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C2021-303 - 10/26/2021 - Approved
Agreement 00 52 23 - 1 Packery Channel Restoration (Project No. H17019) Rev 8/2019 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Callen Marine, 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: Packery Channel Restoration H17019 ARTICLE 2 – DESIGNER AND OWNER’S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR Engineering, Inc. 555 N. Carancahua, Ste. 1600 Corpus Christi, TX 78401 daniel.heilman@hdrinc.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 Road, Bldg. #5 Corpus Christi, TX 78411 brettvh@cctexas.com ARTICLE 3 – CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 390 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 420 days 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. DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Agreement 00 52 23 - 2 Packery Channel Restoration (Project No. H17019) Rev 8/2019 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 $2,000 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 $400 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 Price $ 12,359,049.30 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. DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Agreement 00 52 23 - 3 Packery Channel Restoration (Project No. H17019) Rev 8/2019 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. 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. DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Agreement 00 52 23 - 4 Packery Channel Restoration (Project No. H17019) Rev 8/2019 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor’s safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Agreement 00 52 23 - 5 Packery Channel Restoration (Project No. H17019) Rev 8/2019 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. ARTICLE 10 – CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Jeff Edmonds, P.E. Director of Engineering Services DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 11/12/202111/15/2021 Agreement 00 52 23 - 6 Packery Channel Restoration (Project No. H17019) Rev 8/2019 __________________________ AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL ___________________________ Assistant City Attorney ATTEST (IF CORPORATION) CONTRACTOR Callen Marine, 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: 4800 Harborside Drive Address Galveston Texas 77554 City State Zip (409)792-0124 Fax Phone mmcguire@callenmarineltd.com EMail END OF SECTION DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 11/5/2021 President 11/12/2021 10-26-2021 RH/AB Ord. 032583 CONTRACT DOCUMENTS FOR CONSTRUCTION OF PACKERY CHANNEL RESTORATION H17019 S HDR Engineering, Inc. TBPELS Firm Registration No. F-754 555 N. Carancahua St., Suite 1600, Corpus Christi, TX 78401, 361-696-3300 Record Drawing Number CP-227 �.••......•,.••,....•,•..• _:.,.,® s 1. AN?L:L J. HEILMAN 10 W. ttjp� �✓t z!zv7.4, CONFORMED SET ISSUED FOR CONSTRUCTION --THIS PAGE INTENTIONALLY LEFT BLANK-- 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Contracting Requirements 00 52 23 Agreement(Rev 7-2020) 00 72 00 General Conditions(Rev 12-2020) 00 73 00 Supplementary Conditions(Rev 2-2020) 00 74 00 Special Conditions for Funding Agency(Rev 10-2018) 00 74 01 Special Conditions for FEMA Proiects(Rev 10-2018) Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-2018) 01 23 10 Alternates and Allowances(Rev 10-2018) 01 29 01 Measurement and Basis for Payment(Rev 5-2020) 01 33 01 Submittal Register(Rev 10-2018) 01 35 00 Special Procedures(Rev 10-2018) 01 50 00 Temporary Facilities and Controls (Rev8-2019) 01 57 00 Temporary Controls(Rev8-2019) Part S Standard Specifications Division 02 Sitework 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 22 Trench Safety for Excavations 02 20 80 Embankment 02 24 20 Silt Fence 02 56 12 Concrete Sidewalks & Driveways 02 58 02 Temporary Traffic Controls During Construction 02 80 20 Seeding Division 03 Concrete 03 00 20 Portland Cement Concrete 03 20 20 Reinforcing Steel Table of Contents 000100-1 Packery Channel Restoration (Project No. H17019) Rev 5/2021 Division/ Title Section 03 80 00 Concrete Structures Division 05 Metals 05 54 40 Aluminum Grating (S-110) Part T Technical Specifications Division 05 Metals 05 14 00 Structural Aluminum Division 31 Earthwork 31 05 19 Geotextile Fabric 31 23 23 Cementitious Fill Materials Division 33 Utilities 33 41 13 PVC Pipe for Drains 33 41 14 Corrugated Metal Pipe Division 35 Waterway and Marine Construction 35 00 01 Construction Surveying 35 16 60 Environmental Protection Measures 35 31 19.20 Articulating Concrete Block Mats 35 31 23 Graded Riprap 35 48 30 Protection of Sea Turtles Appendix Title 1 U.S. Army Corps of Engineers Permit 2 Boring Logs 3 Side Scan Sonar Survey NOAA/NMFS Construction Conditions: - Sea Turtle and Smalltooth Sawfish Construction Conditions - Construction Conditions for Docks or Other Minor Structures Constructed in or 4 Over Johnson's Seagrass - Construction Guidelines for Minor Piling-Supported Structures Constructed in or Over Submerged Aquatic Vegetation END OF SECTION Table of Contents 000100-2 Packery Channel Restoration (Project No. H17019) Rev 5/2021 DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 �yUS C� Go H U yea na o n n+�� 1$52 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Callen Marine, 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: Packery Channel Restoration H17019 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR Engineering, Inc. 555 N. Carancahua, Ste. 1600 Corpus Christi,TX 78401 daniel.heilman@hdrinc.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 Road,Holly Road, Bldg.#5#5 Corpus Christi,TX 78411 brettvh@cctexas.com ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 390 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 420 days 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. Agreement 005223- 1 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. Milestones,and the dates for completion of each, are as defined in Section 0135 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 $2,000 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$400 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 0135 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 Price $ 12,359,049.30 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. Agreement 005223- 2 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 5.02.13, 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. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 0100 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. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ALT oSTigned by: CITpY OF CORPUS CHRISTI ned by: 11/15/2021 11/12/2021 B20.fd�L9AZCL.. E§E6&FF936EF4,4�... Rebecca Huerta Jeff Edmonds, P.E. City Secretary Director of Engineering Services Agreement 005223-5 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Ord. 032583 AUTHORIZED 10-26-2021 APPROVED AS TO LEGAL FORM: BY COUNCIL DocuSignedb�y, �ay.z Hdi ' 11/12/2021 RH/AB Efl2aaE=EB_4.F('. Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Callen "aGiAgJg6tdy: L -�„^� � 11/5/2021 (Seal Below) By: 1 Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 4800 Harborside Drive Financial Officer Address Galveston Texas 77554 City State Zip (409) 792-0124 Phone Fax mmcguire@callenmarineltd.com Entail END OF SECTION Agreement 005223-6 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3 REBID Report Created On:9/15/21 7:07:04 PM BID TOTALS BASE BID Total Part A $12,359,049.30 Total $12,359,049.30 Part A No. Description Unit Qty Unit Price Ext Price Al Mobilization(Max. 5%) LS 1 $317,895.00 $317,895.00 A2 Bonds&Insurance AL 1 $210,914.00 $210,914.00 A3 Construction Surveys LS 1 $80,557.00 $80,557.00 A4 Pre-Construction Hazard Survey LS 1 $12,400.00 $12,400.00 A5 SWPPP LS 1 $54,531.00 $54,531.00 A6 Demolition/Removal of Concrete SF 18830 $3.00 $56,490.00 Walkway(Sta 24+405 to 42+735) A7 Demolition/Removal of ABM Revetment LS 1 $30,974.00 $30,974.00 (Sta 28+OON to 34+72N) A8 Demolition/Removal of ABM Revetment LS 1 $103,860.00 $103,860.00 (Sta 20+OOS to 42+73S) A9 Reach 1 -- Re-Set Jetty Armor Stone EA 84 $401.00 $33,684.00 A10 Reach 1 --Aluminum Handrail (Sta LS 1 $13,395.00 $13,395.00 44+09N to 44+39N) All Reach 2 Landside Jetty Improvements LF 818 $923.00 $755,014.00 (Sta 34+72N to 42+90N) Al2 Reach 2 Landside Jetty Improvements LF 872 $846.00 $737,712.00 (Sta 42+73S to 51+45S) A13 Reach 3 Revetment(Sta 2+50N to LF 420 $786.00 $330,120.00 6+70N) A14 Reach 3 Revetment(Sta 7+80N to LF 270 $1,913.39 $516,615.30 10+50N) A15 Reach 3 Revetment(Sta 10+50N to LF 1750 $978.00 $1,711,500.00 28+00 N) A16 Reach 3 Revetment(Sta 28+OON to LF 672 $1,068.00 $717,696.00 34+72N) A17 Reach 3 Revetment(Sta O+OOS to LF 1430 $691.00 $988,130.00 14+305) DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3 REBID Report Created On:9/15/21 7:07:04 PM A18 Reach 3 Revetment(Sta 16+705 to LF 330 $1,326.10 $437,613.00 20+OOS) A19 Reach 3 Revetment(Sta 20+OOS to LF 700 $2,121.00 $1,484,700.00 27+OOS) A20 Reach 3 Revetment(Sta 27+OOS to LF 1573 $1,410.00 $2,217,930.00 42+735) A21 Reach 3 Drainage Swale(Sta 16+905 to LF 2583 $196.00 $506,268.00 42+73S) A22 Reach 3 Discharge Pipe Improvements EA 5 $8,056.00 $40,280.00 (North Bank) A23 Reach 3 New Inlet Structures and EA 5 $8,056.00 $40,280.00 Discharge Pipe(South Bank) A24 Concrete Walkway(Sta 24+405 to SF 18830 $27.00 $508,410.00 42+73S) A25 Bollard/Cable Barriers(Sta 24+405 to LS 1 $51,240.00 $51,240.00 42+73S) A26 Replace Wire Rope&Bollard Covers in LS 1 $69,681.00 $69,681.00 Bollard/Cable Barriers(8+40N to 34+72N) A27 Replace Wire Rope&Bollard Covers in LS 1 $68,153.00 $68,153.00 Bollard/Cable Barriers(O+OOS to 14+305) A28 Replace Wire Rope&Bollard Covers in LS 1 $36,727.00 $36,727.00 Bollard/Cable Barriers(16+705 to 24+405) A29 Fill Voids with Cementitious Fill CY 115 $264.00 $30,360.00 A30 Removal and Disposal of Submerged EA 16 $5,995.00 $95,920.00 Items from Channel A31 Allowance for Unanticipated Repairs LS 1 $100,000.00 $100,000.00 Subtotal:$12,359,049.30 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3 REBID Report Created On:9/15/21 7:07:04 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE RFB 3797 Addendum 1 09/15/2021 17:55:24 PM DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3 REBID Report Created On:9/15/21 7:07:04 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Plans RFB 3797 Packery Channel Restoration 9/13/21 9:22:32 AM REBID Drawings Invitation To Bid RFB 3797 Packery Channel Restoration 9/3/21 2:45:18 PM REBID Specs Addenda RFB 3797 Addendum 1 9/3/21 11:18:58 AM DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 00 3001 BID FORM Project PACKERY CHANNEL RESTORATION Name: Project H 17019 Number: Owner: JCity of Corpus Christi OAR: TO BE DETERMINED Designer:I HDR ENGINEERING,INC.(F-754) By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: Callan Marine, Ltd. (full legal name of Bidder) Signature: (signature of person with authority to bind the Bidder) Name: Maxie McGuire (printed name of person signing Bid Form) Title: President (title of person signing Sid Form) Attest: (signature) State of Residency: Texas Federal Tx ID No. 27-0893527 Address for Notices: P.O.Box 17017 Galveston,Texas,77554 Phone: (409)762-0124 Email: maldonado@callanmarineltd.com 6F TF 4�'+I i pAN1EL fS. HEILMAN�...................... ........... IIlk I/CENS�� 9/ 3/19 Bid Form 00 30 01-Page 1 of 2 Packery Channel Restoration(Project No.H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 ,us c� �Q 0 � U �y�atiaoRp��� 1852 00 52 23 AGREEMENT This Agreement 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: Packers Channel Restoration H17019 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR Engineering, Inc. 555 N. Carancahua, Ste. 1600 Corpus Christi,TX 78401 daniel.heilman@hdrinc.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 Road, Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 390 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 420 days 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. Agreement 005223- 1 Packery Channel Restoration (Project No. H17019) Rev 8/2019 ADDENDUM 1 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. Milestones, and the dates for completion of each, are as defined in Section 0135 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 $2,000 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$400 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 0135 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 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. Agreement 005223- 2 Packery Channel Restoration (Project No. H17019) Rev 8/2019 ADDENDUM 1 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 5.02.13, 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. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 Packery Channel Restoration (Project No. H17019) Rev 8/2019 ADDENDUM 1 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 Packery Channel Restoration (Project No. H17019) Rev 8/2019 ADDENDUM 1 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 0100 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. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff Agreement 005223-5 Packery Channel Restoration (Project No. H17019) Rev 8/2019 ADDENDUM 1 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Address City State Zip Phone Fax EMail END OF SECTION Agreement 005223-6 Packery Channel Restoration (Project No. H17019) Rev 8/2019 ADDENDUM 1 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1—Definitions and Terminology.....................................................................................................10 1.01 Defined Terms.............................................................................................................................10 1.02 Terminology................................................................................................................................15 Article 2—Preliminary Matters...................................................................................................................16 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................16 2.02 Copies of Documents..................................................................................................................16 2.03 Project Management System......................................................................................................16 2.04 Before Starting Construction ......................................................................................................17 2.05 Preconstruction Conference; Designation of Authorized Representatives................................17 Article 3—Contract Documents: Intent, Requirements, Reuse.................................................................17 3.01 Intent...........................................................................................................................................17 3.02 Reference Standards...................................................................................................................18 3.03 Reporting and Resolving Discrepancies......................................................................................19 3.04 Interpretation of the Contract Documents.................................................................................20 3.05 Reuse of Documents...................................................................................................................20 Article 4—Commencement and Progress of the Work..............................................................................20 4.01 Commencement of Contract Times; Notice to Proceed.............................................................20 4.02 Starting the Work........................................................................................................................20 4.03 Progress Schedule.......................................................................................................................21 4.04 Delays in Contractor's Progress..................................................................................................21 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................................................................22 5.01 Availability of Lands ....................................................................................................................22 5.02 Use of Site and Other Areas........................................................................................................22 5.03 Subsurface and Physical Conditions............................................................................................23 5.04 Differing Subsurface or Physical Conditions...............................................................................24 5.05 Underground Facilities................................................................................................................25 5.06 Hazardous Environmental Conditions at Site.............................................................................26 Article 6—Bonds and Insurance .................................................................................................................28 6.01 Performance, Payment, and Other Bonds..................................................................................28 General Conditions 007200- 1 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 6.02 Licensed Sureties ........................................................................................................................29 6.03 Required Minimum Insurance Coverage....................................................................................29 6.04 General Insurance Provisions......................................................................................................29 6.05 Contractor's Insurance................................................................................................................30 6.06 Property Insurance......................................................................................................................33 6.07 Waiver of Rights..........................................................................................................................34 6.08 Owner's Insurance for Project....................................................................................................34 6.09 Acceptable Evidence of Insurance..............................................................................................35 6.10 Certificate of Insurance...............................................................................................................35 6.11 Insurance Policies........................................................................................................................35 6.12 Continuing Evidence of Coverage...............................................................................................35 6.13 Notices Regarding Insurance ......................................................................................................35 6.14 Texas Workers' Compensation Insurance Required Notice .......................................................36 Article 7-Contractor's Responsibilities.....................................................................................................38 7.01 Supervision and Superintendence..............................................................................................38 7.02 Labor; Working Hours.................................................................................................................38 7.03 Services, Materials, and Equipment ...........................................................................................39 7.04 Concerning Subcontractors, Suppliers, and Others....................................................................39 7.05 Patent Fees and Royalties...........................................................................................................40 7.06 Permits........................................................................................................................................41 