated information concerning the Disclosure of Interest, as warranted, for the duration of time the bids are under consideration. 5. Business Designation Form - Bidder shall complete, sign and submit the Business Designation Form in the Forms Section. The information requested is for statistical reporting purposes only. Business Designation Form must include the full legal name of the Bidder's entity. If the name provided is a dba, the Bidder must provide a valid dba certificate. 6. Contractor's Ethical Behavior Form - By submission of its bid, the Bidder promises that Bidder's officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Bidder's bid submitted in response to this RFB, directly or indirectly, through any contact with City Council members or other City officials between the date this RFB is released to the public and the date a Contract is executed by the City Manager or designee, except that Bidder may speak at public comment during open session of a City Council meeting. Such behavior will be cause for rejection of the Bidder's bid at the discretion of the City Manager or designee. 7. Bid Form - Failure to provide a signed Bid Form with the Bid shall be cause to reject any Bid as non-responsive. 2.4 Requirements for Selected Bidder: A. Form 1295 "Certificate of Interested Parties" (to be submitted if chosen for award) - Bidders must comply with Government Code Section 2252.908 and submit Form 1295 "Certificate of Interested Parties" upon notification that Bidder has been recommended for award. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: 1. Persons with a "controlling interest" in the entity, which includes: Page 6 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or 2. A person who acts as an intermediary and who actively participates in facilitating a contract or negotiating the contract with a governmental entity or state agency, including a broker, adviser, attorney or representative of or agent for the business entity who has a controlling interest or intermediary for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. A sample copy of Form 1295 has been provided for reference only. B. Insurance/Payment and Performance Bonds - After award of the contract insurance certificates along with applicable Payment and Performance bonds will be required to be submitted for approval before work can begin on the project. Insurance must comply with the Insurance Requirements outlined in this RFB. Bonds must comply with Texas Government Code 2253 and be in the form approved by the City Attorney. 2.5 Submission of Bid A. BIDDER SHALL SUBMIT ITS BID, AS INSTRUCTED HEREIN. All bids must be complete and accurate and in the City -approved format specified herein. B. BIDDER SHOULD SUBMIT ITS BID EITHER ELECTRONICALLY OR IN HARD -COPY, AS INSTRUCTED IN THE RFB. IF SUBMITTING ELECTRONICALLY SUBMIT VIA CIVCAST AT: (www.civcastusa.com) C. The City's Procurement Policy requires that all bids submitted be sealed, secret, unopened through the DUE DATE FOR BIDS specified in this RFB. Page 7 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Therefore, bids submitted directly to the City by facsimile machine, or e- mail will be considered non-responsive and will be eliminated from consideration. D. Bids must be received, on or before the date and time specified in this RFB. Without exception, bids received after this deadline are late, and shall be deemed non-responsive and will not be considered. The City's Contracts and Procurement Department's physical and electronic time stamps will govern the cutoff time for accepting bids. E. Bids should not include taxes as the City is tax exempt. The City's Tax Exemption Certificate will be provided upon request. F. Should there be any shipping involved in this bid, shipping shall be F.O.B. destination and included in the pricing unless specifically listed as a bid item. G. Any time stated in this RFB as a number of days shall be construed as calendar days. H. If the bid indicates "or equal", bid as specified in the RFB documents unless alternate products have been approved by the City in writing via Addendum. I. Bids submitted on other than the City's forms or with different terms and conditions not specifically approved during the RFB process will be considered nonresponsive. J. Both hard copy and electronic bids will be publicly opened and read aloud immediately following the date, time and place bids are due. Due to concerns related to the current Covid-19 virus the public bid opening is revised from an in-person meeting to a Webex meeting only with instructions to participate as follows: Type Webex.com in your browser window When the Webex site comes up, press "Join" in the upper right of the screen Input meeting Number: 269 288 997 Input meeting password: RHnXHWtq842 To join the audio select join from your computer or use one of the selected call in numbers shown on the Webex portal after you logged in. The Bid Opening date has been changed to: Wednesday, April 22, 2020 at 2:00 p.m. Page 8 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 2.6 Evaluation Factors The City will award a contract to the Lowest Responsive, Responsible Bidder. In determining the Lowest Responsive, Responsible Bidder, the City may take into consideration the quality of the product, the adaptability to the particular use required, and the ability, capacity, experience, efficiency and integrity of the bidders as well as their financial responsibility in accordance with the Statement of Experience. Bidders shall comply with the additional detailed instructions regarding submission of bids found in this RFB. 2.7 Bid Acknowledgments A. By submitting a Bid, Bidder makes the following acknowledgments: 1. Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2. Bidder accepts all the terms and conditions of the bid documents, including those dealing with required Bonds. The Bid will remain subject to acceptance for the period of time listed in the bid documents. 3. Bidder acknowledges that Owner, at its discretion, will correct mathematical errors contained in the Bid and will conform bid items in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 4. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 5. Bidder acknowledges receipt of all addenda. 6. Bidder acknowledges that the Bidder selected for award of the Contract will be the Lowest Responsible Bidder that submits a responsive Bid. Owner Page 9 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA will, at its discretion, award the contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. a. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. B. By submitting a Bid, Bidder makes the following representations: 1. The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 4. The Bidder has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: a. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; b. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; c. Underground Facilities referenced in reports and drawings; d. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and Technical Data related to each of these reports and drawings. 5. The Bidder has considered the: a. Information known to Bidder; b. Information commonly known to contractors doing business in the locality of the Site; c. Information and observations obtained from visits to the Site; and d. The Contract Documents. 6. Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in Page 10 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA accordance with the other terms and conditions of the Contract Documents. 7. The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents with respect to the effect of such information, observations, and documents on: a. The cost, progress, and performance of the Work; b. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and c. Bidder's safety precautions and programs. 9. The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 12. Bidder will complete the Work in accordance with the Contract Documents at the prices shown in the BID FORM. a. Extended amounts have been computed in accordance with Paragraph 15.03 of SECTION 00 72 00 GENERAL CONDITIONS. b. Unit Price and figures column will be used to compute the actual Bid price, plus any combination of Add or Deduct Alternates. c. Bidder will complete the Work required to be substantially completed within the time period provided in the Construction Contract. Bidder will complete the Work required for final payment in accordance with Page 11 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Paragraph 17.16 of SECTION 00 72 00 GENERAL CONDITIONS within the time period provided in the Construction Contract. Page 12 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Section 3 - Conditions Governing the Procurement 3.1 RFB Procedural and Content Questions A. Any Bidder requiring further clarification of the RFB procedures should submit specific requests for clarification to the Procurement Officer as described in this RFB. B. During a review of this RFB and preparation of the bid, certain errors, omissions or ambiguities may be discovered. If so, or if there are doubts or concerns about the meaning of any part of this RFB, questions should be submitted to the Procurement Officer as described in this RFB. C. Addenda will be issued to address the questions and answers along with any changes to the documents as a result of these clarifications. 3.2 Basis for Bid Only the information contained in this RFB, questions and answers, addenda hereto and information supplied by the City in writing through the Procurement Officer should be used in the preparation of the bid. 3.3 Terms and Conditions With its bid, the Bidder is committing to the terms and conditions as outlined in the Construction Contract. Any concerns over the terms and conditions must be resolved during the procurement stage through the Request for Clarification (question and answer) process. 3.4 Signing of Bids A. By submitting and signing a bid, the Bidder indicates its intention to adhere to the provisions described in this RFB. Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. Page 13 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA B. Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code § 1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. C. Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. D. Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. 3.5 Cost of Bids This RFB does not commit the City to pay any costs incurred by a Bidder for preparation and submission of a bid or for procuring or contracting for the items to be furnished under this RFB. All costs directly or indirectly related to preparing and responding to this RFB, including all costs incurred for supplementary documentation, shall be borne solely by the Bidder. 3.6 Ownership of Bids All documents submitted in response to this RFB shall become the property of the City. 3.7 Disqualification or Rejection of Bids Bidders may be disqualified and or have their bid rejected for any of the following reasons: 1. There is reason to believe that collusion exists among the Bidders; 2. The Bidder is involved in any litigation against the City; 3. The Bidder is in arrears on an existing contract or has defaulted on previous contracts with the City; 4. The Bidder lacks financial stability; Page 14 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 5. The Bidder has failed to perform under previous or existing contracts with the City; 6. The Bidder has failed to use the City's approved forms; 7. The Bidder has failed to adhere to one or more of the provisions established in this RFB; 8. The Bidder has failed to submit its bid in the format specified herein; 9. The Bidder has failed to submit its bid before the deadline established herein; 10. The Bidder has failed to adhere to generally accepted ethical and professional principles during the bid process; 11. The Bidder has failed to provide a detailed cost summary in the bid if required; 12. The Bid Form is not included or not signed by an individual empowered to bind the Bidder; 13. Failure to provide adequate Bid Security; 14. More than one Bid for the same Work form an individual, firm, partnership or corporation; 15. Failure to have an authorized agent of the Bidder attend the mandatory Pre -Bid Conference, if applicable; 16. Bids received from a Bidder who has been debarred or suspended by the City; 17. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies; 18. Bids received from a Bidder identified on a list prepared and maintained by the Texas Comptroller under Chapter 2252 of the Texas Government Code; 19. Failure to submit the Statement of Experience; 20. Failure to acknowledge receipt of Addenda; 21. Bidder's Safety Experience; or 22. Evidence of Bidder's lack of capacity to perform the Work. 3.8 Right to Waive Irregularities Bids shall be considered "irregular" if they show any omissions, alterations of form, additions or conditions not called for, unauthorized alternate bids or irregularities of any kind. The Procurement Officer reserves the right to waive minor irregularities and mandatory requirements. This right may be exercised at the sole discretion of the Procurement Officer. Page 15 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 3.9 Withdrawal of Bids Bids may be withdrawn by the Bidder prior to the exact hour and DUE DATE FOR BIDS. 3.10 Amending of Bids A Bidder may amend a bid prior to the exact hour and DUE DATE FOR BIDS. 3.11 Bid Offer Firm By submission of its bid, the Bidder affirms that its bid is firm for 90 days after the DUE DATE FOR BIDS and if awarded a contract the bid then remains firm for the duration of the contract. 3.12 Bidder's Qualifications The City may make such investigations as necessary to determine the ability of the Bidder to adhere to the requirements specified herein. The Procurement Officer may reject the bid of any Bidder who is not considered to be a responsible Bidder. 3.13 Exceptions to RFB Specifications Although the specifications in the following sections represent the City's anticipated needs, there may be instances in which it is in the City's best interest to permit exceptions to specifications and evaluate alternatives. If the RFB specifically allows exceptions or alternates, it is vital that the Bidder make very clear where exceptions are taken to the specifications and how the Bidder will provide alternatives. Therefore, when allowed, exceptions, conditions or qualifications to the provisions of the City's specifications must be clearly identified as such, together with reasons for taking exception and submitted as a request for clarification during the bid process. If the Bidder does not make clear that an exception is being taken, the City will assume the Bidder is, in its bid, responding to and will meet the specifications and requirements of this RFB. 3.14 Consideration of Bids Discussions may be conducted with responsible Bidders qualified to be selected for award for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Until award of the Contract is made by the City, the City reserves the right to reject any or all bids, to waive technicalities, to re -advertise for new bids or to proceed with the work in any manner as may be considered in the best interest of the City. Should the City require clarification from the bidder, the City shall contact the individual named as the organization's contact person in Bid Form. The City may elect to conduct post -submission reference checks. 3.15 City's Reservation of Rights The City reserves the right to: Page 16of24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 1. cancel this RFB at any time; 2. reject any or all bids submitted in response to this RFB; 3. waive any material defect, irregularity or informality in any bid or bidding procedure; 4. reissue the RFB; 5. extend the bid opening time and date or any other timelines outlined by the RFB; and procure any item by other means. 3.16 No Obligation In no manner does this RFB obligate the City or any of its agencies to the eventual services offered until confirmed by an executed written Contract. 3.17 Sufficient Appropriation Any Contract awarded as a result of this RFB process may be terminated if sufficient appropriations or authorizations do not exist. The City's decision as to whether sufficient appropriations and authorizations are available shall be accepted by the Bidder as final. 3.18 Recommendation for Award City staff will recommend to the City Manager that award be made to the Bidder(s) whose bid is determined by the City to be the lowest, responsive, responsible bid for the City. To determine responsibility, the City may consider items such as: 1. ability, capacity, experience, efficiency and integrity of the Bidder; 2. Bidder's financial responsibility; 3. Bidder's past performance or relationship with the City or with other entities; 4. Bidder's safety record; or 5. whether a Bidder is in pending litigation or is involved in a lawsuit or claim against the City 3.19 Construction Contract A copy of the Construction Contract form is attached hereto. The successful Bidder will be required to sign such Construction Contract if selected for award. The City will conform the Contract to changes made during the solicitation process prior to final execution of the Contract. 3.20 Execution of Contract The City Manager shall award or make recommendation of award to City Council of the Contract to the successful Bidder(s) and will designate the successful Bidder(s) ("Contractor") as the City's Provider(s). The City will require the Contractor(s) to sign the documents necessary to enter into the required Contract with the City and to provide the required bonds and the necessary Page 17 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA evidence of insurance as required in the Contract documents. No Contract for this project may be signed by the City without the authorization of the City Manager and/or City Council, and no Contract shall be binding on the City unless and until it has been approved as to form by the City Attorney's Office and executed by the City Manager or designee. 3.21 Disputes In the case of any doubt or difference of opinion with regard to the items to be furnished by a Bidder or the interpretation of the provisions of this RFB, the decisions of the City shall be final and binding upon all parties. 3.22 Contract Term The contract will commence on execution of the Contract by the City and the issuance of a notice to proceed. 3.23 Contractor's Ethical Behavior By submission of its bid, the Bidder promises that Bidder's officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Bidder's bid submitted in response to this RFB, directly or indirectly, through any contact with City Council members or other City officials between the date this RFB is released to the public and the date a Contract is executed by the City Manager or designee, except that the Bidder may speak at public comment in open session of a City Council meeting. Such behavior will be cause for rejection of the Bidder's bid at the discretion of the City Manager or designee. 3.24 Use of Subcontractors The Bidder may use subcontractors in connection with the work performed if awarded a Contract. When using subcontractors, however, the Bidder must comply with the terms of the Construction Contract.. In using subcontractors, the Bidder is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Bidder. All requirements set forth as part of the Contract are applicable to all subcontractors and their employees to the same extent as if the Bidder and its employees had performed the services. 3.25 Protest Procedure A. These procurement protest procedures are applicable to procurement of goods or services by the City of Corpus Christi including where federal funds are used in whole or in part. These protest procedures are also made applicable to recipients awarded a grant of federal funds through the city of Corpus Christi who intend to provide such funds to sub recipients pursuant Page 18 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA to an approved plan, project or activity. This protest process does not create any due process rights, but is intended to allow bidders/proposers to raise concerns regarding actions taken pertaining to a bid or other form of competitive solicitation. B. The City's Contracts and Procurement Department has the authority to settle or resolve any claim of an alleged deficiency or protest. The procedures for notifying the City of Corpus Christi of an alleged deficiency or filing a protest are listed below. If you fail to comply with any of these requirements, the Procurement Officer may dismiss your complaint or protest. C. GROUNDS FOR PROTEST Only protests alleging an issue concerning the following subjects will be considered: 1. Violation of local, state or federal regulation. 2. Issues with the solicitation document that creates an unfair advantage or unleveled playing field. 3. Errors in computing the tabulation or evaluation of a bid or proposal. 4. Discrepancies with material differences or quality of items or services D. PROTEST PROCESS 1. Prior to Bid/Proposal Due Date: If you are a prospective Bidder/Proposer and you become aware of the facts regarding what you believe is a deficiency in the solicitation or solicitation process before the Due Date for receipt of bids/proposals, you must notify the City in writing of the alleged deficiency no later than five days before the Due Date for bids/proposals, giving the City an opportunity to resolve the situation prior to the bid/proposal Due Date. 2. After Bid/Proposal Due Date: If you submit a bid/proposal to the City and you believe that there has been a deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation process or the recommended award as follows: a. You must file written notice of your intent to protest within five calendar days of the date that you know or should have known of the facts relating to the protest. If you do not file a written notice of Page 19 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA intent within this time, you have waived all rights to protest the solicitation process or the award. b. You must file your written protest within seven calendar days of the date that you notified the City of your intent to protest. c. You must submit your protest in writing and must include the following information: i. your name, address, telephone, and fax number; and ii. the solicitation number; and iii. a detailed statement of the factual grounds for the protest, including copies of any relevant documents; and iv. signature of the protestor and its representative and evidence of authority to sign; and v. the form of relief requested. d. Your protest must be concise and presented logically and factually to help with the City's review. e. When the City receives a timely written protest, the Procurement Officer will determine whether the grounds for your protest are sufficient. If the Procurement Officer decides that the grounds are sufficient, the Contracts and Procurement Office will schedule a protest hearing, usually within five (5) working days. If the Procurement Officer determines that your grounds are insufficient, the City will notify you of that decision in writing. 3. Informal Protest Hearing - The protest hearing is informal and is not subject to the Open Meetings Act. The purpose of the hearing is to give you a chance to present your case, it is not an adversarial proceeding. Those who may attend from the City are: representatives from the department that requested the purchase, the Legal Department, the Contracts and Procurement Department, and other appropriate City staff. You may bring a representative or anyone else that will present information to support the factual grounds for your protest with you to the hearing. 4. Protest Decision - A written decision will usually be made within 15 calendar days after the hearing. The City will send you a copy of the Page 20 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA hearing decision after the appropriate City staff has reviewed the decision. City staff will inform the Bidder of the date on which the Construction Contract is set to go to City Council for award. 5. Exceptions; Restrictions - When a protest is filed, the City usually will not make an award until a decision on the protest is made. However, the City will not delay an award if the City Manager or the Procurement Officer determines that: a. the City urgently requires the supplies or services to be purchased, or b. failure to make an award promptly will unduly delay delivery or performance. In those instances, the City will notify you and make every effort to resolve your protest before the award. 6. Federal Agency Review - If applicable, every protestor must exhaust all administrative remedies with the City of Corpus Christi as are provided in this Protest Procedure before pursuing a protest to the appropriate federal agency. Reviews of protests by the federal agency are limited to: a. violations of federal law or regulations and the standards set out in the relevant regulations (44 CFR § 13.36.10, 24 CFR § 85.36(b)(12), 24 CFR § 84.41 oras otherwise may be applicable); and b. violations of the City's Protest Procedures for failure to review a complaint or protest. Any protests received by the federal agency other than those specified above will be referred to the City for handling and resolution. 3.26 Insurance Requirements Insurance requirements will be as outlined in the Construction Contract. Page 21 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Section 4 - Scope of Work 4.1 General Requirements/Background Information The Contractor shall provide construction of street improvements including pavement, sidewalks, curb and gutter, curb ramp and driveways and all additional work associated with this project. 4.2 Scope of Work The project scope includes one (1) bid set with a total of five (5) contracts which consist of pavement reconstruction and pavement rehabilitation for a total of fifty- nine (59) residential streets in various locations throughout Corpus Christi. Sidewalk, curb and gutter, curb ramp, and driveway improvements will be included in addition to pavement improvements. The Project will be coordinated and approved by the City of Corpus Christi. If necessary, changes may be made to the street locations (e.g. adding or removing streets) in order to satisfy the overall budget. The purpose of this package is to establish unit rates for Base Bid A, Base Bid B, Base Bid C, Base Bid D, and Base Bid E - which are five (5) separate contracts. The Contractor may opt to bid on only 1 contract or multiple contracts. To be awarded multiple contracts the contractor must demonstrate that they have the capacity to work on multiple contracts simultaneously. Base Bid A - includes residential street pavement reconstruction for various locations throughout Corpus Christi. This contract consists of approximately 11,665 linear feet of pavement reconstruction. Sidewalk, curb and gutter, curb ramp, and driveway improvements will be included in addition to pavement reconstruction. The intention of this contract is to include reconstruction streets; however, streets designated for pavement reconstruction are subject to change to pavement rehabilitation based on the Geotechnical Report which has not been received at the time of this submittal. Base Bid B - includes residential street pavement reconstruction for various locations throughout Corpus Christi. This contract consists of approximately 11,575 linear feet of pavement reconstruction. Sidewalk, curb and gutter, curb ramp, and driveway improvements will be included in addition to pavement reconstruction. The intention of this contract is to include reconstruction streets; however, streets designated for pavement reconstruction are subject to change to pavement rehabilitation based on the Geotechnical Report which has not been received at the time of this submittal. Page 22 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Base Bid C - includes residential street pavement reconstruction and pavement rehabilitation for various locations throughout Corpus Christi. This contract consists of approximately 19,605 total linear feet (LF) - 9,440 LF designated for pavement reconstruction and 10,165 LF designated for pavement rehabilitation. Sidewalk, curb and gutter, curb ramp, and driveway improvements will be included in addition to pavement reconstruction/rehabilitation. Streets designated for pavement rehabilitation are subject to change to pavement reconstruction, and streets designated for pavement reconstruction are subject to change to pavement rehabilitation; this will be based on the Geotechnical Report which has not been received at the time of this submittal. Base Bid D - includes residential street pavement rehabilitation for various locations throughout Corpus Christi. This contract consists of approximately 9,885 linear feet of pavement rehabilitation. Sidewalk, curb and gutter, curb ramp, and driveway improvements will be included in addition to pavement rehabilitation. Streets designated for pavement rehabilitation are subject to change to pavement reconstruction based on the Geotechnical Report which has not been received at the time of this submittal. Base Bid E - includes residential street pavement rehabilitation for various locations throughout Corpus Christi. This contract consists of approximately 9,105 linear feet of pavement rehabilitation. Sidewalk, curb and gutter, curb ramp, and driveway improvements will be included in addition to pavement rehabilitation. Streets designated for pavement rehabilitation are subject to change to pavement reconstruction based on the Geotechnical Report which has not been received at the time of this submittal. 4.3 Work Site and Conditions The work shall be performed in multiple locations in Corpus Christi, Nueces County, Texas as described in the attached plans and specifications. Regular working hours are between sun -up and sun -down unless other times are specifically authorized in writing by City. 4.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Management Program as per the Plans and Specifications. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 23 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Section 5 - Bid Forms The Bid must consist of the following items that are to be returned by the due date specified: 1) Bid Form - Bidder is to provide on the attached Bid Form a cost per unit for each line item associated with the construction of the this street project. 2) Statement of Experience 3) Disclosure of Interest Form 4) Business Designation Form 5) Ethical Behavior Form 6) Bid Security Please refer to the "Instructions to Bidders" for more specific requirements for putting your bid together. Please note that all forms must be completed and signed. Any erasures or other changes must be initialed by the person signing the bid. In the case of a discrepancy between the unit price and total price, the unit price will be presumed to be correct and totals recalculated accordingly. Only one bid will be allowed per firm/company. Bidders should submit either electronically or hard copy as outlined in this RFB, but not both. In the event of receipt of both hard copy and electronic bids by the same company, the City will reject the bid submitted electronically. Page 24 of 24 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA BID FORM PLACED HERE (PDF) Delete this page prior to conversion to PDF document. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA CITY OF CORPUS CHRISTI STATEMENT OF EXPERIENCE RFB No. 2998 RESIDENTIAL STREET REBUILD PROGRAM YEAR 2019 - PROJECT NO. 18164A 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 1 - REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered responsive, the Bidder must complete and submit the Statement of Experience to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no earlier than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA ARTICLE 2 - EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience, education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 nears of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at (east 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non -responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3- SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code, the Owner will consider the safety record of the Bidder prior to awarding DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information, the following terms shall have the following meanings: 1. "Bidder" includes the firm, corporation, partnership, or other legal entity represented by the Bidder or anyone acting for such firm, corporation, partnership, or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations, fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders, final orders, and judicial final judgments. Notice of Violations and Notice of Enforcement received from the TCEQ shall include those classified as major violations and moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code, Chapter 60.2 (c) (1) and (2). 3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmental Quality (the "TCEQ"), the United States Environmental Protection Agency (the "EPA"), the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Texas Department of State Health Services, the Texas Parks and Wildlife Department, the Structural Pest Control Service, agencies of local governments responsible for enforcing environmental protection laws or regulations, and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder, the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder for serious violations of Occupational Safety and Health Administration ("OSHA") regulations within the past five (5) years. 2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation or for which final orders have been DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA entered from an environmental protection agency for violations within the past five (5) years. 4. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death, within the past ten (10) years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder. The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4 - PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE, AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE -PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE 5. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA TABLE 1 - ORGANIZATION INFORMATION Organization doing business as: Business Address of Principal Office Telephone Website Form of Business (check one) • Corporation • Partnership • Individual If a Corporation State of Incorporation Date of Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: • General • Limited If an Individual Name Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 1 - Organization Information Organization doing business as: Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience - Answer all question Yes or No. Has Bidder or a predecessor organization been debarred within the last 10 years? List debarring entities below and provide full details in a separate attachment if yes. NO YES Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO YES Has Bidder or a predecessor organization been released from a bid or proposal years? List Projects below and provide full details in a separate attachment if YES in the past 10 yes. NO Has work NO Bidder or a predecessor organization ever defaulted on a project or failed awarded to it? List Projects below and provide full details in a separate attachment YES to complete any if yes. Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO YES DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. NO YES Table 2 - Project Information Organization doing business as: Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Superintendent Safety Manager Quality Control Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Work Estimated Percentage of Contract Price DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 3 - Projects Awarded during the Last 5 Years Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Issues/Claims/ Litigation: Table 3 - Projects Awarded during the Last 5 Years - Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 3 - Projects Awarded during the Last 5 Years - Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 4 - Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Bidder's Safety Record and Experience Has Citations if yes. violation the Bidder received any Citations for violations of OSHA within the past five below (date and location of Citation) and provide full details in a separate The full details must include the type of violation or offense, the final or offense, if any, and the penalty assessed. NO YES (5) years? List attachment disposition of the Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. NO YES Has the Bidder, within the past ten (10) years, been convicted of a criminal offense to a judgment for a negligent act or omission, which resulted in serious bodily injury convictions or judgments below and provide full details in a separate attachment YES or been subject or death? List if yes. NO The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder. The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? ❑ Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? ❑ Yes ❑ No 3 Does the Bidder have an active construction safety training program? ❑ Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No ❑ N/A B. Excavation ❑ Yes ❑ No ❑ N/A C. Cranes & Hoists ❑ Yes ❑ No ❑ N/A D. Electrical 0 Yes 0 No 0 N/A DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 4 - Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: E. Fall Protection ❑ Yes ❑ No ❑ N/A F. Confined Spaces ❑ Yes ❑ No ❑ N/A G. Material Handling ❑ Yes ❑ No ❑ N/A H. Demolition ❑ Yes ❑ No ❑ N/A I. Steel Erection ❑ Yes ❑ No ❑ N/A J. Underground Construction ❑ Yes ❑ No ❑ N/A 5 Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System ("NAICS") Category 23 for each of the past five (5) years? Provide the Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. ❑ Yes ❑ No 6 Does the Bidder have an experience modifier rate of 1.0 or less? Provide the Bidder's NCCI workers' compensation experience rating sheets for the past five (5) years in a separate attachment. ❑ Yes ❑ No 7 Has the Bidder had any OSHA inspections within the past six (6) months? Provide documentation showing the nature of the inspection, the findings, and the magnitude of the issues in a separate attachment if yes. ❑ Yes ❑ No DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 5 - Demonstrated Minority, MBE, DBE Participation Organization doing business as Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated of Contract Price DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Bidder: By: Name: Title: CERTIFICATION By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. (typed or printed) (individual's signature) (typed or printed) Designated Representative: Name: Title: Address: Telephone No.: (typed or printed) Email: END OF SECTION DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST RFB No. 2998 RESIDENTIAL STREET REBUILD PROGRAM YEAR 2019 - PROJECT NO. 18164A Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: P. O. BOX: CITY: FIRM IS: 1. Corporation 4. Association STREET ADDRESS: STATE: ZIP: 2. Partnership 5.Other 3.Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: Signature of Certifying Person: Date: DEFINITIONS DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BUSINESS DESIGNATION FORM RFB No. 2998 RESIDENTIAL STREET REBUILD PROGRAM YEAR 2019 - PROJECT NO. 18164A ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: ❑ YES ❑ NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK ❑ HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN Please visit the following website for information on becoming a Texas Certified HUB: http://www.window.state.tx.us/procurement/prog/hub/ ❑ YES ❑ NO - LOCAL SMALL BUSINESS (LSB) A for-profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas ❑ YES ❑ NO OTHER (PLEASE SPECIFY): ❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Firm Name: Telephone: Address: Fax: City: State: Zip: E-mail: Signature of Person Authorized to Sign Form Signer's Name: (Please print or type) Date: Title: Ext. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA SAMPLE FORM 1295 TO BE COMPLETED ONLINE AS INSTRUCTED AND PROVIDED IF SELECTED FOR AWARD CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1 - 4 and 6 if there are interested parties_ Complete Nos. 1, 2. 3, 5. anti 6 if there are no interested parties_ OFFIDE USE WILY +0.,,,,:cz4 SV 44 t 2 dentify tie contract, e contract. 1 Name of business entity filing farm, and the c ly, slate and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed.401 2 Provide the identification number used by the governmental entity or state agency to and provide a description of the services, goods. or other property to be provided 11I Name of interestied Party City CONature of Interest (check applicab6e� place of business)Con4rollr + +/ rig Intermediary ej + NO t,E fib S ❑ Gheok only if there . nterl«steli Party, a UNSWORN DEfi N My nails lE . and my diad al' tenni W it'. atldre it , ifitleel¢ 014)} [ code: !ocxulRyl ,i4Pid psitally or Fsrlu'Y =I The foregoing is tie mild ilia +c=.:-lle] 1 Celerity, Sty o r , Din the day of 2l7 (irony) UIQ} Sgiatre or authrilaed agent Dr contrac1ng liminess r Uty oedarant¢ ADO ADDITIONAL PAGES AS NECESSARY Farr provided byleiae E!nlcs Crx+nmssien wiw�. e1n Ics.stal e. tx . e� Revised 12=117 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA CITY OF CORPUS CHRISTI Ethical Behavior Form RFB No. 2998 RESIDENTIAL STREET REBUILD PROGRAM YEAR 2019 - PROJECT NO. 18164A By submission of its bid, the Bidder promises that Bidder's officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Bidder's proposal submitted in response to this RFB, directly or indirectly, through any contact with City Council members or other City officials between the date this RFB is released to the public and the date a Contract is executed by the City Manager or designee. Such behavior will be cause for rejection of the Bidder's bid at the discretion of the City Manager or designee. Indicate your written assurance that your Firm's officers, employees, or agents will not attempt to lobby or influence a vote or recommendation related to the Firm's RFB response. I, confirms no officers, employees, and/or agents will attempt to lobby or influence a vote or recommendation related to the Firm's RFB response; directly or indirectly, through any contact with the City Council Members or other City officials between the RFB submission date and award by the City Council. Name: Signature: Company: Title: Date: DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Section 6 - Construction Contract Documents (Including Plans and Specifications) CITY OF CORPUS CHRISTI RFB No. 2998 RESIDENTIAL STREET REBUILD PROGRAM YEAR 2019 - PROJECT NO. 18164A DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA CONTRACT DOCUMENTS FOR CONSTRUCTION OF RESIDENTIAL STREET REBUILD PROGRAM Year 2019 PROJECT NUMBER 18164A HANSON Engineering I Planning I Allied Services Hanson Professional Services Inc. 4501 Gollihar Rd, Corpus Christi, TX 78411 Phone: 361-814-9900 TX Firm No. F-417 Record Drawing Number: STR 967 CONFORMANCE SET ASSEMBLED 04/28/2020 March 2, 2020 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 00 01 00 TABLE OF CONTENTS Division / Section Title Division 00 Contracting Requirements 00 52 23 Agreement (Rev8-2019) 00 72 00 General Conditions (Rev8-2019) 00 73 00 Supplementary Conditions (Revs -2019) Division 01 General Requirements 01 11 00 Summary of Work (Rev10-2018) 01 23 10 Alternates and Allowances (Rev10-2018) 01 29 01 Measurement and Basis for Payment (Rev8-2019) 01 33 01 Submittal Register (Rev10-2018) 01 35 00 Special Procedures (Rev10-2018) 01 50 00 Temporary Facilities and Controls (Rev8-2019) 01 57 00 Temporary Controls (Rev8-2o19) Part S Standard Specifications 02 10 20 Site Clearing & Stripping 02 10 40 Site Grading 02 10 80 Removing Abandoned Structures 02 20 20 Excavation & Backfill for Utilities 02 20 21 Control of Ground Water 02 20 22 Trench Safety for Excavations 02 20 40 Street Excavation 02 20 80 Embankment 02 21 00 Select Material 02 24 20 Silt Fence 02 52 02 Scarifying and Reshaping Base Course 02 52 05 Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement 02 52 08 Soil — Cement Base (5 — 17) 02 52 10 Lime Stabilization 02 52 23 Crushed Limestone Flexible Base Table of Contents Residential Street Rebuild Program Year 2019, Project No. 18164A ADDENDUM NO. 1 ATTACHMENT NO. 2 SHEET 1 OF 3 00 01 00 - 1 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table of Contents Residential Street Rebuild Program Year 2019, Project No. 18164A ADDENDUM NO. 1 ATTACHMENT NO. 2 SHEET 2 OF 3 000100-2 Rev 8/2019 Division / Section Title 02 54 04 Asphalts, Oils, & Emulsions 02 54 12 Prime Coat 02 54 14 Aggregate for Surface Treatment 02 54 18 Surface Treatment 02 54 24 Hot Mix Asphalt Concrete Pavement 02 56 08 Inlets 02 56 10 Concrete Curb & Gutter 02 56 12 Concrete Sidewalk & Driveways 02 56 14 Concrete Curb Ramps 02 56 20 Portland Cement Concrete Pavement 02 58 02 Temporary Traffic Controls During Construction 02 58 07 Pavement Markings (Paint and Thermoplastic) 02 58 13 Preformed Thermoplastic Striping, Words & Emblems 02 58 16 Raised Pavement Markers 02 58 18 Reference Specification — TX DOT DMS -4200 Pavement Markers (Reflectorized) 02 58 28 Reference Specification — TX DOT DMS -6130 Bituminous Adhesive for Pavement Markers 02 62 01 Waterline Riser Assemblies 02 62 02 Hydrostatic Testing of Pressure Systems 02 62 06 Ductile Iron Pipe & Fittings 02 62 10 Polyvinyl Chloride Pipe (AWWA C900 and C905 Pressure Pipe for Municipal Water Mains and Wastewater Force Mains) 02 62 14 Grouting Abandoned Utility Lines 02 64 02 Waterlines 02 64 04 Water Service Lines 02 64 09 Tapping Sleeves & Tapping Valves 02 64 11 Gate Valves for Waterlines 02 64 16 Fire Hydrants 02 72 02 Manholes 02 74 02 Reinforced Concrete Pipe Culverts 02 76 11 Cleaning and Televised Inspection of Conduits 02 80 40 Sodding 02 82 00 Mailbox Relocation 02 83 00 Fence Relocation 03 00 20 Portland Cement Concrete Table of Contents Residential Street Rebuild Program Year 2019, Project No. 18164A ADDENDUM NO. 1 ATTACHMENT NO. 2 SHEET 2 OF 3 000100-2 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Division / Section Title 03 20 20 Reinforcing Steel 03 70 40 Epoxy Compounds (S-44) 03 80 00 Concrete Structures 05 54 20 Frames, Grates, Rings, & Covers Part T Technical Specifications City Specification for Traffic Sign Blanks Appendix Title END OF SECTION Table of Contents Residential Street Rebuild Program Year 2019, Project No. 18164A ADDENDUM NO. 1 ATTACHMENT NO. 2 SHEET 3 OF 3 000100-3 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 00 52 23 AGREEMENT This Agreement, for the Project awarded on , is between the City of Corpus Christi (Owner) and (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Residential Street Rebuild Program Year 2019 Project No. 18164A ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Christi, Texas 78411 GOrtiz@hanson-inc.com 2.02 The Owner's Authorized Representative for this Project is: ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 490 days for Base Bid A, 490 days for Base Bid B, 520 days for Base Bid C, 270 days for Base Bid D, and 270 days for Base Bid E after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 520 days for Base Bid A, 520 for Base Bid B, 550 days for Base Bid C, 300 days for Base Bid D, and 300 for Base Bid E after the date when the Contract Times commence to run. Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-1 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,125 for Base Bids A, B, and C and $970 for Base Bids D and E for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $375 for Base Bids A, B, and C and $324 for Base Bids D and E for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid A Price Total Base Bid B Price Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-2 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Total Base Bid C Price Total Base Bid D Price Total Base Bid E Price ARTICLE 5 — PAYMENT PROCEDURES $ 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-3 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-4 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-5 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney AUTHORIZED ATTEST (IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: Address City State Zip Phone Fax Email END OF SECTION Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-6 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 00 72 00 GENERAL CONDITIONS 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 Before Starting Construction 16 2.04 Preconstruction Conference; Designation of Authorized Representatives 16 Article 3 — Contract Documents: Intent, Requirements, Reuse 16 3.01 Intent 16 3.02 Reference Standards 17 3.03 Reporting and Resolving Discrepancies 18 3.04 Interpretation of the Contract Documents 19 3.05 Reuse of Documents 19 Article 4 — Commencement and Progress of the Work 19 4.01 Commencement of Contract Times; Notice to Proceed 19 4.02 Starting the Work 19 4.03 Progress Schedule 19 4.04 Delays in Contractor's Progress 20 Article 5 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 21 5.01 Availability of Lands 21 5.02 Use of Site and Other Areas 21 5.03 Subsurface and Physical Conditions 22 5.04 Differing Subsurface or Physical Conditions 23 5.05 Underground Facilities 24 5.06 Hazardous Environmental Conditions at Site 25 Article 6 — Bonds and Insurance 27 6.01 Performance, Payment, and Other Bonds 27 6.02 Licensed Sureties 28 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 1 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 6.03 Required Minimum Insurance Coverage 28 6.04 General Insurance Provisions 28 6.05 Contractor's Insurance 29 6.06 Property Insurance 32 6.07 Waiver of Rights 33 6.08 Owner's Insurance for Project 33 6.09 Acceptable Evidence of Insurance 34 6.10 Certificate of Insurance 34 6.11 Insurance Policies 34 6.12 Continuing Evidence of Coverage 34 6.13 Notices Regarding Insurance 34 6.14 Texas Workers' Compensation Insurance Required Notice 35 Article 7 — Contractor's Responsibilities 37 7.01 Supervision and Superintendence 37 7.02 Labor; Working Hours 37 7.03 Services, Materials, and Equipment 38 7.04 Concerning Subcontractors, Suppliers, and Others 38 7.05 Patent Fees and Royalties 39 7.06 Permits 40 7.07 Taxes 40 7.08 Laws and Regulations 40 7.09 Safety and Protection 41 7.10 Safety Representative 42 7.11 Hazard Communication Programs 42 7.12 Emergencies 42 7.13 Contractor's General Warranty and Guarantee 42 7.14 INDEMNIFICATION 43 7.15 Delegation of Professional Design Services 45 Article 8 — Other Work at the Site 45 8.01 Other Work 45 8.02 Coordination 46 8.03 Legal Relationships 46 Article 9 — Owner's and OPT's Responsibilities 47 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 2 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 9.01 Communications to Contractor 47 9.02 Replacement of Owner's Project Team Members 47 9.03 Furnish Data 47 9.04 Pay When Due 47 9.05 Lands and Easements; Reports and Tests 47 9.06 Insurance 48 9.07 Modifications 48 9.08 Inspections, Tests, and Approvals 48 9.09 Limitations on OPT's Responsibilities 48 9.10 Undisclosed Hazardous Environmental Condition 48 9.11 Compliance with Safety Program 48 Article 10 — OAR's and Designer's Status During Construction 48 10.01 Owner's Representative 48 10.02 Visits to Site 48 10.03 Resident Project Representatives 49 10.04 Rejecting Defective Work 49 10.05 Shop Drawings, Modifications and Payments 49 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work 49 10.07 Limitations on OAR's and Designer's Authority and Responsibilities 49 Article 11— Amending the Contract Documents; Changes in the Work 50 11.01 Amending and Supplementing the Contract Documents 50 11.02 Owner -Authorized Changes in the Work 51 11.03 Unauthorized Changes in the Work 51 11.04 Change of Contract Price 51 11.05 Change of Contract Times 52 11.06 Change Proposals 52 11.07 Execution of Change Orders 53 11.08 Notice to Surety 54 Article 12 — Change Management 54 12.01 Requests for Change Proposal 54 12.02 Change Proposals 54 12.03 Designer Will Evaluate Request for Modification 55 12.04 Equal Non Specified Products 56 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 3 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 12.05 Substitutions 56 Article 13 — Claims 57 13.01 Claims 57 13.02 Claims Process 57 Article 14— Prevailing Wage Rate Requirements 59 14.01 Payment of Prevailing Wage Rates 59 14.02 Records 59 14.03 Liability; Penalty; Criminal Offense 60 14.04 Prevailing Wage Rates 60 Article 15 — Cost of the Work; Allowances; Unit Price Work 60 15.01 Cost of the Work 60 15.02 Allowances 63 15.03 Unit Price Work 63 15.04 Contingencies 64 Article 16 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 65 16.01 Access to Work 65 16.02 Tests, Inspections and Approvals 65 16.03 Defective Work 65 16.04 Acceptance of Defective Work 66 16.05 Uncovering Work 66 16.06 Owner May Stop the Work 67 16.07 Owner May Correct Defective Work 67 Article 17 — Payments to Contractor; Set -Offs; Completion; Correction Period 68 17.01 Progress Payments 68 17.02 Application for Payment 70 17.03 Schedule of Values 72 17.04 Schedule of Anticipated Payments and Earned Value 73 17.05 Basis for Payments 73 17.06 Payment for Stored Materials and Equipment 73 17.07 Alternates and Allowances 74 17.08 Retainage and Set -Offs 74 17.09 Procedures for Submitting an Application for Payment 75 17.10 Responsibility of Owner's Authorized Representative 76 General Conditions Corpus Christi Standards - Regular Projects 007200-4 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 17.11 Contractor's Warranty of Title 77 17.12 Substantial Completion 77 17.13 Partial Utilization 77 17.14 Final Inspection 78 17.15 Final Application for Payment 78 17.16 Final Payment 78 17.17 Waiver of Claims 79 17.18 Correction Period 79 Article 18 - Suspension of Work and Termination 79 18.01 Owner May Suspend Work 79 18.02 Owner May Terminate for Cause 80 18.03 Owner May Terminate For Convenience 81 Article 19 - Project Management 81 19.01 Work Included 81 19.02 Quality Assurance 82 19.03 Document Submittal 82 19.04 Required Permits 82 19.05 Safety Requirements 82 19.06 Access to the Site 83 19.07 Contractor's Use of Site 83 19.08 Protection of Existing Structures and Utilities 83 19.09 Pre -Construction Exploratory Excavations 84 19.10 Disruption of Services/Continued Operations 85 19.11 Field Measurements 85 19.12 Reference Data and Control Points 85 19.13 Delivery and Storage 86 19.14 Cleaning During Construction 87 19.15 Maintenance of Roads, Driveways, and Access 87 19.16 Area Access and Traffic Control 88 19.17 Overhead Electrical Wires 88 19.18 Blasting 88 19.19 Archeological Requirements 88 19.20 Endangered Species Resources 89 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 5 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 19.21 Cooperation with Public Agencies 89 Article 20 — Project Coordination 89 20.01 Work Included 89 20.02 Document Submittal 89 20.03 Communication During Project 89 20.04 Project Meetings 90 20.05 Requests for Information 91 20.06 Decision and Action Item Log 92 20.07 Notification By Contractor 92 20.08 Record Documents 93 Article 21— Quality Management 95 21.01 Contractor's Responsibilities 95 21.02 Quality Management Activities by OPT 96 21.03 Contractor's Use of OPT's Test Reports 97 21.04 Documentation 97 21.05 Standards 98 21.06 Delivery and Storage 98 21.07 Verification Testing for Corrected Defects 98 21.08 Test Reports 98 21.09 Defective Work 99 21.10 Limitation of Authority of Testing Laboratory 99 21.11 Quality Control Plan 99 21.12 Implement Contractor's Quality Control Plan 101 Article 22 — Final Resolution of Disputes 102 22.01 Methods and Procedures 102 Article 23 — Minority/MBE/DBE Participation Policy 102 23.01 Policy 102 23.02 Definitions 102 23.03 Goals 104 23.04 Compliance 104 Article 24— Document Management 104 24.01 Work Included 104 24.02 Quality Assurance 104 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 6 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 24.03 Contractor's Responsibilities 104 24.04 Document Submittal 105 24.05 Document Numbering 106 24.06 Document Requirements 106 Article 25 — Shop Drawings 107 25.01 Work Included 107 25.02 Quality Assurance 107 25.03 Contractor's Responsibilities 108 25.04 Shop Drawing Requirements 109 25.05 Special Certifications and Reports 110 25.06 Warranties and Guarantees 110 25.07 Shop Drawing Submittal Procedures 110 25.08 Sample and Mockup Submittal Procedures 112 25.09 Requests for Deviation 113 25.10 Designer Responsibilities 113 25.11 Resubmission Requirements 115 Article 26 — Record Data 116 26.01 Work Included 116 26.02 Quality Assurance 117 26.03 Contractor's Responsibilities 117 26.04 Record Data Requirements 118 26.05 Special Certifications and Reports 118 26.06 Warranties and Guarantees 118 26.07 Record Data Submittal Procedures 118 26.08 Designer's Responsibilities 120 Article 27 — Construction Progress Schedule 121 27.01 Requirements 121 27.02 Document Submittal 121 27.03 Schedule Requirements 121 27.04 Schedule Revisions 123 27.05 Float Time 123 Article 28 — Video and Photographic documentation 123 28.01 Work Included 123 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 7 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 28.02 Quality Assurance 124 28.03 Document Submittal 124 28.04 Photographs 124 28.05 Video Recording 125 Article 29 - Execution and Closeout 125 29.01 Substantial Completion 125 29.02 Final Inspections 126 29.03 Reinspection Fees 126 29.04 Closeout Documents Submittal 126 29.05 Transfer of Utilities 127 29.06 Warranties, Bonds and Service Agreements 127 Article 30 - Miscellaneous 128 30.01 Computation of Times 128 30.02 Owner's Right to Audit Contractor's Records 128 30.03 Independent Contractor 129 30.04 Cumulative Remedies 129 30.05 Limitation of Damages 129 30.06 No Waiver 129 30.07 Severability 129 30.08 Survival of Obligations 129 30.09 No Third Party Beneficiaries 129 30.10 Assignment of Contract 130 30.11 No Waiver of Sovereign Immunity 130 30.12 Controlling Law 130 30.13 Conditions Precedent to Right to Sue 130 30.14 Waiver of Trial by Jury 130 30.15 Attorney Fees 130 30.16 Compliance with Laws 130 30.17 Enforcement 131 30.18 Subject to Appropriation 131 30.19 Contract Sum 131 30.20 Contractor's Guarantee as Additional Remedy 131 30.21 Notices. 131 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 8 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 9 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§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. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; General Conditions Corpus Christi Standards - Regular Projects 00 72 00-10 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-11 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 32. Laws and Regulations; Laws or Regulations -Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-12 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 45. Resident Project Representative or RPR -The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data -Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, General Conditions Corpus Christi Standards - Regular Projects 00 72 00-13 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-14 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide required Bonds with the executed Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 15 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 2.03 Before Starting Construction A. Provide the following preliminary documents in accordance with the Contract Documents within 10 days after the Effective Date of the Contract: 1. Progress Schedule, which must be a Critical Path Method (CPM) Schedule; 2. Schedule of Documents; and 3. Schedule of Values and projected cash flow information. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions, Supplementary Conditions, and General Requirements (Division 01 Sections of the Specifications) apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In offering a Bid for this Project and in entering into this Contract, Contractor represents: a. Contractor has studied the Contract Documents, the Work, the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; b. Contractor has studied the Technical Data and other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; c. Contractor has correlated these studies and observations with the requirements of the Contract Documents; and d. Contractor has taken all of this information into consideration in developing the Contract Price offered and that the Contract Price offered provides full compensation for providing the Work in accordance with the Contract Documents. 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the Contractor when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or General Conditions Corpus Christi Standards - Regular Projects 00 72 00-16 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Suppliers. Specifications or details do not need to be indicated or specified in each Specification or Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations, whether specific or implied, are those in effect at the time Contractor's Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives General Conditions Corpus Christi Standards - Regular Projects 00 72 00-17 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 City. 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; 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-18 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 6. Contractor is deemed to have included the most expensive item, system, procedure, etc. in the Contract Price if a conflict, error, ambiguity, or discrepancy in components of the Contract Documents was known, but not reported prior to submitting the Bid or when Contractor negotiates the Contract Price. 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-19 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree. 4.04 Delays in Contractor's Progress A. 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.1, for Projects using calendar days or a fixed date to establish the Contract Time. Contractor is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. D. Contractor is entitled to an equitable adjustment in the Contract Times if Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of OPT or Contractor. These 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 other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8; 3. Acts of war or terrorism; and 4. Rain days in excess of the number of days allocated for rain as described in the Supplementary Conditions. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-20 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-21 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. The Supplementary Conditions identify: 1. Those reports known to OPT of explorations and tests of subsurface conditions at or adjacent to the Site; 2. Those drawings known to OPT of physical conditions related to existing surface or subsurface structures at the Site, except Underground Facilities; and 3. Technical Data contained in these reports and drawings. B. Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project and made available to Contractor are defined as Technical Data, unless Technical Data has been defined more specifically in the Supplementary Conditions. C. Contractor may rely upon the accuracy of the Technical Data contained in these reports and drawings, but these reports and drawings are not Contract Documents. Except for this reliance on Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, or Contractor's safety precautions and programs; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Contractor's interpretation of or conclusions drawn from Technical Data or other data, interpretations, opinions, or information. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 22 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. D. Possible Contract Price and Contract Times Adjustments: 1. Contractor is entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in Contractor's cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 15.03. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 23 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 2. Contractor is not entitled to an adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of the subsurface or physical condition at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; b. The existence of the subsurface or physical condition could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or c. Contractor failed to give notice as required by Paragraph 5.04.A. 3. Contractor may submit a Change Proposal no later than 30 days after OAR's issuance of the OPT's statement to Contractor regarding the subsurface or physical condition in question. 4. A Change Order is to be issued by the OAR if Owner and Contractor agree that Contractor is entitled to an adjustment in the Contract Price or Contract Times and agree to the amount or extent of adjustments in the Contract Price or Contract Times. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-24 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. E. Contractor is entitled to an equitable adjustment in the Contract Price or Contract Times as provided in Paragraphs 11.04 and 11.05 to the extent that the existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown 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. The Supplementary Conditions identify: 1. Those reports and drawings known to OPT relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in these reports and drawings. B. Contractor may rely upon the accuracy of the Technical Data contained in reports and drawings relating to Hazardous Environmental Conditions identified in the Supplementary General Conditions Corpus Christi Standards - Regular Projects 00 72 00-25 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Conditions, but these reports and drawings are not Contract Documents. Except for the reliance on expressly identified Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of these reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor or Contractor's safety precautions and programs related to Hazardous Environmental Conditions; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Any Contractor interpretation of or conclusion drawn from Technical Data or other data, interpretations, opinions, or information. C. The results of tests performed on materials described in environmental reports specifically prepared for the Project and made available to Contractor are defined as Technical Data unless Technical Data has been defined more specifically in the Supplementary Conditions. D. Contractor is not responsible for removing or remediating Hazardous Environmental Conditions encountered, uncovered, or revealed at the Site unless this removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. E. Contractor is responsible for controlling, containing, and duly removing and remediating Constituents of Concern brought to the Site by Contractor's Team and paying associated costs. 1. Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to Contractor for associated costs if Contractor's Team creates a Hazardous Environmental Condition and Contractor does not take acceptable action to remove and remediate the Hazardous Environmental Condition. 2. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. F. Immediately notify the OAR and take the following action if Contractor uncovers or reveals a Hazardous Environmental Condition at the Site or adjacent areas used by the Contractor's Team that was not created by the Contractor's Team: 1. Secure or otherwise isolate this condition; 2. Stop Work in affected areas or connected with the condition, except in an emergency as required by Paragraph 7.12; and 3. Do not resume Work in connection with the Hazardous Environmental Condition or in affected areas until after OPT has obtained required permits and OAR sends notice to the Contractor: a. Specifying that this condition and affected areas are or have been rendered safe for the resumption of Work; or b. Specifying special conditions under which Work may be resumed safely. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 26 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay, give notice, or take other action to claimants under the Payment Bond. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 27 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA G. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 18 if Contractor fails to obtain or maintain required Bonds. H. OPT will provide a copy of the Payment Bond to Subcontractors, Suppliers, or other persons or entities claiming to have furnished labor or materials used in the performance of the Work that request this information in accordance with Texas Government Code Chapter 2253. 6.02 Licensed Sureties A. Provide Bonds in the form prescribed by the Contract Documents from sureties named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. B. Provide Bonds required by the Contract Documents from surety companies that are duly licensed or authorized to provide bonds in the State of Texas. 6.03 Required Minimum Insurance Coverage A. Obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. Deliver evidence of insurance in accordance with the Supplementary Conditions to the Owner to demonstrate that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Provide copies of these certificates to each named insured and additional insured as identified in the Supplementary Conditions or otherwise. 6.04 General Insurance Provisions A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with this Article 6 and the Supplementary Conditions. B. Provide endorsements to the policies as outlined in this Article. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A -VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 28 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 18 if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 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; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 29 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Article and the Supplementary Conditions. Insurance is to remain in effect for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by the Supplementary Conditions, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-30 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first -dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third -party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Article must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Article or the Supplementary Conditions or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, General Conditions Corpus Christi Standards - Regular Projects 00 72 00-31 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 6.06 Property Insurance A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Article and the Supplementary Conditions or those required by Laws and Regulations and must comply with the requirements of Paragraph 6.09. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner -furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 32 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 17.13. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Article and the Supplementary Conditions. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 6.07 Waiver of Rights A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in the Supplementary Conditions. B. All policies purchased in accordance with this Article are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contain provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 6.08 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. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 33 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 6.09 Acceptable Evidence of Insurance A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of "Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 6.10 Certificate of Insurance A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 6.11 Insurance Policies A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 6.12 Continuing Evidence of Coverage A. Provide updated, revised, or new evidence of insurance in accordance this Article and the Supplementary Conditions prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 6.13 Notices Regarding Insurance A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi — Engineering General Conditions Corpus Christi Standards - Regular Projects 00 72 00-34 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. 6.14 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 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. lithe 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-35 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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: 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 36 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 37 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Holiday Date Observed 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 38 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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, General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 39 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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's Indemnitees for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. 7.06 Permits A. Obtain and pay for construction permits and licenses. OPT is to assist Contractor in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the Contractor's Bid is submitted or when Contractor negotiates the Contract Price. 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 40 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-41 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA F. Comply with the applicable requirements of the Owner's safety program if required to do so in the Supplementary Conditions. A copy of the Owner's safety program will be provided in the Bidding Documents. 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury, or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately if Contractor believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is required because of the action taken by Contractor in response to this emergency. 7.13 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor's warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. This Contractor's warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage. C. Contractor's obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor's obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-42 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 A. To THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES OR DISPUTE RESOLUTION COSTS, ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK AND/OR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE CONTRACT, VIOLATIONS OF LAWS OR REGULATIONS, OR BODILY INJURY, DEATH OR DESTRUCTION OF TANGIBLE PROPERTY CAUSED BY THE ACTS, OMISSIONS OR NEGLIGENCE OF THE CONTRACTOR'S TEAM, REGARDLESS OF WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE CAUSED IN PART BY AN OWNER'S INDEMNITEE HEREUNDER, SUBJECT TO THE OWNER'S DEFENSES AND LIABILITY LIMITS UNDER THE TEXAS TORT CLAIMS ACT. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY AN OWNER'S INDEMNITEE AGAINST A CLAIM, LOSS, DAMAGE OR EXPENSE CAUSED BY THE SOLE NEGLIGENCE OF AN OWNER'S INDEMNITEE. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES EACH OF OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF AN OWNER'S INDEMNITEE. B. To THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS, ARISING OUT OF OR RELATING TO: (i) THE FAILURE TO CONTROL, CONTAIN, OR REMOVE A CONSTITUENT OF CONCERN BROUGHT TO THE SITE BY CONTRACTOR'S TEAM OR A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR'S TEAM, (II) CONTRACTOR'S TEAM'S ACTION OR INACTION RELATED TO DAMAGES, DELAYS, DISRUPTIONS OR INTERFERENCE WITH THE WORK OF OWNER'S EMPLOYEES, OTHER CONTRACTORS, OR UTILITY OWNERS PERFORMING OTHER WORK AT OR ADJACENT TO THE SITE, OR (III) THE CORRECTION OF DEFECTIVE WORK. NOTHING IN THIS PARAGRAPH OBLIGATES THE CONTRACTOR TO INDEMNIFY THE OWNER'S INDEMNITEES FROM THE CONSEQUENCES OF THE OWNER'S AND OWNER'S INDEMNITEES SOLE NEGLIGENCE. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES THE OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR General Conditions Corpus Christi Standards - Regular Projects 00 72 00-43 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF OWNER'S INDEMNITEES. C. To THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS RESULTING FROM INFRINGEMENT ON PATENT RIGHTS OR COPYRIGHTS BY CONTRACTOR'S TEAM. 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's Indemnitees 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's Indemnitees from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner's Indemnitees do not waive any rights to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10 -day period. G. Defense of Indemnification Claims: 1. Assume the defense of the claim with counsel chosen by the Contractor and pay related costs, unless Owner decides otherwise. Contractor's counsel must be acceptable to Owner. Control the defense and any negotiations to settle the claim. Advise Owner's Indemnitees as to its defense of the claim within 10 days after being notified of the indemnification request. Owner's Indemnitees may assume and control the defense If Contractor does not assume the defense. Pay all defense expenses of the Owner's Indemnitees as an indemnified loss. 2. Owner's Indemnitees may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Contractor defends the claim. Contractor General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 44 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA may not settle the claim without the consent or agreement of Owner. Contractor may settle the claim with Owner's consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner's Indemnitees to comply with restrictions or limitations that adversely affect Owner's Indemnitees; b. Would require Owner's Indemnitees to pay amounts that Contractor does not fund in full; or c. Would not result in Owner and Owner's Indemnitees' full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 7.15 Delegation of Professional Design Services A. Contractor is not required to provide professional design services unless these services are specifically required by the Contract Documents for a portion of the Work or unless these services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. B. The Contract Documents specify performance and design criteria related to systems, materials, or equipment if professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor. These services or certifications must be provided by the licensed Texas Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor's design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer's review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer's review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor's Work. This other work may be performed by Owner's employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing General Conditions Corpus Christi Standards - Regular Projects 00 72 00-45 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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, other contractor, or utility owner: 1. Damages the Work or property of Contractor's Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-46 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor or utility owner to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor's ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor's Team damages, delays, disrupts, or interferes with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner's contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors or utility owners if damages, delays, disruptions, or interference occur. E. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-47 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as General Conditions Corpus Christi Standards - Regular Projects 00 72 00-48 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-49 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 50 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 11.04.D 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 without adjusting Contractor's fee. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-51 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA D. Contractor's Fee: Determine the Contractor's fee for overhead and profit as follows: 1. A mutually acceptable fixed fee; or 2. A fee based on the following percentages of the various portions of the Cost of the Work: a. The Contractor's fee is 15 percent for costs incurred under Paragraphs 15.01.C.1 and 15.01.C.2; 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; and 2) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor; d. No fee is payable on the basis of costs itemized under Paragraphs 15.01.C.4, and 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 3. The adjustment in Contractor's fee is based on the net change in accordance with Paragraphs 11.04.D.2.a through 11.04.D.2.e, inclusive when both additions and credits are involved in any one change. 11.05 Change of Contract Times A. The Contract Times 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 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 52 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA B. Notify the OAR immediately if a Change Proposal is to be submitted. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. Submit the following as part of the Change Proposal: 1. Any proposed change in Contract Price, Contract Times, or other relief, accompanied by a statement that the requested Change Order is the entire adjustment to which Contractor believes it is entitled; 2. The reason for the proposed change; and 3. Supporting data, accompanied by a statement that the supporting data is accurate and complete. C. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and Contractor's supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The Contractor may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 13. 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 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 53 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor's submission by Owner constitutes neither acceptance nor approval of a Bid, nor a warranty that the Bid will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. 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. 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. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for classification; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 54 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail 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 Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 55 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 12.04 Equal Non Specified Products A. The products of the listed Suppliers are to be furnished where Specifications list several manufacturers but do not specifically list "or equal" or "or approved equal" products. Use of any products other than those specifically listed is a substitution. Follow the procedures in Paragraph 12.05 for a substitution. B. Contractor may submit other manufacturers' products that are in full compliance with the Specification where Specifications list one or more manufacturers followed by the phase "or equal" or "or approved equal." 1. Submit a Shop Drawing as required by Article 25 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. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 4. A Change Proposal is not required for any product that is in full compliance with the Contract Documents. If the product is not in full compliance, it may be offered as a Substitution. 12.05 Substitutions A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 12.02 along with a Shop Drawing as required by Article 25 to request approval of a substitution. B. Prove that the product is acceptable as a substitute. It is not the Designer's responsibility to prove the product is not acceptable as a substitute. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 56 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 1. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. 2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the documents submitted. 3. The decision of the Designer regarding the acceptability of the proposed substitute product is final. C. Provide a written certification that, in making the substitution request, the Contractor: 1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. 2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product. 3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. 4. Will maintain the same time schedule as for the specified product. D. Pay for review of substitutions in accordance with Article 25. 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 Designer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; 3. Appealing OPT'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. 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. 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 the required time limit shall constitute a waiver of such Claim. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 57 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 the required time limit shall constitute a waiver of such Claim. 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. 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. 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 to Owner. H. Designer may 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. J. 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. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. 1. The agreement to mediate suspends the Claim submittal and response process. 2. Owner or Contractor may unilaterally terminate the mediation process after 60 days from the agreement to mediate and resume the Claim submittal and decision process as of the date of the termination. The Claim process resumes as of the date of the conclusion of the mediation, as determined by the mediator, if the mediation is unsuccessful in resolving the dispute. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 58 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 Agreement 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 Agreement shall be construed as consent to a lawsuit. No provision of the Agreement shall waive any immunity or defense. L. Contractor may appeal a Claim that is denied in whole or in part by filing such appeal with Owner within 30 days following the denial. Owner will have 60 days to review the appeal and respond to Contractor. If Owner does not respond within 60 days after receipt of the appeal, the appeal shall be deemed denied. M. Notify the OAR if efforts to resolve the Claim are not successful, and the Claim is denied. N. If the entity receiving a Claim approves the Claim in whole or in part or denies it in whole or in part or if Owner denies an appealed Claim, this action is final and binding unless the other entity invokes the procedure described in Article 22 for final resolution of disputes within 30 days after this action. O. 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. P. 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. Any failure of Contractor to comply with any of the foregoing requirements and conditions precedent with regard to any such Claim shall constitute a waiver of any entitlement to submit or pursue such Claim. R. 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. Q. 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 59 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 14.04 Prevailing Wage Rates A. Use the Prevailing Wage Rates specified in the Supplementary Conditions. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 60 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 Saturday, Sunday, or legal holidays, to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers' field services. Contractor may retain cash discounts unless Owner provided funds to the Contractor for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining, with the OPT, which bids are acceptable. The Subcontractor's Cost of the Work and fee are determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00-61 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-62 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner's Indemnitees. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 15.01.C. E. The Contractor's fee is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis. 2. In accordance with Paragraph 11.04.0 for Work covered by a Modification determined on the basis of Cost of the Work. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 15.01. 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 15.02.6.1 and 15.02.6.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 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 Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-63 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of an item indicated in the Agreement; 2. There is no corresponding adjustment with respect to other items of Work; and 3. Contractor believes it has incurred additional expense as a result of this condition or 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 Agreement. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 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 Agreement. 2. Rework required to correct Defective Work. 3. Inefficiencies in completing the Work due to the Contractor's selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 64 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 65 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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 if it is found that the uncovered Work is Defective. 2. Submit a Change Proposal for an increase in the Contract Price or an extension of the Contract Times directly attributable to this uncovering, exposure, observation, General Conditions Corpus Christi Standards - Regular Projects 00 72 00-66 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA inspection, testing, and reconstruction if the uncovered Work is found to be not 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-67 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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; Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; g. i. Owner has been notified of failure to make payments to Subcontractors, Suppliers, or Employees; General Conditions Corpus Christi Standards - Regular Projects 00 72 00-68 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA j. Failure to submit up-to-date record documents as required by the Contract Documents; k. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; I. Failure to provide Project photographs required by the Contract Documents; m. Failure to provide Certified Payroll required by the Contract Documents; n. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re -inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; o. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; p. OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; q• Other items entitling Owner to a set-off against the amount recommended; or r. Payment would result in an over -payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and Contractor. 3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off. The Owner is to pay the Contractor amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor remedies the reasons for the set-off. Contractor may submit a Change Proposal contesting the set-off. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-69 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 17.02 Application for Payment A. Submit Applications for Payment for completed Work and for materials and equipment in accordance with the Supplementary Conditions, the Agreement, and this Article 17. The Contract Price is to include costs for: 1. Providing the Work in accordance with the Contract Documents; 2. Installing Owner furnished equipment and materials; 3. Providing Work for Alternates and Allowances; 4. Commissioning, start-up, training and initial maintenance and operation; 5. Acceptance testing in manufacturer's facilities or on Site; 6. All home office overhead costs and expenses, including profit made directly or indirectly for the Project; 7. Project management, Contract administration, field office, and field operations staff, including supervision, clerical support, and technology system support; 8. Professional services including design fees, legal fees, and other professional services; 9. Bonds and insurance; 10. Permits, licenses, patent fees, and royalties; 11. Taxes; 12. Providing all documents and Samples required by the Contract Documents; 13. Facilities and equipment at the Site including: a. Field offices, office furnishings, and all related office supplies, software, and equipment, b. Storage facilities for Contractor's use, storage facilities for stored materials and equipment, including spare parts storage, c. Shops, physical plant, construction equipment, small tools, vehicles, technology and telecommunications equipment, d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site, e. Temporary facilities for power and communications, f. Potable water and sanitation facilities, and g. Mobilization and demobilization for all of these facilities and equipment; 14. Products, materials, and equipment stored at the Site or other suitable location; 15. Products, materials, and equipment permanently incorporated into the Project; 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00-70 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 18. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project; 19. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features; 20. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features; 21. Products, materials, and equipment consumed during the construction of the Project; 22. Contractor labor and supervision to complete the Project, including that provided through Subcontractors or Suppliers; 23. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents; 24. Risk associated with weather and environmental conditions, start-up, and initial operation of facilities including equipment, processes, and systems; 25. Contractor's safety programs, including management, administration, and training; 26. Maintenance of facilities, including equipment, processes, and systems until operation is transferred to Owner; 27. Providing warranties, extended or special warranties, or extended service agreements; 28. Cleanup and disposal of any and all surplus materials; and 29. Demobilization of all physical, temporary facilities not incorporated into the Project. B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price. C. Provide written approval of the surety company providing Bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. Submit approval using the Consent of Surety Company to Payment Procedures form provided. Payment will not be made without this approval. D. OAR may withhold processing Applications for Payment if any of the following processes or documentation are not up to date: 1. Progress Schedule per Article 27. 2. Project photographs per Article 28. 3. Record Documents per Article 20. 4. Documentation required to comply with Owner's Minority / MBE / DBE Participation Policy. 5. Certified payroll documentation required by the Contract Documents. 6. Documentation required to substantiate any approved Project deviation, including overruns of Designer's estimated quantity. 7. Documentation required by funding agency per Section 00 74 00. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-71 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 provided in Attachment A 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 Agreement, use each unit price line item in the Agreement as a unit price line item in the Schedule of Values. E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials, or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor's overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. F. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other cost associated with the item in the Agreement. The sum of the two components must equal the value of the line item in the Schedule of Values. G. Where a percentage of the line value is allowed for a specified stage of completion, show the value for each stage of completion as a component of that line item cost. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-72 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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.E.3 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 17.06. B. Unit Price Contracts: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Agreement. b. Payment for stored materials and equipment will be made per Paragraph 17.06. 2. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-73 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 2. Payment for materials and equipment show in the Application for Payment on Attachment A or Attachment B - Tabulation of Work on Approved Contract Modifications will be made for the invoice amount, up to the value 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 Attachment D to the Application for Payment - Tabulation of Values for Materials and Equipment. Include invoice numbers on Attachment D so that a comparison can be made between invoices and amounts included on Attachment D. B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the tabulation of materials and equipment if this documentation is not provided. Payment will not be made for material and equipment without documentation of payment. C. Contractors can be paid for non-perishable materials on hand stored at the site, provided that invoices are furnished to the City for verification of the material value, and 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, 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 Alternates and Allowances A. Include amounts for specified Alternate Work in the Agreement in accordance with SECTION 01 23 10 ALTERNATES AND ALLOWANCES. B. Include amounts for specified Allowances for Work in the Agreement in accordance with SECTION 01 23 10 ALTERNATES AND ALLOWANCES. 17.08 Retainage and Set -Offs A. Retainage will be withheld from each Application for Payment per the Agreement. Retainage will be released per the General Conditions. B. Reduce payments for set -offs per the General Conditions. Include Attachment C—Tabulation of Set -Offs in the Application for Payment. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-74 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 17.09 Procedures for Submitting an Application for Payment A. Submit a draft Application for Payment to the OAR each month at least 20 days before the date established in the Agreement for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the OAR to determine concurrence with: 1. The earned value for each lump sum item including the value of properly stored and documented materials and equipment for each item in the original Contract. 2. The quantity of Work completed for each unit price item. 3. Set -offs included in the Application for Payment. 4. Values requested for materials and equipment consistent with invoices for materials and equipment. B. Submit Applications for Payment monthly through the OAR after agreement has been reached on the draft Application for Payment. 1. Number each application sequentially and include the dates for the application period. 2. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage, and set- offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. 4. Include Attachment B to show the earned value on line 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 75 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 17.10 Responsibility of Owner's Authorized Representative A. OAR will review draft Application for Payment with Contractor to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by Contractor to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. C. OAR is to either recommend payment of the Application for Payment to Owner or notify the Contractor of the OPT's reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment if it is not recommended within 10 days after receipt of the notice. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR's recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. E. This representation is subject to: 1. Further evaluation of the Work as a functioning whole; 2. The results of subsequent tests called for in the Contract Documents; or 3. Any other qualifications stated in the recommendation. F. OPT does not represent by recommending payment: 1. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or 2. Other matters or issues between the parties that might entitle Contractor to additional compensation or entitle Owner to withhold payment to Contractor may or may not exist. G. Neither OPT's review of Contractor's Work for the purposes of recommending payments nor OAR's recommendation of payment imposes responsibility on OPT: 1. To supervise, direct, or control the Work; 2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs; 3. For Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; General Conditions Corpus Christi Standards - Regular Projects 00 72 00-76 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 17.11 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. 17.12 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. 17.13 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 17.12 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-77 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 17.14 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted under Paragraph 17.13 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. 17.15 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. 17.16 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-78 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 17.17 Waiver of Claims A. The making of final payment does not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after final inspection pursuant to Paragraph 17.14; 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. 17.18 Correction Period A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or longer period of time prescribed by the terms of the Contract Documents. B. Promptly correct damages to the Site or adjacent areas that Contractor has arranged to use through construction easements or other agreements. Promptly correct damages to Work or the work of others. Make corrections without cost to Owner. C. Owner may have the Defective Work and damages described in Paragraphs 17.18.A and 17.18.6 corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. D. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or 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. The correction period is extended for an additional period of 1 year for Defective Work corrected after the date of Substantial Completion or after the accepted date the correction period starts to run as described in Paragraph 17.18.E. This extended correction period starts to run when Defective Work has been satisfactorily corrected under this Paragraph 17.18. G. Contractor's obligations under this Paragraph 17.18 are in addition to other obligations or warranties. The provisions of this Paragraph 17.18 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-79 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 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; or 6. Contractor's repeated disregard of the authority of OPT. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 80 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. This cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Claims, costs, losses, and damages incurred by Owner are to be reviewed as to their reasonableness and incorporated in a Change Order by OAR. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination 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 11.04.D.; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. No payment is payable to Contractor for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. 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. E. Provide temporary controls for pollutions, management of water and management of excess earth as required in SECTION 01 57 00 TEMPORARY CONTROLS. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-81 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-82 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 as discussed in SECTION 01 57 00 TEMPORARY CONTROLS. E. Park employees' vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately -owned land outside of the Owner's property, rights-of-way, or easements. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-83 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action per SECTION 01 35 00 SPECIAL PROCEDURES. Coordinate Work with local utility company and others for the relocation or replacement. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damaged items to the satisfaction of the OPT and utility owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or approved by the OAR. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines, or other obstructions. E. Protect existing trees and landscaping at the Site. 1. Identify trees that may be removed during construction with OPT. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 4. Protect root zone from compaction. 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 per SECTION 01 35 00 SPECIAL PROCEDURES indicating the owner of pipelines excavated and surveyed and all pertinent survey data, including the station where lines cross or conflicts may exist and the distance to the pavement centerline and elevations of the top of existing pipelines. D. Do not perform Work on the Project until all exploratory excavations have been completed and the Plan of Action has been approved by the 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 84 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA included in the Bid Form, the cost should be included in the unit price for the pipe construction or other applicable feature. 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 in accordance with SECTION 01 35 00 SPECIAL PROCEDURES 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 85 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 19.13 Delivery and Storage A. Deliver products and materials to the Site in time to prevent delays in construction. B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in packages or other containers until installed. C. Assume full responsibility for the protection and safekeeping of products stored at the Site. D. Store products at locations acceptable to the OAR and to allow Owner access to maintain and operate existing facilities. E. Store products in accordance with the Supplier's storage instructions immediately upon delivery. Leave seals and labels intact. F. Provide additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather -tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control, and ventilation within the ranges stated in the Supplier's instructions. Remove storage facilities at the completion of the Project. G. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. 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: General Conditions Corpus Christi Standards - Regular Projects 00 72 00-86 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 1. Storage facilities continue to meet specified requirements; 2. Supplier's required environmental conditions are continually maintained; and 3. Products that can be damaged by exposure to the elements are not adversely affected. J. Replace any stored item damaged by inadequate protection or environmental controls. K. Payment may be withheld for any products not properly stored. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-87 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-88 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-89 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 4. Observation of Work and testing. 5. Claims. C. The OAR will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the OAR at the address indicated at the pre -construction conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Contract title. 4. Project number. 5. Date. 6. A reference statement. E. Submit communications on the forms referenced in this Section or in Article 24. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 90 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA c. Contractor's superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. d. Notify the OAR of any specific items to be discussed a minimum of 1 week prior to the meeting. 2. Provide information as requested by the OAR or Owner concerning this Project. Prepare to discuss: a. Status of overall Project schedule. b. Contractor's detailed schedule for the next month. c. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of documents. f. Information or clarification of the Contract Documents. g. Claims and proposed Modifications to the Contract. 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 Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-91 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-92 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 3. Request to shut down facilities or utilities. 4. Proposed utility connections. 5. Required observation by OAR, Designer, or inspection agencies prior to covering Work. 6. Training. B. Provide notification a minimum of 2 weeks in advance in order to allow OPT time to respond appropriately to the notification. C. Use "Notification by Contractor" form provided. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-93 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 3. Record information as construction is being performed. Do not conceal any Work until the required information is recorded. 4. Mark Drawings to record actual construction, including the following: a. Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. b. Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. c. Location of utilities and appurtenances concealed in the Work. Refer measurements to permanent structures on the surface. Include the following equipment: 1) Piping. 2) Ductwork. 3) Equipment and control devices requiring periodic maintenance or repair. 4) Valves, unions, traps, and tanks. 5) Services entrance. 6) Feeders. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 94 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 95 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 5. Provide safe access for all inspection and testing activities, including those to be conducted as part of the OPT's Quality Management Program. 6. Document Defective Work though Certified Test Reports and Defective Work Notices. Document that corrective actions have been taken to correct any defects and that corrected Work is in compliance with the Contract Documents. 7. Apply quality control measures to documentation provided for the Project. 8. Implement countermeasures to prevent future Defective Work. C. Perform tests as indicated in this and other Sections of the Specifications. Technical Specifications govern if any testing and inspection requirements of this Section conflict with the testing and inspection requirements of the technical Specifications. D. All verification testing is to be observed by the OAR or designated representative. E. Send test reports to the OAR and the Designer. F. Provide an update on quality control activities at monthly progress meetings required by Article 20. 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00-96 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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 implementing 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-97 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 they are not in compliance and why it does not comply. Submit these test reports on forms provided per Article 24. 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, 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00-98 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA f. Date the report was issued; g. Description of the test performed; h. Weather conditions and temperature at time of test or sampling; i. Location at the Site or structure where the test was taken; j. Standard or test procedure used in making the test; k. A description of the results of the test; I. Statement of compliance or non-compliance with the Contract Documents; and m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor, Subcontractors or Suppliers on the forms provided by the OAR. 3. OPT will prepare test reports on test performed by the OPT. B. Send test report to Designer within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. C. Payment for Work may be withheld until test reports indicate that the Work is not Defective. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-99 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA B. Provide a Contractor's Quality Control Plan that incorporates construction operations at both the Site and production Work at remote locations and includes Work by Subcontractors and Suppliers. The Contractor's Quality Control Plan is to include: 1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work; 2. Documentation describing name, qualifications (in resume format), duties, responsibilities, and level of authority of the Quality Control Manager; 3. The name, qualifications (in resume format), duties, responsibilities, and authorities of other persons assigned a quality control function; 4. Procedures for scheduling, reviewing, certifying, and managing documentation, including documentation provided by Subcontractors and Suppliers; 5. Control, verification, and acceptance testing procedures for each specific test. Include: a. Name of tests to be performed, b. Specification paragraph requiring test, c. Parameters of Work to be tested, d. Test frequency, e. Persons responsible for each test, and f. Applicable industry testing standards and laboratory facilities to be used for the test; 6. Integrate the OPT quality assurance testing into the Contractor's Quality Control Plan, specifically identifying the tests or inspections in Paragraph 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 100 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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. J• Discuss results of planning phase with the OAR. Conduct a meeting attended by the Quality Control Manager, the OAR, superintendent, other quality control personnel as applicable, and the foreman responsible for the Work task. Instruct applicable workers as to the acceptable level of workmanship required in order to meet the requirements of the Contract Documents. Document the results of the preparatory phase actions by separate meeting minutes prepared by the Quality Control Manager and attached to the quality control report. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 101 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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 Methods and Procedures A. The Owner or Contractor may appeal a Claim, approved or denied in part or in full, by: 1. Agreeing with the other party to submit the dispute to a dispute resolution process; or 2. Notifying the other party of the intent to submit the dispute to a court of competent jurisdiction if the parties do not mutually agree to a dispute resolution process. No provision of this Agreement shall be construed as consent to a lawsuit. No provision of this Agreement shall waive any immunity or defense. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 102 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 103 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 104 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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. 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. g. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 105 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 5. Correct assignment of numbers is essential since different document types are processed in different ways. B. Include reference the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. 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: General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 106 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Document Type Section Application for Payment Article 17 Change Proposal Article 12 Certified Test Report Article 25 for approval of product 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 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 107 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 Paragraph 25.03 of the Supplementary Conditions. 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; 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; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 108 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 25.10. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor's risk. Defective products may be rejected at the Owner's option. H. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Designer. 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; 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 109 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-110 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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, 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 g. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-111 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-112 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 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. 25.10 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-113 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-114 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Submit any requested deviation that requires 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 25.10.8 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. 25.11 Resubmission Requirements A. Make all corrections or changes in the documents required by the Designer and resubmit to the Designer until approved. 1. Revise initial drawings or data and resubmit as specified for the original document. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-115 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 2. Highlight or cloud in green those revisions which have been made in response to the previous reviews by the Designer. This will include changes previously highlighted or clouded in yellow to direct attention to Designer to items requiring selections or decisions by the Designer or highlighted or clouded in orange for a requested deviation from the Contract Documents. 3. Highlight and cloud new items in yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Highlight and cloud new items in orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Numbering for these new items is to start with the next number following the last Shop Drawing deviation requested. Include explanatory comments in the Shop Drawing Deviation Request form. B. Pay for excessive review of Shop Drawings. 1. Excessive review of Shop Drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2. Review of Shop Drawings or Samples will be an additional service requiring payment by the Contractor if the Contractor submits a substitution for a product for which a Shop Drawing or Sample has previously been approved, unless the need for such change is beyond the control of Contractor. 3. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 4. A Set-off will be included in each Application for Payment to pay cost for the additional review to the Owner on a monthly basis. The Set-off will be based on invoices submitted to Owner for these services. 5. Need for more than one resubmission or any other delay of obtaining Designer's review of Shop Drawings will not entitle the Contractor to an adjustment in Contract Price or an extension of Contract Times. 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 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-116 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 3. Provide replacement or repair of the products at some future date. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the receipt or cursory review of Record Data. Contract modifications can only be approved by Change Order or Field Order. D. Provide various reports or other documents that Contract Documents 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 in accordance with SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 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 5. Conflicts between the Record Data related to the various Subcontractors and Suppliers have been resolved. E. Review Record Data prior to submitting to the Designer. Certify that all Record Data has been reviewed by the Contractor and is in strict conformance with the Contract Documents General Conditions Corpus Christi Standards - Regular Projects 00 72 00-117 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Record Data. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-118 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 1. Provide all information requested in the Record Data submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Record Data submittal form is to be the first document in the file. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-119 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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." General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 120 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Take the requirements of SECTION 01 35 00 SPECIAL PROCEDURES into consideration when preparing schedule. F. 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 Schedules updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-121 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 122 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 123 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash, and debris have been removed. 5. Employ a professional photographer approved by the OAR to photograph the Project. 6. Provide one aerial photograph of the Site from an angle and height to include the entire Site while providing adequate detail. C. All photographs, video recordings, and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 124 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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 Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-125 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 126 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 29.05 Transfer of Utilities A. Transfer utilities to the Owner when the Certificate of Substantial Completion has been issued and the Work has been occupied by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work. 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 127 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 Saturday, Sunday, or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 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 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 128 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 30.05 Limitation of Damages A. Owner's Indemnitees are not liable to Contractor for claims, costs, losses or damages sustained by Contractor's Team associated with other projects or anticipated projects. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 129 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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. 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. 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. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 130 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 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 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 Corpus Christi Standards - Regular Projects 00 72 00-131 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1— DEFINITIONS AND TERMINOLOGY SC -1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi, Texas Hanson Professional Services Inc. Intertek-PSI ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK SC -4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 00 73 00 - 1 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 3. A total number of rain days have been set for each Contract (see below). An extension of time due to rain days will be considered only after 20 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. Base Bid A — 57 total rain days Base Bid B — 57 total rain days Base Bid C— 61 total rain days Base Bid D — 35 total rain days Base Bid E — 35 total rain days ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC -5.03 SUBSURFACE AND PHYSICAL CONDITIONS 5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SC -5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. ARTICLE 6 — BONDS AND INSURANCE SC -6.03 REQUIRED MINIMUM INSURANCE COVERAGE INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises — Completed Operations 3. Explosions and Collapse Hazard $1,000,000 Per Occurrence 4. Underground Hazard $2,000,000 Aggregate 5. Products / Completed Operations Hazard 6. Contractual Liability Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 00 73 00 - 2 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury Business Automobile Liability - Owned, Non - Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability Required if Contract Price > $5,000,000 $1,000,000 Per Occurrence Contractor's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation > 3ft $1,000,000 Per Claim ✓ Required • Not Required Builder's Risk (All Perils including Collapse) Required for vertical structures and bridges Equal to Full Replacement Cost Structure and Contents of • Required ✓ Not Required Installation Floater Required if installing city -owned equipment Equal to Contract Price • Required ✓ Not Required ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES SC -7.02 LABOR; WORKING HOURS A. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of person 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 Sunrise to Sunset, Monday through Friday unless other times are specifically authorized in writing by OAR. SC -7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees. ARTICLE 14 — PREVAILING WAGE RATE REQUIREMENTS Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 00 73 00 - 3 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA SC -14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Determination Construction Type Project Type (WD) No TX21 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TX29 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). "General Decision Number: TX20200021 01/03/2020 Superseded General Decision Number: TX20190021 State: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 007300-4 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 * SUTX1987-001 12/01/1987 Rates CARPENTER (Excluding Form Setting) $ 9.05 Concrete Finisher $ 7.56 ELECTRICIAN $ 13.37 Laborers: Common $ 7.25 Utility $ 7.68 Power equipment operators: Backhoe $ 9.21 Motor Grader $ 8.72 Fringes 2.58 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 007300-5 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 007300-6 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 007300-7 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION "General Decision Number: TX20200029 01/03/2020 Superseded General Decision Number: TX20190029 State: Texas Construction Type: Highway Counties: Aransas, Calhoun, Goliad, Nueces and San Patricio Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 007300-8 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 * SUTX2011-010 08/08/2011 Rates CEMENT MASON/CONCRETE FINISHER (Paving & Structures)...$ 12.64 FORM BUILDER/FORM SETTER Paving & Curb $ 10.69 Structures $ 13.61 LABORER Asphalt Raker $ 11.67 Flagger $ 8.81 Laborer, Common $ 10.25 Laborer, Utility $ 11.23 Pipelayer $ 11.17 Work Zone Barricade Servicer $ 11.51 PAINTER (Structures) $ 21.29 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 14.25 Asphalt Paving Machine $ 13.44 Mechanic $ 17.00 Motor Grader, Fine Grade$ 17.74 Motor Grader, Rough $ 16.85 Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A Fringes 007300-9 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA TRUCK DRIVER Lowboy -Float $ 16.62 Single Axle $ 11.61 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 00 73 00-10 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 00 73 00-11 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 00 73 00-12 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA ARTICLE 19 — PROJECT MANAGEMENT AND COORDINATION SC -19.21 COOPERATION WITH PUBLIC AGENCIES C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 Hanson Professional Services Inc. 361-814-9900 Gabriel Ortiz 361-960-5441 Traffic Engineering 361-826-3547 Police Department 361-882-2600 Water/ Wastewater/ Stormwater 361-826-1800 (Wastewater Emergencies 361-826-1888) (Storm Water Hotline: 361-826-3800) Gas Department 361-885-6900 (361-885-6942 after hours) Parks & Recreation Department 361-826-7529 Street Department 361-826-3547 City Street Div. for Traffic Signals 361-826-2489 (361-548-6721 for emergencies) Solid Waste & Brush 361-826-2489 IT Department (City Fiber) 361-826-1956 AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications (Network Operations Center) 1-888-632-0931 CenturyLink 361-208-0730 Windstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 00 73 00-13 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA ARTICLE 25 — SHOP DRAWINGS SC -25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description 025608 Inlets 027202 Manholes 027402 Reinforced Concrete Pipe Culverts 038000 Concrete Structures 055420 Frames, Grates, Rings & Covers ARTICLE 26 — RECORD DATA SC -26.03 CONTRACTOR'S RESPONSIBILITIES Submit Record Data for the following items: Specification Section Record Data Description 022100 Select Material 025210 Lime Stabilization 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils, & Emulsions 025412 Prime Coat 025424 Hot Mix Asphalt Concrete Pavement 025620 Portland Cement Concrete Pavement 025807 Pavement Markings (Paint and Thermoplastic) 025813 Preformed Thermoplastic Striping, Words & Emblems 025816 Raised Pavement Markers 026206 Ductile Iron Pipe & Fittings 026210 Polyvinyl Chloride Pipe (AWWA C900 and C905 Pressure Pipe for Municipal Water Mains and Wastewater Force Mains) 026404 Water Service Lines 026409 Tapping Sleeves & Tapping Valves 026411 Gate Valves for Waterlines 030020 Portland Cement Concrete 032020 Reinforcing Steel 037040 Epoxy Compounds (S-44) Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 00 73 00-14 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA END OF SECTION Supplementary Conditions Residential Street Rebuild Program Year 2019, Project No. 18164A 00 73 00 - 15 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 00 30 01 BID FORM Project Name: Residential Street Rebuild Program Year 2.019 Project Number: 18164A Owner: City of Corpus Christi OAR: Designer: Hanson Professional Services Inc. By its signature of all Addenda Work in accordance Bidder: Signature: Name: Title: Attest: State of Residency: Federal Tx Address for Phone: 30— below, Bidder accepts all of the terms and conditions of the Bid Acknowledgement, acknowledges receipt to the Bid and agrees, if this Bid is accepted, to enter into a Contract with the Owner and complete the with the Contract Documents for the Bid price. Haas -Anderson Construction, LW. (full legal name of Bidder) 2� (signature of person with authority to bind the Bidder) -0:60 , 4c 9j$ (printed name of person signing Bid Form) President, Haas -Anderson Management L.C., (title of person signing Bid Form) General Partnr y2 ./ A..1(, - (signature) re -4 Q.S ID No. l — 2) -1 3' J CX L Notices: 0, gra am% a Tb Cnr7,o CA (--, sti r) 24 Cr- '7'''3'---" an 5" UJyan5 Email: dCtitf 11 eD,4rtS—snAe S . ?"1.1 (aid Form ADDENDUM NO. 1 ATTACHMENT NO. 1 00 30 01 - Page 1 of 21 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid D Part A - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D - Al MOBILIZATION (MAX. 5% PART A) LS 1 5 5,000.00 S 5,000.00 D - A2 BONDS AND INSURANCE LS 1 5 25,000.00 5 25,000.00 D - A3 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) (PER STREET SEGMENT EXCLUDING SILT FENCE AND INLET PROTECTION) EA 13 5 3,500.00 S 45,500.00 D - A4 SILT FENCE (FOR SWPPP) LF 30 S 11.00 $ 330.00 D - A5 INLET PROTECTION (FOR SWPPP) EA 42 S 170.00 $ 7,140.00 D - A6 OZONE ACTION DAYS DAY 13 S 1,15 $ 14.95 D - A7 TRAFFIC CONTROL (PLAN PREPARATION) EA 13 _ 5 5,000.00 $ 65,000.00 D - A8 TRAFFIC CONTROL (MOBILIZATION, IMPLEMENTATION, AND ADJUSTMENTS) MO 18 S 2,000.00 $ 36,000.00 D - A9 DOOR HANGERS, PRINTED AND DELIVERED (2 PER RESI DENCE) EA 543 5 5.65 $ 3,067.95 D AlD ALLOWANCES FOR UNANTICIPATED GENERAL ACTIVITIES LS 1 S 10,000 00 5 10,000.00 SUBTOTAL PART A - GENERAL (Items D -A1 thru D -A10) $ 197,052.90 Part B - STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D - B1 MOBILIZATION (MAX. 5% PART B) LS 1 5 80,000.00 $ 80,000.00 D - B2 REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT (0-2 INCH) SY 34,009 $ 2.85 $ 96,925.65 D - B3 REHABILITATION - REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT OR BASE SY-IN 10,883 5 1.05 $ 11,427.15 D - B4 REHABILITATION - SURFACE PREPARATION SY 1,814 5 3.40 5 6,167.60 D - B5 1.5 INCH HMAC (TYPE D) SY 15,885 S 13.00 $ 206,505.00 D - B6 2 INCH HMAC (TYPE D) SY 18,124 5 15.00 5 271,860.00 D - B7 3 INCH HMAC (TYPE 0) SY 1,814 $ 18.00 $ 32,652.00 DB8 PRIME COAT, MC -30 (0.20 GAL/SY) GAL 7,165 S 4.60 $ 32,959.00 D - B9 CRUSHED LIMESTONE BASE (TYPE A, GRADE 1-2) SY-IN 5,023. $ 3.00 S 15,069.00 D - B10 TENSAR GEOGRID (TX5) SY 1,045 5 5.00 S 5,225.00 D - 811 8 INCH LIME STABILIZED SUBGRADE SY 11045 5 20.00 $ 20,900.00 D 812 12 INCH MOISTURE CONDITIONED COMPACTED SUBGRADE SY 837 S 3.00 S 2,511.00 D - B13 REHABILITATION - 8 INCH LIME TREATED BASE AND SUBGRADE SY 14,506 $ 8.00 $ 116,048.00 D B14 REHABILITATION - CEMENT TREATED BASE AND SUBGRADE (MIN 4") SY IN 97,514 S 1.75 $ 170,649.50 D B15 RECONSTRUCTION - STREET EXCAVATION (0-12 INCH) SY 837 5 8.05 $ 6,737.85 D B16 RECONSTRUCTION - STREET EXCAVATION (12-24 INCH) SY 200 $ 14.00 5 2,800.00 D - B17 REHABILITATION - FULL DEPTH REPAIR SY 777 5 42.00 $ 32,634.00 D - B18 PAVEMENT REPAIR SF 1,650 S 7.55 $ 12,457.50 D B19 RAISED PAVEMENT MARKERS (TYPE II -B -B) (FIRE HYDRANT MARKING) EA 14 S 13.00 $ 182.00 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT D - B20 CONCRETE DRIVEWAY DEMOLITION SF 13,701 $ 4.40 5 60,284.40 D - B21 6 -INCH CONCRETE DRIVEWAY SF 13,701 S 15.00 S 205,515.00 D - B22 ADJUSTMENT OF EXISTING MANHOLE RING\COVER IN ROADWAY (SEWER, STORM) EA 15 $ 2,480.00 $ 37,200.00 D B23 ADJUGASSTMENT OF EXISTING VALVE BOX (WATER, EA 6 $ 1,080.00 $ 6,480.00 D - B24 SPEED TABLE/SPEED HUMP EA 2 $ 6,010.00 $ 12,020.00 D - 025 REMOVE EXISTING CHAIN LINK FENCE AND REPLACE WITH NEW LF 100 $ 33.00 $ 3,300.00 D - B26 REMOVE EXISTING WOODEN FENCE AND REPLACE WITH NEW LF 100 5 22.00 $ 2,200.00 D - 027 NEW REGULATORY SIGNAGE EA 86 5 136.00 S 11,696.00 D - B28 NEW STREET BLADE NAME SIGNS EA 85 S 163.00 $ 13,855.00 D - B29 RELOCATION OF EXISTING SIGNAGE EA 10 $ 271.00 $ 2,710.00 D - 030 REMOVAL OF EXISTING SIGNAGE EA 63 $ 60.00 $ 3,780.00 D - 031 SIGN SUPPORT ASSEMBLY (WEDGE ANCHOR STEEL SYSTEM) EA 55 S 190.00 $ 10,450.00 D - B32 SIGN SUPPORT ASSEMBLY (TRIANGULAR SLIPBASE SYSTEM) EA 9 5 352.00 $ 3,168.00 D - B33 REMOVE AND REPLACE EXISTING MAILBOX EA 7 5 256.00 5 1,792.00 D - B34 SODDING, CLEARING AND GRADING SY 1,647 5 19.00 $ 31,293.00 D - B35 WATER SERVICE LINE ADJUSTMENTS LF 822 5 41.00 $ 33,702.00 D B36 TYPE 'C' PREFABRICATED STOP BAR STRIPING (24. INCH) LF 64 $ 17.00 $ 1,088.00 D - B37 TYPE 1 REFLECTIVE PAVEMENT MARKING (YELLOW) (SOLID) (4 -INCH) LF 1,020 $ 1.35 S 1,377.00 D - B38 RAISED PAVEMENT MARKERS (TYPE II -A -A) EA 13 5 11.00 $ 143.00 D B39 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS LS 1 $ 25,000.00 S 25,000.00 D - 040 SINGLE COURSE SURFACE TREATMENT SY 35,823 5 3.45 $ 123,589.35 SUBTOTAL PART B - STREET IMPROVEMENTS (Items D -B1 thru D -B40) $ 1,714,353.00 Part C - ADA IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D - C1 MOBILIZATION (MAX. 5% PART 0) LS 1 S 26,000.00 S 26,000.00 D - C2 4 -INCH CONCRETE SIDEWALK SF 20,018 5 11.00 S 220,198.00 D - C3 SIDEWALK DEMOLITION SF 20,018 $ 2.95 5 59,053.10 D - C4 CONCRETE CURB RAMP SF 7,756 $ 28.00 $ 217,168.00 D - C5 CURB RAMP DEMOLITION SF 7,756 $ 4.40 5 34,126.40 D - C6 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (12- INCH) LF 50 $ 8.70 S 435.00 D - C7 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (24- INCH) LF 432 $ 17.00 $ 7,344.00 SUBTOTAL PART C - ADA IMPROVEMENTS (Items D-01 ihru D -C7) $ 564,324.50 Part D - DRAINAGE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D - 01 MOBILIZATION (MAX. 5% PART D) LS 1 5 27,000.00 $ 27,000.00 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT D - 026 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS LS 1 0 10,000.00 0 10,000.00 SUBTOTAL PART D - DRAINAGE IMPROVEMENTS (D -D1 THRU D -D26) S 586,154.75 Part E - WATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D - El MOBILIZATION (MAX. 5% PART E) LS 1 $ 3,000.00 $ 3,000.00 D - E2 6 -INCH OR 8 -INCH A.C.P. WATERLINE TO BE REMOVED AND DISPOSED LF 2 S 54.00 S 108.00 D - E3 6 -INCH OR 8 -INCH A.C.P. TO D.I. COUPLINGS EA 2 $ 1,460.00 $ 2,920.00 D - E4 6 -INCH WATERLINE ADJUSTMENT EA 2 $ 6,340.00 $ 12,680.00 D - E5 8 -INCH WATERLINE ADJUSTMENT EA 2 $ 6,890.00 $ 13,780.00 D - E6 FIRE HYDRANT ASSEMBLY TYPE 1 (INCLUDES MAIN LINE FITTING) EA 2 S 7,430.00 $ 14,860.00 D - E7 FIRE HYDRANT ASSEMBLY TYPE 2 (INCLUDES MAIN LINE FITTING) EA 2 $ 6,990.00 $ 13,980.00 D E8 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS LS 1 S 5,000.00 $ 5,000 00 SUBTOTAL PART E - WATER IMPROVEMENTS (D -E1 THRU D -L8) $ 66,328.00 Part F - WASTEWATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D - F1 MOBILIZATION (MAX. 5% PART F) LS 1 5 100.00 $ 100.00 D - F2 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS LS 1 $ 2,000.00 $ 2,000.00 SUBTOTAL PART F - WASTEWATER IMPROVEMENTS (D -F1 THRU D -F2) S 2,100.00 Part G -GAS IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D - G1 MOBILIZATION (MAX. 5% PART G) LS 1 S 30.00 5 30.00 D G2 EXCAVATION, BACKFILL AND COMPACTION OF TRENCH FOR GAS LINE (ADJUSTMENT TO BE COMPLETED BY THE CITY GAS DEPARTMENT) LF 30 5 38.00 $ 1,140.00 SUBTOTAL PART G - GAS IMPROVEMENTS (D -G1 THRU D -G2) 5 1,170.00 TOTAL PROJECT BASE BID D (PARTS A THRU G) $ 3 131,483.15 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT D - 02 DEMOLITION OF EXISTING INLET (0 - 5 FEET DEEP) EA 2 S 1,130.00 5 2,260.00 D - D3 EXISTING CURB INLET TOP ADJUSTMENT (REMOVE AND REPLACE, 5' THROAT TYP.) EA 2 S 3,970.00 $ 7,940.00 D - 04 NEW CURB INLET (5' THROAT OPENING) (I.D. 3.5' X 5') 0 - 5 FEET DEEP EA 2 $ 5,670.00 S 11,340.00 D- D5 NEW CURB INLET (5' THROAT OPENING) (I.D. 4.5' X 5') 5 - 10 FEET DEEP EA 2 S 8,510.00 S 17,020.00 D - D6 NEW CURB INLET EXTENSION (5' THROAT OPENING) (1.0. 2' X 5') EA 2 S 1,700.00 S 3,400.00 D - 07 NEW 4 -INCH CURB AND GUTTER LF 3,001 $ 60.00 $ 180,060.00 D - D8 NEW 6 -INCH CURB AND GUTTER LF 1,166 S 61.00 S 71,126.00 D 09 TYPE 'B' STORM MANHOLE (I.D. 4'X4') 0 - 5 FEET DEEP EA 2 S 6,810.00 S 13,620.00 0 010 TYPE 'C' STORM MANHOLE (I.D. 4'X4') 5 - 7 FEET DEEP EA 2 S 9,080.00 S 18,160.00 0 - 011 CURB & GUTTER DEMOLITION (4 -INCH, 6 -INCH AND DRIVEWAY) LF 4,167 5 15.00 $ 62,505.00 D - D12 VALLEY GUTTER SF 4,125 S 30.00 $ 123,750.00 0 - D13 VALLEY GUTTER DEMOLITION SF 4,125 S 5.15 $ 21,243.75 D 014 18 -INCH ARCH REINFORCED CONCRETE PIPE (CLASS IV) LF 30 5 170,00 5,100.00 D - 015 18 -INCH REINFORCED CONCRETE PIPE (CLASS III) LF 30 $ 85.00 $ 2,550.00 D 016 24 -INCH ARCH REINFORCED CONCRETE PIPE (CLASS III) LF 30 $ 142.00 S 4,260.00 D - 017 CONCRETE COLLAR (18-24 INCH PIPE) EA 2 S 567.00 $ 1,134.00 D - D18 CONCRETE COLLAR (36 INCH PIPE) EA 2 $ 681.00 $ 1,362.00 D - D19 REMOVAL OF REINFORCED CONCRETE PIPE (12 - 15 INCH) LF 30 3 11.00 $ 330.00 D - 020 REMOVAL OF REINFORCED CONCRETE PIPE (18 - 24 INCH) LF 30 S 17.00 $ 510.00 D 021 REMOVAL OF REINFORCED CONCRETE PIPE (36 INCH) LF 30 S 23.00 $ 690.00 0 - 022 TRENCH SAFETY FOR STORMWATER LINES (0 - 5 FEET DEEP) LF 30 $ 1.15 $ 34.50 D - D23 TRENCH SAFETY FOR STORMWATER LINES (5 - 10 FEET DEEP) LF 30 S 5.65 $ 169.50 0 - D24 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'B' MANHOLE (0 - 5 FEET DEEP) EA 2 $ 11.00 $ 22.00 D - D25 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'C' MANHOLE (5 - 10 FEET DEEP) EA 2 S 284.00 $ 568.00 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA ItemDESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid E Part A - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E - Al MOBILIZATION (MAX. 5% PART A) LS 1 S 5,000.00 $ 5,000.00 E - A2 BONDS AND INSURANCE LS 1 $ 25,000.00 $ 25,000.00 E -A3 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) (PER STREET SEGMENT EXCLUDING SILT FENCE AND INLET PROTECTION) EA 9 S 7,000.00 S 63,000.00 E - A4 SILT FENCE (FOR SWPPP) LF 30 S 11.00 $ 330.00 E -A5 INLET PROTECTION (FOR SWPPP) EA 44 $ 170.00 $ 7,480.00 E - A6 OZONE ACTION DAYS DAY 9 $ 1.15 5 10.35 E - A7 TRAFFIC CONTROL (PLAN PREPARATION) EA 9 5 1,760.00 5 15,840.00 E - A8 TRAFFIC CONTROL (MOBILIZATION, IMPLEMENTATION, AND ADJUSTMENTS) MO 14 $ 5,000.00 $ 70,000.00 E - A9 DOOR HANGERS, PRINTED AND DELIVERED (2 PER RESI DENCE) EA 414 $ 5.65 $ 2,339.10 E Al0 ALLOWANCES FOR UNANTICIPATED GENERAL ACTIVITIES LS 1 S 10,000.00 5 10,000.00 SUBTOTAL PART A - GENERAL (Items E -A1 thru E -A10) S 198,999.45 Part 8 - STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E - B1 MOBILIZATION (MAX. 5% PART B) LS 1 $ 78,000.00 $ 78,000.00 E - B2 REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT (0-2 INCH) SY 31,443 5 2.85 $ 89,612.55 E - B3 REHABILITATION - REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT OR BASE SY-IN 6,600 $ 1.05 $ 6,930.00 E - B4 REHABILITATION - SURFACE PREPARATION SY 1,100 5 3.40 I $ 3,740.00 E - B5 '1.5 INCH HMAC (TYPE D) SY 4,697 S 13.00 $ 61,061.00 E - B6 2 INCH HMAC (TYPE D) SY 25,646 S 15.00 $ 384,690.00 E -B7 31NCH HMAC (TYPE D) SY 1,100 S 18.00 $ 19,800.00 E - B8 PRIME COAT, MC -30 (0.20 GAL/SY) GAL 6,289 $ 4.60 $ 28,929.40 E - B9 CRUSHED LIMESTONE BASE (TYPE A, GRADE 1-2) SY-IN 16,193 5 3.00 $ 48,579.00 E - B10 TENSAR GEOGRID (TX5) SY 3,354 3 4.00 $ 13,416.00 E - B11 8 INCH LIME STABILIZED SUBGRADE SY 3,354 5 14.00 $ 46,956.00 E B12 12 INCH MOISTURE CONDITIONED COMPACTED SUBGRADE SY 2,699 S 3.00 $ 8,097.00 E - B13 REHABILITATION - 8 INCH LIME TREATED BASE AND SUBGRADE SY 25,646 $ 8.00 $ 205,168.00 E B14 REHABILITATION - CEMENT TREATED BASE AND SUBGRADE (MIN 4") SY IN 23,486 5 1.75 $ 41,100.50 E B15 RECONSTRUCTION - STREET EXCAVATION (0-12 INCH) SY 2,699 $ 8.05 $ 21,726.95 E B16 RECONSTRUCTION - STREET EXCAVATION (12-24 INCH) SY 2,699 S 14.00 $ 37,786.00 E - B17 REHABILITATION - FULL DEPTH REPAIR SY 1,405 S 42.00 $ 59,010.00 E - B18 PAVEMENT REPAIR SF 646 $ 7.55 S 4,877.30 E B19 RAISED PAVEMENT MARKERS (TYPE II -B -B) (FIRE HYDRANT MARKING) EA 11 $ 13.00 $ 143.00 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT E - B20 CONCRETE DRIVEWAY DEMOLITION SF 12,992 $ 4.40 $ 57,164.80 E - B21 6 -INCH CONCRETE DRIVEWAY SF 12,992 $ 15.00 $ 194,880.00 E - B22 ADJUSTMENT OF EXISTING MANHOLE RINGICOVER IN ROADWAY (SEWER, STORM) EA 26 $ 2,480.00 $ 64,480.00 E - B23 ADJUSTMENT OF EXISTING VALVE BOX (WATER, GAS) EA 3 $ 1,080.00 $ 3,240.00 E - B24 SPEED TABLE/SPEED HUMP EA 4 $ 6,010.00 $ 24,040.00 E - B25 REMOVE EXISTING CHAIN LINK FENCE AND REPLACE WITH NEW LF 100 $ 33.00 $ 3,300.00 E - B26 REMOVE EXISTING WOODEN FENCE AND REPLACE WITH NEW LF 100 $ 22.00 $ 2,200.00 E - B27 NEW REGULATORY SIGNAGE EA 53 $ 136.00 $ 7,208.00 E - B28 NEW STREET BLADE NAME SIGNS EA 50 $ 163.00 $ 8,150.00 E - B29 RELOCATION OF EXISTING SIGNAGE EA 10 $ 271.00 $ 2,710.00 E - B30 REMOVAL OF EXISTING SIGNAGE EA 41 $ 60.00 $ 2,460.00 E - B31 SIGN SUPPORT ASSEMBLY (WEDGE ANCHOR STEEL SYSTEM) EA 34 $ 190.00 $ 6,460.00 E - B32 SIGN SUPPORT ASSEMBLY (TRIANGULAR SLIPBASE SYSTEM) EA 7 $ 352.00 $ 2,464.00 E - B33 REMOVE AND REPLACE EXISTING MAILBOX EA 5 $ 256.00 $ 1,280.00 E - B34 SODDING, CLEARING AND GRADING SY 1,831 $ 19.00 $ 34,789.00 E - B35 WATER SERVICE LINE ADJUSTMENTS LF 312 $ 35.00 $ 10,920.00 E - B36 TYPE 'C' PREFABRICATED STOP BAR STRIPING (24.LF INCH) 157 $ 17.00 $ 2,669.00 E - B37 TYPE 1 REFLECTIVE PAVEMENT MARKING (YELLOW) (SOLID) (4 -INCH) LF 780 $ 1.35 $ 1,053.00 E - B38 RAISED PAVEMENT MARKERS (TYPE II -A -A) EA 10 $ 11.00 $ 110.00 E - B39 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS LS 1 $ 25,000.00 $ 25,000.00 E - B40 SINGLE COURSE SURFACE TREATMENT SY 31,443 $ 3.45 $ 108,478.35 SUBTOTAL PART B - STREET IMPROVEMENTS (Items E -B1 thru E -B40) $ 1,722,678.85 Part C - ADA IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E - C1 MOBILIZATION (MAX. 5% PART C) LS 1 $ 24,000.00 $ 24,000.00 E - C2 4 -INCH CONCRETE SIDEWALK SF 24,112 $ 11.00 $ 265,232.00 E - C3 SIDEWALK DEMOLITION SF 24,112 $ 2.95 $ 71,130.40 E - C4 CONCRETE CURB RAMP SF 4,620 $ 28.00 $ 129,360.00 E - C5 CURB RAMP DEMOLITION SF 4,620 $ 4.40 $ 20,328.00 E -C6 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (12- INCH) LF 50 $ 8.70 $ 435.00 E - C7 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (24- INCH) LF 270 $ 17.00 $ 4,590.00 SUBTOTAL PART C - ADA IMPROVEMENTS (Items E -C1 thru E -C7) $ 515,075.40 Part D - DRAINAGE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E - D1 'MOBILIZATION (MAX. 5% PART D) 1 LS 1 1 1 $ 20,000.00 1 $ 20,000.00 • DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT E - D2 DEMOLITION OF EXISTING INLET (0 - 5 FEET DEEP) EA 2 $ 1,130.00 $ 2,260.00 E - D3 EXISTING CURB INLET TOP ADJUSTMENT (REMOVE AND REPLACE, 5' THROAT TYP.) EA 2 $ 3,970.00 $ 7,940.00 E - D4 NEW CURB INLET (5' THROAT OPENING) (I.D. 3.5' X 5') 0 - 5 FEET DEEP EA 2 $ 5,670.00 $ 11,340.00 E - D5 NEW CURB INLET (5' THROAT OPENING) (I.D. 4.5' X 5') 5 -10 FEET DEEP EA 2 $ 8,510.00 $ 17,020.00 E - D6 NEW CURB INLET EXTENSION (5' THROAT OPENING) (I.D. 2' X 5') EA 2 $ 1,700.00 $ 3,400.00 E - D7 NEW 4 -INCH CURB AND GUTTER LF 1,554 $ 60.00 $ 93,240.00 E - D8 NEW 6 -INCH CURB AND GUTTER LF 2,631 $ 61.00 $ 160,491.00 E - D9 TYPE'B' STORM MANHOLE (I.D. 4'X4') 0 - 5 FEET DEEP EA 2 $ 6,810.00 $ 13,620.00 E - D10 TYPE 'C' STORM MANHOLE (I.D. 4'X4') 5 - 7 FEET DEEP EA 2 $ 9,080.00 $ 18,160.00 E - D11 CURB & GUTTER DEMOLITION (4 -INCH, 6 -INCH AND DRIVEWAY) LF 4,185 $ 15.00 $ 62,775.00 E - D12 VALLEY GUTTER SF 615 $ 30.00 $ 18,450.00 E - D13 VALLEY GUTTER DEMOLITION SF 615 $ 5.15 $ 3,167.25 E - D14 18 -INCH ARCH REINFORCED CONCRETE PIPE (CLASS IV) LF 30 $ 170.00 $ 5,100.00 E - D15 18 -INCH REINFORCED CONCRETE PIPE (CLASS III) LF 30 $ 85.00 $ 2,550.00 E - D16 24 -INCH ARCH REINFORCED CONCRETE PIPE (CLASS III) LF 30 $ 142.00 $ 4,260.00 E - D17 CONCRETE COLLAR (18-24 INCH PIPE) EA 2 $ 567.00 $ 1,134.00 E - D18 CONCRETE COLLAR (36 INCH PIPE) EA 2 $ 681.00 $ 1,362.00 E - D19 REMOVAL OF REINFORCED CONCRETE PIPE (12 - 15 INCH) LF 30 $ 11.00 $ 330.00 E - D20 REMOVAL OF REINFORCED CONCRETE PIPE (18 - 24 INCH) LF 30 $ 17.00 $ 510.00 E - D21 REMOVAL OF REINFORCED CONCRETE PIPE (36 INCH) LF 30 $ 23.00 $ 690.00 E - D22 TRENCH SAFETY FOR STORMWATER LINES (0 - 5 FEET DEEP) LF 30 $ 1.15 $ 34.50 E - D23 TRENCH SAFETY FOR STORMWATER LINES (5 - 10 FEET DEEP) LF 30 $ 5.65 $ 169.50 E - D24 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'B' MANHOLE (0 - 5 FEET DEEP) EA 2 $ 11.00 $ 22.00 E - D25 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'C' MANHOLE (5 -10 FEET DEEP) EA 2 $ 284.00 $ 568.00 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT E - D26 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART D - DRAINAGE IMPROVEMENTS (E -D1 THRU E -D26) $ 458,593.25 Part E - WATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E - El MOBILIZATION (MAX. 5% PART E) LS 1 $ 3,000.00 $ 3,000.00 E - E2 6 -INCH OR 8 -INCH A.C.P. WATERLINE TO BE REMOVED AND DISPOSED LF 2 $ 54.00 $ 108.00 E - E3 6 -INCH OR 8 -INCH A.C.P. TO D.I. COUPLINGS EA 2 $ 1,460.00 $ 2,920.00 E - E4 6 -INCH WATERLINE ADJUSTMENT EA 2 $ 6,340.00 $ 12,680.00 E - E5 8 -INCH WATERLINE ADJUSTMENT EA 2 $ 6,890.00 $ 13,780.00 E - E6 FIRE HYDRANT ASSEMBLY TYPE 1 (INCLUDES MAIN LINE FITTING) EA 2 $ 7,430.00 $ 14,860.00 E - E7 FIRE HYDRANT ASSEMBLY TYPE 2 (INCLUDES MAIN LINE FITTING) EA 2 $ 6,990.00 $ 13,980.00 E E8 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS LS 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART E - WATER IMPROVEMENTS (E -E1 THRU E -E8) $ 66,328.00 Part F - WASTEWATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E - F1 MOBILIZATION (MAX. 5% PART F) LS 1 $ 100.00 $ 100.00 E - F2 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS LS 1 $ 2,000.00 $ 2,000.00 SUBTOTAL PART F - WASTEWATER IMPROVEMENTS (E -F1 THRU E -F2) $ 2,100.00 Part G -GAS IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E - G1 MOBILIZATION (MAX. 5% PART G) LS 1 $ 30.00 $ 30.00 E - G2 EXCAVATION, BACKFILL AND COMPACTION OF TRENCH FOR GAS LINE (ADJUSTMENT TO BE COMPLETED BY THE CITY GAS DEPARTMENT) LF 30 $ 38.00 $ 1,140.00 SUBTOTAL PART G - GAS IMPROVEMENTS (E -G1 THRU E -G2) $ 1,170.00 TOTAL PROJECT BASE BID E (PARTS A THRU G) $ 2 964,944.95 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS, That we, Haas -Anderson Construction, Ltd. , as Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto City of Corpus Christi, Texas, as Obligee, in the sum of Five Percent (5%) of Amount Bid by Principal Dollars ($Five Percent (5%) of Amount Bid by Principal) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for Project No. 18164A Residential Street Rebuild Program Year 2019 ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 15 day of April, 2020. Haas -Anderson Construction, Ltd. (Principal) By: j?„ „ / c //� < <_ s President, Haas -Anderson Management L.C,, General Partner Travelers Casualty and Surety Company of America Lonna Pokrant, Attorney -in -Fact DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Lonna Pokrant of CORPUS CHRISTI Texas , their true and lawful Attorney -in -Fact to sign. execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. State of Connecticut By: City of Hartford ss. Robert L. Ranenior Vice President On this the 17th day of January, 2019, before me personalty appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company. and that he, as such. being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF. I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Anna P Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President. any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds. recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance. or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman. the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond. recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authonty or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the fo[Iowing officers: President, any Executive Vice President, any Senior Vice President, any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 15 day of }.�(}r 1 , (0 Kevin E. Hughes. AssAss Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-422-3880. Please refer to the above-named Attorney -in -Fact and the details of the frond to which this Power of Attorney it attached. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA STPAUL TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST RFB No. 2998 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: Haas -Anderson Construction, Ltd. P. O. BOX: 690_ CITY: Corpus C146,0-) STATE: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association i4oz Hurl, TX ZIP: '7?1‘17 2. Partnership 5.Other 3.Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." / N Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 1A_ Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name L r Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: U., , 41,5 Signature of Certifying Person: President, Haas -Anderson Management L.C., Title: General Partner aD orb Date: 4)- ��`� DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BUSINESS DESIGNATION FORM RFB No. 2998 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: YES liA NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: n 1 1 ASIAN PACIFIC BLACK HISPANIC NATIVE AMERICAN WOMAN Please visit the following website for information on becoming a Texas Certified HUB: http://www.window.statelx.usiorocurementhDroothub/ Il YES I&/NO - LOCAL SMALL BUSINESS (LSB) A for-profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas YES NO OTHER (PLEASE SPECIFY): IP< THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Firm Name: Address: City: Haas -Anderson Construction, Ltd. �Q kcL orpo_s (i irl 1 State: 1 X l Zip: `784'7 Signature of Person Authorized to Sign Form Signer's Name: Oo, f-rgq_s (Please print or type) Telephone: Fax: -ac-3c- Ext E-mail: Cu�,/�h Date: President, Haas -Anderson Management LC., TitleGeneral Partner DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA CITY OF CORPUS CHRISTI Ethical Behavior Form RFB No. 2998 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A By submission of its bid, the Bidder promises that Bidder's officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Bidder's proposal submitted in response to this RFB, directly or indirectly, through any contact with City Council members or other City officials between the date this RFB is released to the public and the date a Contract is executed by the City Manager or designee. Such behavior will be cause for rejection of the Bidder's bid at the discretion of the City Manager or designee. Indicate your written assurance that your Firm's officers, employees, or agents will not attempt to lobby or influence a vote or recommendation related to the Firm's RFB response. Do, 40,9_5 confirms no officers, employees, and/or agents will attempt to lobby or influence a vote or recommendation related to the Firm's RFB response; directly or indirectly, through any contact with the City Council Members or other City officials between the RFB submission date and award by the City Council. Name: Signature: Company: 0.O. H9ss President, Haas -Anderson Management L.C., pfireral Partner pc, Haas -Anderson Construction, Ltd. Date: Id—a;•-.—�� DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code. by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. OFFICE USE ONLY Date Received II Name of vendor who has a business relationship with local governmental entity. Haas -Anderson Construction, Ltd. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J -31 Name of local government officer about whom the information is being disclosed. O 4 1199/ Name of Officer Describe officer, Complete CIO each employment or other business relationship with the local government officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with subparts A and B for each employment or business relationship described. Attach as necessary. 14/ A- A. Is the local government officer or a family member of the officer receiving or likely other than investment income, from the vendor? or a family member of the the local government officer. additional pages to this Form to receive taxable income, income, from or at the direction income is not received from the A)/ Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment of the local government officer or a family member of the officer AND the taxable local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. of the officer one or more gifts Check this box if the vendor has given the local government officer or a family member as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA TABLE 1 - ORGANIZATION INFORMATION Organization doing business as: Haas -Anderson Construction, Ltd. Business Address of Principal Office 1402 Holly Rd. Corpus Christi, TX 78417 Telephone 361-853-2535 Website www.haas-anderson.com Form of Business (check one) 0 Corporation X Partnership ❑ Individual If a Corporation State of Incorporation Date of Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization 12/31/1991 Form of Partnership: 0 General X Limited If an Individual Name Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership HAC Holdings LLP 99 Haas -Anderson Management LC 1 Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date HAC Materials, Ltd. 12/31/2004 Present Indicators of Organization Size Average number of current full-time employees Confidential Average estimate of revenue for the current year Confidential DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 1 - Organization Information Organization doing business as: Haas -Anderson Construction, Ltd. Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Organization doing business as: Year 1 Old Robstown Rd. - Up River Rd. to Agnes 2019 2 Gollihar - Kostoryz to Weber 2019 3 La Volla Creek - Phase 1 2018 4 Southern Minerals Rd. - Up River Rd. to IH 37 2018 5 SPMP Year 3 Overlays 2018 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year 2019 EMR 0.89 Year 2018 EMR 0.94 Year 2017 EMR 0.96 Previous Bidding and Construction Experience - Answer all question Yes or No. Has Bidder or a predecessor organization been debarred within the last 10 years? List debarring entities below and provide full details in a separate attachment if yes. NO X YES Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO X YES Has Projects Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List below and provide full details in a separate attachment if yes. NO X YES Has to it? Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded List Projects below and provide full details in a separate attachment if yes. NO X YES Has Bidder or a predecessor organization been involved in claims or litigation involving project the last 10 years? List Projects below and provide full details in a separate attachment YES owners within if yes. NO X Have begun amount been liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials within the preceding 3 years? Specify the name and address of the party holding the lien or and basis for the lien or claim, and an explanation of why the lien has not been released or that paid if yes. NO X YES on any projects making the claim, the the claim has not DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 2 - Project Information Organization doing business as: Haas -Anderson Construction, Ltd. Proposed Project Organization Provide a brief description names and functional Superintendent, Safeti of the organizational structure proposed for this project indicating the roles of proposed key personnel and alternates. Provide resumes for Project Manager, Manager and Quality Control Manager. Position Primary Alternate Project Manager Coordinates with Owner's Rep See attached list of possible personnel Superintendent Plans and Executes the work through Foremen See attached list of possible personnel Safety Manager We have a full time safety manager that oversees all of our projects See attached list of possible personnel Quality Control Manager Same as Superintendent See attached list of possible personnel Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Work Estimated Percentage of Contract Price Hot Mix, Base Repairs, Manhole Adjustments HAC (Self -Perform) Over 60% Concrete Work Epic Energy Services TBD Barricades, Striping Highway Barricades TBD Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 3 - Projects Awarded during the Last 5 Years Organization doing business as: Haas -Anderson Construction, Ltd. Project Information Project Name See attached Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 3 - Projects Awarded during the Last 5 Years - Not including City of Corpus Christi Projects Organization doing business as: Haas -Anderson Construction, Ltd. Project Information Project Name See attached Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Proiect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 3 - Projects Awarded during the Last 5 Years - Not including City of Corpus Christi Projects Organization doing business as: Haas -Anderson Construction, Ltd. Project Information Project Name See attached Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 4 - Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Haas -Anderson Construction, Ltd. Bidder's Safety Record and Experience Has the (date include penalty Bidder received any Citations for violations of OSHA within the and location of Citation) and provide full details in a separate the type of violation or offense, the final disposition of assessed. NO X YES past five (5) years? List Citations below attachment if yes. The full details must the violation or offense, if any, and the Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. NO X YES Has the Bidder, within the past ten (10) years, been convicted of a judgment for a negligent act or omission, which resulted in serious bodily judgments below and provide full details in a separate attachment criminal offense or been subject to a injury or death? List convictions or if yes. NO X YES The Owner will consider' the following information as additional support to make a determination as to the responsibility of the Bidder. The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? X Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? X Yes ❑ No 3 Does the Bidder have an active construction safety training program? X Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding X Yes ❑ No ❑ N/A B. Excavation X Yes ❑ No ❑ N/A C. Cranes & Hoists X Yes ❑ No o N/A D. Electrical X Yes ❑ No ❑ N/A DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 4 - Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Haas -Anderson Construction, Ltd. E. Fall Protection X Yes ❑ No ❑ N/A F. Confined Spaces X Yes ❑ No ❑ N/A G. Material Handling X Yes ❑ No ❑ N/A H. Demolition X Yes ❑ No ❑ N/A I. Steel Erection X Yes ❑ No ❑ N/A J. Underground Construction X Yes ❑ No ❑ N/A 5 Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System ("NAICS") Category 23 for each of the past five (5) years? Provide the Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. X Yes ❑ No 6 Does the Bidder have an experience modifier rate of 1.0 or less? Provide the Bidder's NCCI workers' compensation experience rating sheets for the past five (5) years in a separate attachment. X Yes o No 7 Has the Bidder had any OSHA inspections within the past six (6) months? Provide documentation showing the nature of the inspection, the findings, and the magnitude of the issues in a separate attachment if yes. ❑ Yes X No DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Table 5 - Demonstrated Minority, MBE, DBE Participation Organization doing business as Haas -Anderson Construction, Ltd. Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price Epic Energy Services Concrete Work TBD Highway Barricades and Services, LLC Barricades and Striping TBD TOTAL over 15% DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Bidder: By: Name: Title: CERTIFICATION By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Haas -Anderson Construction, Ltd. (typed or printed) D; D•1 -1019s (individual's signature) (typed or printed) President, Haas -Anderson Management L.C., General Partner (typed or printed) Designated Representative: Name: Title: Address: £L*J (//eo Vice President, Haas -Anderson Management LC., General Partner 140a #0/(2( a 6r-puf ar-;,s+r, r7X 1.??419 Telephone No.: s// / 6 �` g `- �� Email: dCu11 tel,+ €_ cros_ 9 END OF SECTION DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA WIP 1/1/2020 Job # Name 314 CC: Carroll Lane 315 CC: Old Robstown Rd. 320 Fulton: Baker School 326 Teal: AEP Callicoate 329 Nueces: SH 44 331 San Pat US 181 332 CC: Rodd Field Rd 333 Spaw: Gulf Coast Cement 334 US Ecology Sitework 335 Kleberg: US 77 336 San Pat: SH 361 337 Port: Fulton Corridor 339 CC: Ayers St. 340 Nueces: Ferry Approaches 341 Fulton:Carroll High School 342 Steel Dynamics 343 CC: PR 22 Bridge 344 Nueces: SH 361 345 Nueces: SH 358 346 Nueces: US 77 347 Mako: IB Magee Paving Contract 22 Projects 1/1/2020 Materials 270,000 T TOTAL CONTRACTS AND MATERIALS 6,458 5,572 2,460 1,710 38,454 15,443 15,325 1,529 4,112 4,658 3,499 1,228 11,016 8,997 8,092 5,332 13,944 2,995 1,067 466 613 152,970 $000's Est. Earned Remaining Remaining Comp. 4,223 5,541 1,805 1,753 19,040 9,096 6,297 79 2,330 0 2,860 1,073 0 1,540 270 810 0 0 0 0 0 2,235 31 655 -43 19,414 6,347 9,028 1,450 1,782 4,658 639 155 11,016 7,457 7,822 4,522 13,944 2,995 1,067 466 613 34.61% Apr'20 0.56% Aug '19 26.63% Feb '20 -2.51% TBD 50.49% Nov '21 41.10% Jly '20 58.91c1/0 Apr '21 94.83% Dec'19 43.34% Jan '20 100.00% Mar '20 18.26% Dec '19 12.62% Dec'19 100.00% Sep '21 82.88% Sep '20 96.66% TBD 84.81% TBD 100.00% TBD 100.00% TBD 100.00% TBD 100.00% 100.00% 56,717 96,253 62.92% 17,480 113,733 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Haas -Anderson Construction, Ltd. Supplemental Schedule 2. How many years has your organization been in business as a general contractor under your present business name? 19 years as Haas -Anderson Construction, Ltd. 10 years as Haas -Anderson Construction, Inc. 10 years as Haas Paving, Inc. 4. What projects has your organization completed in Texas and elsewhere? Contract Amount Class of Work Date Texas Completed Location Name & detailed address of official to whom you refer 13,279,653 Gollihar Road 5,586,988 Old Robstown Road 1,293,916 La Volta Drainage 1,689,265 FM 624 Overlay 2,174,657 FM 665 Overlay 1,877,226 Windsor Park School 859,486 Frost Bank 1,591,849 Cabanis Parking 386,806 Del Mar South 1,753,540 AEP Building 4,106,851 Portland Overlays 1,228,142 Fulton Corridor 05/2019 Nueces 10/2019 Nueces 03/2019 Nueces 08/2019 Nueces 08/2019 Nueces 10/2019 Nueces 09/2019 Nueces 10/2019 Nueces 10/2019 Nueces 11/2019 Nueces City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn: Jeff Edwards TXDOT, Dist 16 1701 S. Padre Island Dr. Corpus Christi, TX 78416 Attn: Chris Caron, P.E. Fulton Construction 1102 2nd St Corpus Christi, TX 78404 Attn: Phillip Skrobarczyk Teal Construction 5110 B IH 37 Corpus Christi, TX 78407 City of Portland 09/2019 San Patricio c/o Coym,Rehmet & Guterriez 5656 S. Staples, Suite 230 Corpus Christi, TX 78411 12/2019 Nueces Port of Corpus Christi 22 Power Street Corpus Christi, TX 78403 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Contract Amount Class of Work Date Completed Texas Name & detailed address of Location offical to whom you refer 4,660,415 15, 629,044 3,751,134 3,020,596 46,935,428 3,099,933 3,304,316 5,323,119 1,641,702 4,659,328 4,130,103 1,170,905 Ennis Joslin (New) Apr 2018 SPMP City Streets (Overlay) May 2018 Greenwood Dr (Reconstruct) Mar 2018 Southern Minerals (Reconstruct) May 2018 SH 286 (Reconstruct) US 77 (Overlay) SH 361 (Overlay) SH 361 (Reconstruct) AEP Service Center (New) Rincon Storage Yard (New) Mike Carrell Rd (New) Carmax (New) Jun 2018 Sep 2018 Dec 2018 Aug 2018 Oct 2018 Jul 2018 Dec 2018 Dec 2018 Nueces Nueces Nueces Nueces Nueces San Patricio San Patricio Nueces Nueces Nueces Nueces Nueces City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 TXDOT, Dist. 16 1701 S. Padre Island Dr. Corpus Christi, TX 78416 Teal Construction 5110 B IH -37 Corpus Christi, TX 78407 Port of Corpus Christi 22 Power St. Corpus Christi, TX 78403 EMJ Corporation 5525 N. MacArthur Blvd., Ste. 401 Irving, TX 75038 • DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA erson Construction, Ltd. Supplemental Schedule 2 How many years has your organization been in business as a general contractor under your present business name? 17 years as Haas -Anderson Construction, Ltd. 10 years as Haas -Anderson Construction, Inc. 10 years as Haas Paving, Inc. 4 What projects h Contract Amount as your organization completed in Texas and elsewhere? Class of Work Date Texas Name & detailed address of Completed Location official to whom you refer 13,281,423 5,456,265 3,354,139 2,537,539 1,871,456 6,650,274 4,873,213 2,634,023 1,202,604 3,387,418 1,047,199 2,053,469 920,538 SH 361 Reconstruct US 181 Overlay FM 631 Reconstruct FM 70 Widen SH 44 Overlay SH 361 Reconstruct FM 2441 Widen/Reconstruct US 77 Overlay SH 188 Overlay FM 43 Widen/Reconstruct Sitework at Aquarium Sitework at Flint Hills Sitework at Bayshore Park 1,273,847 CR 52 Reconstruct 1,411,588 CR 36 Reconstruct 10,269,091 3,558,083 727,295 Sitework at Outlet Mall City Streets Coast Guard Sitework Mar 2017 Nueces Apr 2017 San Patricio Feb 2017 San Patricio Dec 2017 Nueces Jan 2017 Nueces Dec 2017 Nueces June 2017 Bee Dec 2017 San Patricio Dec 2017 Aransas Nov 2017 Nueces July 2017 Nueces Dec 2017 Nueces Oct 2017 Nueces May 2017 Nueces June 2017 Nueces May 2017 Nueces July 2017 San Patricio Aug 2017 Nueces TXDOT, Dist. 16 1701 S. Padre Island Dr. Corpus Christi, TX 78416 Attn: Chris Caron, P.E. Fulton Construction 1102 2nd St. Corpus Christi, TX 78404 Attn: Philip Skrobarczyk Nueces County Public Works 901 Leopard St., Suite 103 Corpus Christi, TX 78401 Attn: Glenn Sullivan, P.E. Lockard Construction, Inc. 4501 Prarie Parkway Cedar Fall, IA 50613 City of Portland c/o Coym, Rehmet & Guterriez 5656 S. Staples, Suite 230 Corpus Christi, TX 78411 Harvey -Cleary Builders P.O. Box 42008 Houston, TX 77242-2008 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3E6298FB74AA Haas Anderson Construction, Ltd. Supplemental Schedule 2 How many years has your organization been in business as a general contractor under your present business name? 16 years as Haas -Anderson Construction, Ltd. 10 years as Haas -Anderson Construction, Inc. 10 years as Haas Paving, Inc. 4 What projects Contract Amount has your organization completed in Texas and elsewhere? Class of Work Date Completed Texas Location Name & detailed address of official to whom you refer 3,903,535 1,176,286 4,738,625 1,495,061 3,696,350 10,540,729 1,435,548 137 Overlay FM 888 Reconstruct US 77 Overlay FM 1717 Reconstruct Cefe Landfill Road SPMP Year 2 Overlays Santa Fe St Reconstruct May 2016 Jan 2016 Sept 2016 Dec 2016 May 2016 Sept 2016 Aug 2016 1,778,402 Sitework RTA Bldg. June 2016 1,724,639 Sitework Elementary School. Oct 2016 868,270 Martin St Extension Oct 2016 1,524,770 Bayridge Subd. #13 334,928 CR 48 Rehab Nueces Bee San Patricio Kleberg Nueces Nueces Nueces Nueces Nueces Nueces TXDOT, Dist. 16 1701 S. Padre Island Dr. Corpus Christi, TX 78416 Attn: Chris Caron, P.E. City of Corpus Christi 6802 S. Staples Corpus Christi, TX 78413 Attn: Valerie Gray, P.E. Fulton Construction 1102 2nd St. Corpus Christi, TX 78404 Attn: Philip Skrobarczyk Oct 2016 San Patricio Shaws Development 101 N. Shoreline, Ste. 600 Corpus Christi, TX 78401 Attn: John Wallace Nov 2016 Nueces Nueces County Public Works 901 Leopard St, Suite 103 Corpus Christi, TX 78401 Attn: Glenn Sullivan, P.E. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA ipplemental Schedule 2 How many years has your organization been in business as a general contractor under your present business name? 15 years as Haas -Anderson Construction, Ltd. 10 years as Haas -Anderson Construction, Inc. 10 years as Haas Paving, Inc. 4 What projects Contract Amount has your organization completed in Texas and elsewhere? Class of Work Date Completed Texas Location Name & detailed address of official to whom you refer 9,293,900 2,894,000 1,525,200 15,545,000 818,200 831,300 US 77 Completion FM 665 FM 2046 Rail Yard Storage Yard Terminal Pad 5,457,300 TPCO Roads 3,412,000 TPCO Detention Pond 960,000 TPCO Roads 4,961,300 2,469,700 873,500 1,055,000 585,400 1,158,900 Sitework CCISD Sitework CCISD Sitework A&M CC Sitework RTFC Sitework Andrews 1/15 9/15 9/15 5/15 1/15 9/15 7/15 11/15 11/15 11/15 9/15 10/15 12/15 12/15 Sitework Coast Guard 4/15 9,799,000 Street Repair IDIQ 916,400 Lipan/Columbia Sts. 433,500 1,232,000 Bayridge: 12 Subd. Cheniere Entrance 259,600 Skymine Sitework San Patricio Jim Wells San Patricio Nueces Nueces Nueces San Patricio San Patricio San Patricio Nueces Nueces Nueces Nueces Nueces Nueces 4/15 Nueces 5/15 Nueces 7/15 San Patricio 6/15 San Patricio 3/15 Nueces TXDOT, Dist. 16 1701 S. Padre Island Dr. Corpus Christi, TX 78416 Attn: Chris Caron, P.E. Port of Corpus Christi 222 Power St. Corpus Christi, TX 78401 Attn: Dave Michaelson, P.E. Jacobs Engineering 5995 Rogerdale Road Houston, TX 77072 Attn: Mike Montoya Fulton Construction 1102 2nd St. Corpus Christi, TX 78404 Attn: Philip Skrobarczyk Harvey -Cleary 8107 Springdale Rd., Ste. 105 Austin, TX 78724 Attn: Jason Beers City of Corpus Christi 6802 S. Staples Corpus Christi, TX 78413 Attn: Valerie Gray, P.E. Urban Engineering 2725 Swantner Corpus Christi, TX 78404 Attn: Murf Hudson, P.E. Kiewit Infrastructure South Co. 13119 Old Denton Rd. Ft. Worth, TX 76177 Attn: Scott Roe Presidio Contracting, LLC 10927 Wye St., Ste. 108 San Antonio, TX 78217 Attn: Ryan Railsback DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA NAME HAS HAAS -ANDERSON CONSTRUCTION LTD MANAGEMENT EXPERIENCE January 1, 2020 POSITION YRS. EXP YRS @ HAC Darryl Haas Partner & Pres. of Gen. Partner 43 39 Jim Parish, P.E. & RPLS Partner & Project Manager 36 26 Tim Lamon Partner & Gen. Superintendent 39 38 Drew Cullen, P.E. Partner, Proj. Mgr. & Estimator, & 21 15 V.P. of Gen. Partner Randall Moore Partner & Project Manager & 16 7 V.P. of Gen. Partner Clint Humes Project Manager 16 11 Scott Kelly Project Manager 9 4 Gary Trayler Safety/Human Resources Mgr. 41 23 Tony Brannon Superintendent 29 25 Serapio Coronado Superintendent 43 15 Brad Diggs Superintendent 25 17 Mark Fox Superintendent 23 15 Trevor Fuhrken Superintendent 18 16 James Pintens Superintendent 39 17 Roy Tijerina Superintendent 36 17 Robert Appling Superintendent 33 9 Mike Franklin Superintendent 32 9 Anthony Sanchez Superintendent 31 17 Manuel Ozuna Superintendent 35 31 Doug Satz HAC Materials Production Manager 31 20 Michael Jackson Fleet Materials Hauling Manager 18 16 Clint Brown Fleet Equipment Manager 11 3 Suzan Polansky Controller/Office Mgr. 37 8 1401 Holly Rd. • P.O. Box 7692 • Corpus Christi, Texas 78467 • 361/853-2535 • FAX 361/853-5564 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Nom WORKERS COMPENSATION EXPERIENCE RATING Risk Name: HAAS ANDERSON CONSTRUCTION LTD Rating Effective Date: 09/01/2019 Risk ID: 420222270 Production Date: 04/26/2019 State: TEXAS State Wt;: SRP Exp Excess Losses . Expected Losses Exp Prim Losses Act Exc Losses Ballast Act Inc Losses Act Prim Losses -rx I .261 0 276,3931 430,510 (A) Wt (B) (C) Exp Excess' Losses (D - E) (D)Expected Losses 154,117 1,187,362 (E) Exp Prim Losses (F) Act Exc Losses (H - I) 65,975 1,277,071 t (H) Act Inc Losses 419,379 (G) !Ballast .26 276,393 430,510 154,117 333,301 65,975 89,709 (I) Act Prim r . Losses 86,078 Primary Losses ". Stabilizing Value Ratable Excess Totals (I) Actual 86,078 C*(1-A)+G 270,506 (A) * (F) 86,658 (J) 443,242 (E) Expected 154,117 C*(1 -A)+G 270,506 (A) * (C) 71,862 (K) 496,485 ARAP• FLARAP SARAP ;.'MAARAP Exp Mod (J) / (K) Factors .89 REVISED RATING RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. RATING REVISED TO REFLECT APPROVED RATING VALUES Carrier: 12610 - 019 Policy: UB8N9863001926G Eff-Date: 09/01/2019 Exp -Date: 09/01/2020 Copyright 1993-2019, All rights reserved. This experience modification factor is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this experience rating modification factor or any part thereof may be used without the written consent of NCCI. NCCI makes no representation or warranty, expressed or implied, as to any matter whatsoever including but not limited to the accuracy of any information, product or service fumished hereunder and, as to NCCI, recipient of this experience rating modification factor subscribes to and utilizes the information service as is". V - Pagel oft DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA WORKERS COMPENSATION EXPERIENCE RATING mac Risk Name: HAAS ANDERSON CONSTRUCTION LTD Risk ID: 420222270 Rating Effective Date: 09/01/2018 Production Date: 04/04/2019 State: TEXAS State Wt SRP Exp Excess Losses Expected Losses Exp Prim Losses Act Exc Losses Ballast Act Inc Losses Act Prim Losses TX I .261 0 283,2361 445,185 161,949 717,512 70,350 829,213 111,701 (A) Wt (B) (C) •Exp Excess Losses (D - E) (D) Expected 'Losses (E) Exp Prim Losses (F) Act Exc Losses (H - I) (G) Ballast (H) Act Inc Losses (I) Act Prim Losses .26 283,236 445,185 161,949 382,931 70,350 488,466 105,535 Primary Losses Stabilizing Value Ratable Excess Totals Actual (1) 105,535 C * (1 - A) + G 279,945 (A) * (F) 99,562 (J) 485,042 Expected (E) 161,949 C * (1 - A) + G 279,945 (A) * (C) 73,641 (K) 515,535 ARAP - FLARAP SARAP . MAARAP Exp Mod Factors .94 REVISED RATING RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. REVISED RATING TO INCLUDE UPDATED DATA FOR: TX, POL. #: DTNUB4D40282216, EFF.: 09/01/2016 Carrier: 15318 - 019 Policy: UB7J9402991826G Eff-Date: 09/01/2018 Exp -Date: 09/01/2019 Copyright 1993-2019, All rights reserved. This experience modification factor is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition ot this experience rating modification factor or any part thereof may be used without the written consent of NCCI. NCCI makes no representation or warranty, expressed or implied, as to any matter whatsoever including but not limited to the accuracy of any information, product or service furnished hereunder and, as to NCCI, recipient of this experience rating modification factor subscribes to and utilizes the information service 'as ie. V - Page 1 of 3 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA WORKERS COMPENSATION EXPERIENCE RATING Risk Name: HAAS ANDERSON CONSTRUCTION LTD Risk ID: 420222270 Rating Effective Date: 09/01/2017 Production Date: 04/18/2018 State: TEXAS State Wt SRP Exp Excess Losses Expected Losses Exp Prim ' Losses > Act Exc Losses Ballast Act Inc Losses Act Prim Losses Tx 1 .261 0 274,2431 434,942 160,699 495,417 69,300 625,403 129,986 (A) Wt (B) (C) Exp Excess Losses (D - E) (D) Expected Losses (E) Exp Prim Losses (F) Act Exc Losses (H - 1) G) Ballast . (H) Act Inc Losses ' (I) Act Prim Losses .26 274,243 434,942 160,699 337,695 69,300 460,265 122,570 Primary Losses Stabilizing. Value Ratable Excess Totals Actual (1) 122,570 C*(1 -A)+G 272,240 (A) * (F) 87,801 (J) 482,611 Expected (E) 160,699 C * (1 - A) + G 272,240 (A) * (C) 71,303 (K) 504,242 ARAP ' FLARAP ` SARAP MAARAP Exp Mod Factors .96 REVISED RATING RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. REVISED RATING TO INCLUDE UPDATED DATA FOR: TX, POL. #: DTNUB4D40282215, EFF.: 09/01/2015 Carrier: 13439 - 019 Policy: UB7J9402991726G Eff-Date: 09/01/2017 Exp -Date: 09/01/2018 Copyright 1993.2018, All rights reserved. This experience modification factor is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this experience rating modification factor or any part thereof may be used without the written consent of NCCI. NCCI makes no representation or warranty, expressed or implied, as to any matter whatsoever including but not limited to the accuracy of any information, product or service fumished hereunder and, as to NCCI, recipient of this experience rating modification factor subscribes to and utilizes the information service 'as is". V - Page 1 of 3 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA WORKERS COMPENSATION EXPERIENCE RATING Risk Name: HAAS ANDERSON CONSTRUCTION LTD Risk ID: 420222270 Rating Effective Date: 09/01/2018 Production Date: 04/18/2018 State: TEXAS State Wt SRP Exp Excess Losses Expected Losses Exp Prim Losses Act Exc Losses Ballast Act Inc Losses Act Prim Losses Tx .26 0 283,236 445,185 161,949 762,806 70,350 874,507 111,701 (A) Wt (B) (C) Exp Excess Losses (D - E) (D) Expected Losses (E) Exp Prim Losses (F) Act Exc Losses (H -I) (G) Ballast (H) Act Inc Losses (I) Act Prim Losses .26 283,236 445,185 161,949 428,225 70,350 533,760 105,535 Primary Losses Stabilizing Value Ratable Excess Totals Actual (I) 105,535 C * (1 - A) + G 279,945 (A) * (F) 111,339 (J) 496,819 Expected (E) 161,949 C * (1 - A) + G 279,945 (A) * (C) 73,641 (K) 515,535 ARAP FLARAP SARAP MAARAP Exp Mod Factors (J) / (K) .96 RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. Carrier: 13439 - 019 Policy: UB7J9402991726G Eff-Date: 09/01/2017 Exp -Date: 09/01/2018 Copyright 1993-2018, All fights reserved. This experience modification factor is comprised of compilations and Information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this experience rating modification factor or any part thereof may be used without the written consent of NCCI. NCCI makes no representation or warranty, expressed or implied, as to any matter whatsoever including but not limited to the accuracy of any Information, product or service furnished hereunder and, as to NCCI, recipient of this experience rating modification factor subscribes to and utilizes the information service "as is". V - Page 1 of 3 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA WORKERS COMPENSATION EXPERIENCE RATING -NC= Risk Name: HAAS ANDERSON CONSTRUCTION LTD Risk ID: 420222270 Rating Effective Date: 09/01/2017 Production Date: 04/06/2017 State: TEXAS State Wt SRP Exp Excess Losses Expected Losses Exp Prim Losses Act Exc Losses Ballast Act Inc Losses Act Prim Losses Tx .26 0 274,243 434,942 160,699 495,417 69,300 627,153 131,736 (A) Wt (B) (C) Exp Excess Losses (D - E) (D) Expected Losses (E) Exp Prim Losses (F) Act Exc Losses (H - I) (G) Ballast (H) Act Inc Losses (I) Act Prim Losses .26 274,243 434,942 160,699 337,695 69,300 460,790 123,095 Primary Losses . Stabilizing Value Ratable Excess Totals Actual (1) 123,095 C * (1 - A) + G 272,240 (A) * (F) 87,801 (J) 483,136 Expected (E) 160,699 C * (1 - A) + G 272,240 (A) * (C) 71,303 (K) 504,242 ARAP FLARAP SARAP MAARAP Exp Mod Factors (J) / (K) .96 RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. Carrier: 12610 - 579 Policy: DTNUB4D40282216 Eff-Date: 09/01/2016 Exp -Date: 09/01/2017 Copyright 1993-2017, All rights reserved. This experience modification factor is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this experience rating modification factor or any part thereof may be used without the written consent of NCCI. NCCI makes no representation or warranty, expressed or implied, as to any matter whatsoever including but not limited to the accuracy of any information, product or service fumished hereunder and, as to NCCI, recipient of this experience rating modification factor subscribes to and utilizes the information service as is'. V - Page 1 of 3 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA this iig t§ - l fill gig ira 2 A as u a 7 ffi k pandd� glIg rug g .1. gli Post this Summary page from February 1 to April 30 of the year following the year covered by the form 0 1.73—R5 0. 73 CO oa g a. 0 sasseupliagio IM (9) 0 0 w 0 0 sedkr. sseupl pue ft.snrui 3 0 sl(ep;o aegwnN 0 au a Ms. Kg g . ' c 0 o N P� b � 3q ivi ro33 @$3 Oafi aka R N 9, ca u Ra a 0 b go a &I pWI� ti E! N 0 0 0 iii D N 0 o 3 W 0▪ 0 • 0 7 13 /� Q oy s ▪ Q ^^FDP CD 0. CD N cn CD co { w 1 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 9c 1-§ ig ? ka ata j11, 111 IsgE AIM wg • a sffig.• g S Injury Skin Disorder Respiratory Condition Poisoning 9 Hearing loss o� A11 other Illnesses o 1. gg .< r s� N a (D CD 0 aset at t aquusap C) N (11 (0 tD ro alelg sndho3 m 0X3 01 aweu luatuysgge)s3 Haas -Anderson Construction, Ltd 9LL0-82I 'ou gwo pancudde urrod O M Qt 0 O 0 3 o 53 Go O o 0 O.4 cn AIS IOM CD CD N 0 04 v C E E. 'C � !y g k c (D 2 O Vicr --C CD N O CO W N C) o0n (B) Employee's Name III Driver Labor i 5 a m om ZO o to r4Pr 3 _ E A o 0 paved road $de excavation (E) Where the event occurred (e.g. Loading dock north end) d cca co 5 N truck hit the portable toilet man inside bruises stepped on rock and twisted knee hit with dirt clod from excavator bruised back (F) Describe injury or illness. parts of body affected. and object/substance that directly injured or made person ill (e.g. Second degree bums on right forearm from acetylene torch) O O B 8 rJ CHECK ONLY ONE box for each case based on the most serious outcome for that case: N + _ H co Remained at work Job transfer Other record - or restriction able cases (J) t J n 'o o-. w x3K Enter the number of days the injured or ft worker was: O `rye 1111: e 4 w x x x a: Injury 3 m I g N o n i 0 o 73 Skin Disorder c Respiratory & Condition o Poisoning o Hearing loss 0 E3 All other illnesses o 1. gg .< r s� N a (D CD 0 aset at t aquusap C) N (11 (0 tD ro alelg sndho3 m 0X3 01 aweu luatuysgge)s3 Haas -Anderson Construction, Ltd 9LL0-82I 'ou gwo pancudde urrod O M Qt 0 O 0 3 o 53 Go O o 0 O.4 cn AIS IOM CD CD N 0 04 v C E E. 'C � !y g k c (D 2 O Vicr --C CD N O CO DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA suosilpuoo Ssowa!dsg (E) 0 sossaull! laspo IIt+ (9) 0 sJapsoslp u!KS (z) 0 ssol3uputli (s) 0 0 L o" crop 0 4 » •t moo^ -g 0 3 g.;.1 0 a o FP O 5-o 0 0 g < m a N�3 •Z ,C4mN N Ooh O 3 4 m'8 c. G3 �0 0 vio cm °a m`(i aa. (°`1c7 „▪ a „m J y b mg sg `Da c3 c o � N o3 ' a, 4 m i.)...3,. m -, 8 1 5; �p mO y O N wM c� , •s. m 3 3 oFO' co ▪ a. O X z O1 m ao ay Cm • a b' f a 3: m M m �m g w o a 0 °m $ o 3 bc•x ma 6—.0 ,w g 3. co s c. O. 3• g c m' 0 m 3a 30 N o N w g a C m e 8 m `° , y na v< 0 a am c ul is.�p m m N 4 o NM 3 m (voozivo •naa) VOOE WJOd SS VHSO CD (0'.01g 'FFn O m aet r cg A c8-6, 5.a co 4. (0 oma( o 0magt0 cu o. N m sir tit Q m DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Z l r e m ( 2 o (7o CD 73 th m m Vtil c» 441 • 1.s1; tog 0. a 0 6 iiih. "C Q 2 . 8�iI iI 11 ii II iI ?..-Mi � 1 gl' �I 1gl F. R g p ii a B. 1a6 to (D 11_ N co 73 (D Jappnq mod awuu s aado0m3 g. o iapinoys o} weds g I0 II 1 0 I .a a a 4r�r:��m�.r�uxi v roisnivg gflorins loss a V& ') i 2,h„mv. Ei Skin dismiss 13117= 3117 ebry Nndl4nn Zet Poisoning florins Ion NloJer Jln:ssa ks moo 3" g3N O vJ W 141 n 2.' �Vi D ar §a Or* 4o% FA 2'z a o4°'a ,z ;,1 9.l. 0 C 4 p 0. T o 3 ask e o a 000go o�0 (� ( •u'< 274 30320 a ��a. co9'(o co cr-o e. moa m ./-DID 0 .14 8 p Nr„,-� o. C � Q CD. o0.0ID L Eno ;(D /i�n+N.�.i o 0 ymi7 0a,8 21j 5=5N o.qm. m y 8 � erg �_.cD u 3yy. C O (11 coca O `(ry(fCppp7� a 0) 0D CD ,oIDv D(0 CD DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA suogipuoo xo;eildsag (g) 0 sassaullr iaq;o IIF (g) 0 siaploslp uPIS (Z) 0 ssol SuneaH (g) 0 w b O 0 J 5' oy 0 a0 m Aa < m m o co O� ' , 54 n m O O O n, O m J 1 O m� y o r C) CD o '1 CO j G o 0m 05 -� m� �b p0 00_ y� C •] e c' am m° 0'b C Vl O. -• G co m0= `4'-,-8 P.?: N ° O m`-•-�m'm' SCCC'-.. Nb ' O CD C) C° (1p CD C 0 0 A. 00 a W as o -0 ^ co Cp a. `m@ a y 0 O I co w^ o m 5 Ul ? N N3 CD Fic 0) O 0 0`O 0 0.0 a mm n0 61cm < dcp " o pD j �oO . CD .; 0 m 0 9 m m 0 m0 m 0 13_. CO ^ 0 0 T ° 3 z m ;1' 11343 N O0 0 Ca 0 N O b m 9w F a5 C O -C. y • Cp 4 'ern to 5O N G 0 m N N . N � 0 jC m N CDC 6) o m oa 0 O Q 0. y tD 3 o o m m O. yC' Ja. CO j CD 0i CD CD 0 O.1 W 0 N O CU ti(9, 3 m y l7 H IN Knowingly falsifying this document may result in a fine. 3' 5 ID Annual average number of employees 0) Standard Industrial Classification (SIC), if lmovm (e.g., 371 S) cn w N '0 co 369L X08 'O'd 1a2I's II II = II It Form approved OMB no. 1218.0176 ,Y ri (t7oozIi.o .Aaa) V000 LUJOd 3,104I -ISO 3 CO O 1 u. N O .-- 7 CDa' 0 • o N 5 O (p i m N fD C 03 o 30 a. 10 Cr bpm a�� 0• m examined this document and that to the best of my knowledge the entries are tete, accurate, and Knowingly falsifying this document may result in a (Inc. m 0 Annual average number of employees uontuuoJu) auawl(o(dw3 Standard Industrial Classification (SIC), if known (e.g., SIC 3715 c X ID O en 0 m a J Establishment information Forth approved OMB no. 1210.0176 z 0 0) 0) 0 N 0 () -n 0 5-3 3 N N •O P 0 61 0) e:e co tt to „. co a `: (D i1 o A N co 5 t i CD0) O .1• E 0 3 o 0 •a 0 3 Injury Skin Disorder Respiratory Condition Poisoning 3 Hearing Loss 3 All other illnesses :A3FB1 C D56E-478D-AFC7-3EB298FB74AA 1 1 1 1 o o 2 I0INL I '° '�' . .a ii ms �ko1 ) :o ?I• 7• lN' . SI MI ;w An : •7, (3) (6) (D) • (E)(P) Employee's Name Job Title (e.g., Date of Where the event occurred (e.g. Describe injury or illness, parts or body affected, Welder) injury or Loading dock north end) and object/substance that directly injured or made onset of person 111(e.g. Second degree burns on right illness forearm from acetylene torch) • (mo./day) Utility Labor 9/1412016 Holmix Plant fatality fuel tank explosion L. Truck Driver 11/09/2016 Hotmix Plant parking lot sprain wrist with wood handled scraper Operator 2/4/2016 Holmix plant splinter in thumb from chain -D fQ CD o rs 0 -.. x es Enter the number of CHECK ONLY ONE box for each case based an' days the injured or ill the most serious outcome for that case: worker was: - x = 0 Job transfer or restriction (1) _, x Other record- able cases (J) O p. N N 0 ^. _ v.% g o, x x x Injury R Loss Check the "injury" column or choose one•type of. illness: e. 3 Skin Disorder o Respiratory Condition o a Poisoning 0 3 Hearing o • 3 Allotherlllnesses )jsuy° snalo3 N m m m N autsu ;uawyspgs)s� HAC Materials Hotmix Plant Hopkins Road • oC n • e • w (n o • C7 -on m o �p g mLf fD 03 r3 v w E o. Mqx 01 d rl to5.0 Q -n r s• 153 > v iT so ff O -1• - rn. N la) N O O DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA ruzol 7 O N n a O N F OO d O_ N _ � t1 O. O d C t0 C 1 y C Jr•>r. _ N g I> O g 3 0 'm ? m - -t14▪ '602 v d � n3 a c) i 0 ii a L9 N A 1#111 #_ sg aR o P II.ToS4g o r ^:o ▪ y o 3 N G. c G K' O IA coca O injury Skin Disorder Respiratory Condition Poisoning Hearing Loss m All other illnesses 13`' i1 1 nsuyO sndao3 N Haas -Anderson Construction Ltd. '�_tJ IJm Vi `i . [(oo:' i=i 7W (Di c.0.1 `•, 4; �? is iQ' 1,14 Li 4m •L' Page totals i (8) Employee's Name o (0 0El v e0 - .A cn — N o _. 0 O c — 2 S c. d Er. m:°.Z m O bridce deck SH286 SH 44 at Hopkins Road SH 361 roadway surface (E) Where the event occurred (e.g. Loading dock north end) ICut hand Auto accident brused hurt shoulder strain (F) Describe injury or illness, parts of body affected, and object/substance that directly Injured or made person ill (e.g. Second degree bums on right forearm from acetylene torch) o It ItT•i G) :: 0 .„ CHECK ONLY ONE box for each case based on the most serious outcome for that case: p x x 1it �' ,-+O` G '.`•; 3 N 2 Ic:' 4 ,i ..t x ;',;UiIRemain_e'd atiw"oijl3r ti` Job transfer Other record - or restriction able cases (1) (J) O a -n> 0 -c3• -c Enter the number of days the injured or ill worker was: - QI — T G N j o v fl v d �. ' m O p 0 0 7 (.t x x x of P. N O c rn J o c E a` C N C a O (1) (2) I (3) I (4) I (5) I (6) 0 0 0 0 0 i1 1 nsuyO sndao3 N Haas -Anderson Construction Ltd. me sign Envelope ID: 7c 3FB13m6E47a&AFc -3EBk8FB74AA rtu ƒ $J IIR Ii . sassaulll n410 IIV (9) \.rto -E s a )§ 'o] 3° / \ \ ) 0 Knowingly falsifying this document may result In a fine. ;' CD th( coo. Annual average number of employees 1,3 uogewWo;ul;uawi oldw3 Standard Industrial Classification (SIC), If known (e.g., SIC 3715) (\ .7 \ 0 E PeoaAWN ZOfrl. 1aa11S aweu luawgspgelsamoA uoponilsuop uos1apuyseeH Establishment information \ § t.( DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Certificate of Corporate Resolution 092618 I, Randall A Moore, the undersigned Vice President and Secretary of Haas -Anderson Management L.C. (The "Corporation") hereby certifies that: The Corporation is duly organized and existing under the laws of the State of Texas and the following is true, accurate and complete transcript of a resolution duly passed and adopted by the Board of Directors of said Corporation at a meeting duly held on the 26th day of September, 2018 at which meeting there was present and acting throughout a quorum authorized to transact business hereinafter described, and that the proceedings of said meeting were in accordance with the charter and by-laws of said Corporation and that said resolutions have not been amended or revoked and are in full force and effect: Resolved, that the individuals named below are hereby appointed as the current Officers of the Corporation to the positions appearing next to their names: Darryl O. Haas President Drew P. Cullen Vice President Randall A. Moore Vice President and Secretary RESOLVED FURTHER, that each Officer above may enter into contracts or execute and deliver instruments on behalf of the Corporation; RESOLVED FURTHER, that the each of the officers named above shall serve in his or her respective capacity until a successor is duly qualified and appointed by the Board of Directors of the Corporation; RESOLVED FURTHER, that these Officers are empowered to carry out the day-to-day business of the Corporation, to perform all acts necessary and appropriate to carry out the business of the Corporation; RESOLVED FURTHER, that all acts, transactions, agreements, or actions undertaken by any of the Officers, Directors, and/or representatives of this Corporation, prior to this date, in connection with the foregoing matters, the formation of the Corporation, and all matters resolved in all previous resolutions of the Corporation, are hereby ratified and confirmed as the valid actions of the Corporation, effective as of the date such actions were taken; RESOLVED FURTHER, that all resolutions, consents, certificates, agreements, and actions undertaken prior hereto by any of the Officers and/or Directors of this Corporation, are hereby ratified and confirmed as the valid actions of the Corporation, effective as of the date such actions were taken; and RESOLVED FURTHER, that the Officers and Directors of the Corporation be, and they hereby are, authorized to do any and all acts and things and to execute any and all agreements, consents, certificates, and documents as in their opinion, or in the opinion of counsel to the Corporation, may be necessary or appropriate in order to carry out the purposes and intent of any of the foregoing resolutions. PASSED, by the Board of Directors of the Corporation this 26th day of September 2018. tr' Darryl O. Haas Drew P. Cullen President Vice President Haas -Anderson Management L.C. Haas -Anderson Management L.C. In Witness whereof, I have signed this certification for the Corporation on Septer�•. r 2.1z t 18. arida]] A. Moore, Secretary RAM 1 Haas -Anderson Management L.C. ,Randall A. Moore / Vice President and Secretary Haas -Anderson Management L.C. DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA 00 52 23 AGREEMENT This Agreement, for the Project awarded on June 9, 2020, is between the City of Corpus Christi (Owner) and Haas -Anderson Construction Ltd. (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Residential Street Rebuild Program Year 2019 Project No. 18164A ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Christi, Texas 78411 GOrtiz@hanson-inc.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP — Asst. Director of Construction City of Corpus Christi — Engineering Services 4917 Holly Rd., Bldg, #5 Corpus Christi, Texas 78413 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 270 days for Base Bid E, after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-1 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA General Conditions within 300 days for Base Bid E after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $970 for Base Bid E for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $324 for Base Bid E for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Award Price: Base Bid E $2,964,944.95 Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-2 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-3 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-4 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-5 Rev 8/2019 DocuSign Envelope ID: 7CA3FB1 C-D56E-478D-AFC7-3EB298FB74AA ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES ATTEST �—DocuSigned by: RtticeA 1-1444-14 7/24/2020 Rebecca Yiueria City Secretary APPROVED AS TO LEGAL FORM: DocuSigned by: Ki 4 H4 7/16/2020 bEAtto rn ey ATTEST (IF CORPORATION) (Seal Below) Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer CITY OF CORPUS CHRISTI DocuSigned by: LLLtLi Itft44 z Chief of Staff Res.032131 7/21/2020 AUTHORIZED BY COUNCIL 06/09/2020 (—DS rt -k- / J L CONTRACTOR Haas -A By: Title: �clePsui=igER.It struction Ltd VarbIL OWLS 7/15/2020 President, Haas -Anderson Mgmt., L.C., General Part P.O. Box 7692 Address Corpus Christi, TX 78467 City State 361/853-2535 Phone dcullen@haas-anderson.com Zip Fax Email END OF SECTION Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-6 Rev 8/2019 00 6113 PERFORMANCE BOND BOND NO. 107248320 Contractor as Principal Name: Haas -Anderson Construction Ltd Mailing address (principal place of business): P.O. Box 7692 Corpus Christi, TX 78467 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project No. 18164A Residential Street Rebuild Program (Base Bid E) Award Date of the Contract: June 9, 2019 Contract Price: $2,964,944.95 Bond Date of Bond: June 22, 2020 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Travelers Casualty and Surety Company of America Mailing address (principal place of business): 9601 McAllister Freeway, Suite 700 San Antonio, TX 78216 Physical address (principal place of business): 9601 McAllister Freeway, Suite 700 San Antonio, TX 78216 Surety is a corporation organized and existing under the laws of the state of: Connecticut By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 210-525-3963 Telephone (for notice of claim): 210-525-3963 Local Agent for Surety Name: Keetch & Associates Insurance Address: PO Box 3280 Corpus Christi, TX 78463-3280 Telephone: 361-883-3803 Email Address: Lpokrant@keetchins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond Residential Street Rebuild Program 18164A 00 61 13 - 1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: 7,1•4,Signature: Surety Name:arfl, C'}. /�a 0-1 Name: Lonna Pokrant Title: President, Haas-Anderson Manelerr.rnt L r Title: Attorney-in -Fact Generql Partner Email Address: .;w s (lit a t -.14 ..)"1/40'1-a vl . c.a we, Email Address: Lpokrant@keetchins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond Residential Street Rebuild Program 18164A 006113-2 7-8-2014 TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casually and Surety Company, and St. Paul Fire and Marine insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Lonna Pokrant of CORPUS CHRISTI Texas , their true and lawful Attorney -in -Fact to sign. execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed. and their corporate seals to be hereto affixed, this 17th day of January, 2019. State of Connecticut By: City of Hartford ss. Robert L. Rane . enior Vice President On this the 17th day of January. 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company. and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF. I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Y.;Y'VOIy a; 1 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company. and St_ Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, of conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority 10 one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance. contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary. any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I. Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company. and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which remains in full force and effect. Dated this o day of �t tai aQ a� tent E. Hughes. Assi tent Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which this Power of Attorney is attached. ST PAUL TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company andlor Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. 00 61 16 PAYMENT BOND BOND NO. 107248320 Contractor as Principal Name: Haas -Anderson Construction Ltd Mailing address (principal place of business): P.O. Box 7692 Corpus Christi, TX 78467 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of busines Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project No. 18164A Residential Street Rebuild Program (Base Bid E) Award Date of the Contract: June 9, 2020 Contract Price: $2,964,944.95 Bond Date of Bond: June 22, 2020 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Travelers Casualty and Surety Company of America Mailing address (principal place of business): 9601 McAllister Freeway, Suite 700 San Antonio, TX 78216 Physical address (principal place of business): 9601 McAllister Freeway, Suite 700 San Antonio, TX 78216 Surety is a corporation organized and existing under the laws of the state of: Connecticut By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 210-525-3963 Telephone (for notice of claim): 210-525-3963 Local Agent for Surety Name: Keetch & Associates Insurance Address: PO Box 3280 Corpus Christi, TX 78463-3280 Telephone: 361-883-3803 Email Address: Lpokrant(6keetchins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form Residential Street Rebuild Program — Proj 18164A 006116-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2259 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princip Signature: /ice — Surety Signature:P-.) �ij� Name: 9�,7/ 4. //ay,s Name: Lonna Pokrant Title: PresidentHaas-Anderson Management L.r rn._.e..►.r Title: Attorney -in -Fact Email Address: ) j, Q ha &_s .- c -t A jQr)Dif. rz,,... Email Address: Lpokrant@keetchins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Residential Street Rebuild Program Proj 18164A 006116-2 7-8-2014 TRAVELERS Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Lonna Pokrant of CORPUS CHRISTI Texas , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITN ESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. State of Connecticut By: City of Hartford ss. Robert L. Rene enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 ,raj, P NSs� Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force end effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman. any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this t7.c day of t.1j1P— Gr Kevin E. Hughes, Assi tant Secretary ro verify the authenticity of this Power of Attorney, please call us at 1-800-421-38811, Please refer to the above-named Attorney -in -Fact and the details of the bond to which this Power of Attorney is attached. STPAUL Wir TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. A� Lf CERTIFICATE OF LIABILITY INSURANCE DATEEWM/ YY OZO) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Upshaw Insurance Agency, Inc. 801 S. Fillmore, Suite 300 Amarillo TX 79101 NAME:CACT ALauren Freeman PHONE FAX (A/c NQ, ExO: 806 468-0400 ((AIC. No): 806-468-0450 ADDRESS: laurenf@upshaw-insurance.com INSURERS) AFFORDING COVERAGE I NAIC # INSURER A: Travelers Casualty Insurance 19046 INSURED HAASAND-Oi Haas -Anderson Construction, Ltd.; HAAS -Anderson Management, L.C; HAC Equipment, LTD; HAC Materials LTD; HAC Materials Management, L.C.; Hac Holdings, LLP: ELDT Invt. LTD 1402 Holly Road Corpus Christi TX 78467 INSURER B : Colony Insurance Co. Y i 39993 16691 INSURER c :Great American Insurance Co INSURER D : 9/1/2020 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 886891938 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL 1NSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POUCY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y DT -CO -8N927453 9/1/2019 9/1/2020 EACH OCCURRENCE $ 1,000,000 DA—VIA-GET-011F5W11,1 ED PREMISES (Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES X i ECT PER: LOC PRODUCTS - COMP/OP AGG 5 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y BA -8N783453 9/1/2019 9/1/2020 COMBINED SINGLE LIMIT (Ea accident) g 1,000,000 BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y CUP -9M888124 9/1/2019 i 9/1/2020 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 Prod/Comp Ops Agg $1,000,000 DED 1 X 1 RETENTION S in f)n0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYSTATUTE ANYPROPRIETORJPARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below y NN N / A Y UB -0P693621 -19-26-G 9/1/2019 9/1/2020 XPERf 1 ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1.000,000 8 A C Pollution Equipment/Property Excess liability Y CPL -51N20467 QT -660-8J645106 TUE1399241-03 9/1/2019 9/1/2019 9/1/2019 9/1/2020 9/1/2020 9/1/2020 Occurrence/Aggregate $5,000,000 Leased/Rented Equip $1,000,000Per Item Occurrence/Aggregate $19,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Endorsements shown here only apply if there is a written contract between the named insured and certificate holder. GL: Policy includes a blanket additional insured endorsement (CO D6 04 02/19 with completed operation, and CG D3 16 02 19) Primary/non-contributory language is provided per the policy form when required by written contract see attached (CO T1 00 02 19). AU: Policy includes a blanket additional insured endorsement including primary and non-contributory language and blanket waiver of subrogation. UMB: Policy follows form on underlying additional insureds and contains a waiver of subrogation endorsement. UMB: underlying policies include GL,AU & WC. WC: Policy includes a blanket waiver of subrogation endorsement. 30 days notice of cancellation applies, except 10 days for non-payment. Project: 18164A Residential Street Rebuild Program (Part E) ERTIFICATE HOLDER CANCELLATION City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi TX 78469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPR SENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums fa- this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit' is brought 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all a- part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisemertt. Page 16 of 21 @ 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -- AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that: a. You agree in a written contract or agreement to include as an additional insured on this Coverage Part and b. Has not been added as an additional insured for the same project by attachment of an endorse- ment under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a. Only with respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury' caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect and b. Only as described in Paragraph (1), (2) or (3) be- low, whichever applies: (1) If the written contract or agreement specifical- ly requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional Insured — Owners, Les- sees or Contractors — (Form B) endorse- ment CG 20 10 11 85; or (b) Either or both of the following: the Addi- tional Insured — Owners, Lessees or Con- tradors — Scheduled Person Or Organi- zation endorsement CG 20 10 10 01, or the Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 10 01; the person or organization is an additional in- sured only if the injury or damage arises out of "your work" to which the written contract or agreement applies; (2) If the written contract or agreement specifical- ly requires you to provide additional insured coverage to that person or organization by the use of: CG D6 04 0219 (3) (a) (b) The Additional Insured — Owners, Les- sees or Contractors — Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured — Owners, Lessees or Contrac- tors — Completed Operations endorse- ment CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or Either or both of the following: the Addi- tional Insured — Owners, Lessees or Con- tractors — Scheduled Person Or Organi- zation endorsement CG 20 10, or the Ad- ditional Insured — Owners, Lessees or Contractors — Completed Operations en- dorsement CG 20 37, without an edition date of such endorsement specified; the person or organization is an additional in- sured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies; or If neither Paragraph (1) nor (2) above applies: (a) The person or organization is an addi- tional insured only if, and to the extent that, the injury or damage is caused by acts or omissions of you or your subcon- tractor in the performance of "your work" to which the written contract or agree- ment applies; and (b) Such person or organization does not qualify as an additional insured with re- spect to the independent acts or omis- sions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agree- ment, the insurance provided to the additional in- sured will be limited to such minimum required limits. For the purposes of determining whether © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY this limitation applies, the minimum limits required by the written contract or agreement will be con- sidered to include the minimum limits of any Um- brella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury, "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional archi- tectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury' or "property damage" caused by "your work" and included in the "products -completed operations hazard" un- less the written contract or agreement specifi- cally requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the fol- lowing duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. Immediately send us copies of all legal pa- pers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insur- ance which would cover such additional in- sured for a loss we cover. However, this con- dition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organiza- tion as a named insured as described in Par- agraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. (3) Page 2 of 2 © 2017 The Travelers Indemnity Company. All rights reserved. CG D6 04 02 19 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be exduded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured — Unnamed Subsidiaries B. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury' or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: CGD3160219 C. Incidental Medical Malpractice D. Blanket Waiver Of Subrogation E. Contractual Liability — Railroads F. Damage To Premises Rented To You a. An organization other than a partnership, joint venture or limited liability company; or b. A trust; as indicated in its name or the documents that govern its structure. B. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION 11— WHO IS AN INSURED: Any govemmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such govemmental entity does not apply to: a. Any "bodily injury', "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity, or b. Any "bodily injury' or "property damage" included in the "products -completed operations hazard". ® 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION Il — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exdusion is added to Paragraph 2., Exclusions, of SECTION 1 — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury' or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of Page 2 of 3 pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. E. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; © 2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. F. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of "premises damage in the DEFINITIONS Section: "Premises damage" means "property damage" to: COMMERCIAL GENERAL LIABILITY a. Any premises while rented to you or temporarily occupied by you with permission of the owner, or b. The contents of any premiss while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. CG D3 16 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 DocuSign Envelope ID: 3FF1 F8CA-9675-4D7A-A9F1-5C82224A4E4B CONTRACTS AND PROCUREMENT DEPARTMENT PO Box 9277 Corpus Christi Texas, 78469-9277 Phone: 361.826.3160 NOTICE OF AWARD Contractor: Haas -Anderson Construction Ltd Project: 18164A Residential Street Rebuild Program (Part E) This notice serves as confirmation of award of the referenced Project, to your firm, by the Corpus Christi City Council on June 9, 2020 in the amount of $2,964,944.95 (Base Bid E). Contractor is instructed to execute all necessary forms and submit all required documentation as outlined in the contract document. The executed agreement and all required insurance and bond submittals are due back to this office within 10 calendar days of receipt. A Pre -Construction Meeting will be scheduled within two weeks of returning required contract submittals, pending final execution of the contract. The following document submittals are required to execute the contract: Form 1295 — The State of Texas requires contractor to complete, sign and submit a copy of the Texas Ethics Commission Form 1295, Certificate of Interested Parties. The state website is: www.ethics.state.tx.us Agreement —A completed and filled out agreement form has been provided for your digital signature. The agreement form shall be digitally signed by an authorized officer of the company. Submit signature authority documentation. Performance and Payment Bond — Competed and filled out bond forms have been provided for your physical signature. The bonds cannot be digitally signed. Submit one set of executed hard copy originals. Insurance — Refer to the contract documents, Section 00 73 00, Article 6, for insurance requirements and submit proof of coverage. Submittals will include a Certificate of Insurance referencing the project name and number and all applicable endorsements to the policies. Please contact Sylvia Arriaga, Construction Contracts Administrator, if you have any questions regarding this information. ,--DocuSigned by: `-1 aicaE1. Lau3GA.F Kim Baker, Director of Contracts and Procurement RETURN DOCUMENTS TO: Sylvia Arriaga — Construction Contracts Administrator City of Corpus Christi — Contracts and Procurement 1201 Leopard St. - City Hall, First Floor Corpus Christi, TX 78469-9277 6/10/2020 Date DocuSign Envelope ID: 3FF1 FBCA-9675-4D7A-A9F1-5C82224A4E4B 00 52 23 AGREEMENT This Agreement, for the Project awarded on June 9. 2020, is between the City of Corpus Christi (Owner) and Haas -Anderson Construction Ltd. (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Residential Street Rebuild Program Year 2019 Project No. 18164A ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Christi, Texas 78411 GOrtiz@hanson-inc.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP — Asst. Director of Construction City of Corpus Christi — Engineering Services 4917 Holly Rd., Bldg, #5 Corpus Christi, Texas 78413 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 270 days for Base Bid E, after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-1 Rev 8/2019 DocuSign Envelope ID: 3FF1 FBCA-9675-4D7A-A9F1-5C82224A4E4B General Conditions within 300 days for Base Bid E after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $970 for Base Bid D and Base Bid E for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $324 for Base Bid D and Base Bid E for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Award Price: Base Bid E $2.964,944.45 Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-2 Rev 8/2019 DocuSign Envelope ID: 3FF1 FBCA-9675-4D7A-A9F1-5C82224A4E4B ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-3 Rev 8/2019 DocuSign Envelope ID: 3FF1 FBCA-9675-4D7A-A9F1-5C82224A4E4B ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-4 Rev 8/2019 DocuSign Envelope ID: 3FF1 F8CA-9675-4D7A-A9F1-5C82224A4E4B Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-5 Rev 8/2019 DocuSign Envelope ID: 3FF1 F8CA-9675-4D7A-A9F1-5C82224A4E4B ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney AUTHORIZED ATTEST (IF CORPORATION) CONTRACTOR Haas -Anderson Construction Ltd (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: P.O. Box 7692 Address Corpus Christi, TX 78467 City 361/253-2535 State Zip Phone Fax dcullen@haas-anderson.com Email END OF SECTION Agreement Residential Street Rebuild Program Year 2019, Project No. 18164A 005223-6 Rev 8/2019 DocuSign Envelope ID: 3FF1 F8CA-9675-4D7A-A9F1-5C82224A4E4B 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Haas -Anderson Construction Ltd Mailing address (principal place of business): P.O. Box 7692 Corpus Christi, TX 78467 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project No. 18164A Residential Street Rebuild Program (Base Bid E) Award Date of the Contract: June 9. 2020 Contract Price: $2,964,944.95 Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: Email Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form Residential Street Rebuild Program — Proj 18164A 006116-1 7-8-2014 DocuSign Envelope ID: 3FF1 F8CA-9675-4D7A-A9F1-5C82224A4E4B Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Residential Street Rebuild Program — Proj 18164A 006116-2 7-8-2014 DocuSign Envelope ID: 3FF1 FBCA-9675-4D7A-A9F1-5C82224A4E4B 00 61 13 PERFORMANCE BOND BOND NO. Contractor as Principal Name: Haas -Anderson Construction Ltd Mailing address (principal place of business): P.O. Box 7692 Corpus Christi, TX 78467 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project No. 18164A Residential Street Rebuild Program (Base Bid E) Award Date of the Contract: June 9, 2019 Contract Price: $2,964,944.95 Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: Email Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond Residential Street Rebuild Program 18164A 006113-1 7-8-2014 DocuSign Envelope ID: 3FF1 F8CA-9675-4D7A-A9F1-5C82224A4E4B Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond Residential Street Rebuild Program 18164A 006113-2 7-8-2014