7.07 Taxes ...........................................................................................................................................41 7.08 Laws and Regulations..................................................................................................................41 7.09 Safety and Protection .................................................................................................................42 7.10 Safety Representative.................................................................................................................43 7.11 Hazard Communication Programs..............................................................................................43 7.12 Emergencies................................................................................................................................43 7.13 Contractor's General Warranty and Guarantee .........................................................................43 7.14 INDEMNIFICATION......................................................................................................................44 7.15 Delegation of Professional Design Services................................................................................45 Article 8-Other Work at the Site...............................................................................................................46 8.01 Other Work.................................................................................................................................46 8.02 Coordination ...............................................................................................................................47 8.03 Legal Relationships......................................................................................................................47 General Conditions 007200- 2 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Article 9—Owner's and OPT's Responsibilities...........................................................................................48 9.01 Communications to Contractor ..................................................................................................48 9.02 Replacement of Owner's Project Team Members......................................................................48 9.03 Furnish Data................................................................................................................................48 9.04 Pay When Due.............................................................................................................................48 9.05 Lands and Easements; Reports and Tests...................................................................................48 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......................................................................49 9.11 Compliance with Safety Program................................................................................................49 Article 10—OAR's and Designer's Status During Construction ..................................................................49 10.01 Owner's Representative..........................................................................................................49 10.02 Visits to Site.............................................................................................................................49 10.03 Resident Project Representatives...........................................................................................49 10.04 Rejecting Defective Work........................................................................................................49 10.05 Shop Drawings, Modifications and Payments.........................................................................50 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................50 10.07 Limitations on OAR's and Designer's Authority and Responsibilities.....................................50 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 ........................................................................................................52 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 General Conditions 007200- 3 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 12.04 Substitutions...........................................................................................................................55 Article13—Claims.......................................................................................................................................56 13.01 Claims......................................................................................................................................56 13.02 Claims Process.........................................................................................................................57 Article 14—Prevailing Wage Rate Requirements.......................................................................................58 14.01 Payment of Prevailing Wage Rates.........................................................................................58 14.02 Records....................................................................................................................................58 14.03 Liability; Penalty; Criminal Offense.........................................................................................59 14.04 Prevailing Wage Rates.............................................................................................................59 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................59 15.01 Cost of the Work.....................................................................................................................59 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........................................67 17.01 Progress Payments..................................................................................................................67 17.02 Application for Payment.........................................................................................................69 17.03 Schedule of Values..................................................................................................................71 17.04 Schedule of Anticipated Payments and Earned Value............................................................72 17.05 Basis for Payments..................................................................................................................73 17.06 Payment for Stored Materials and Equipment.......................................................................73 17.07 Retainage and Set-Offs ...........................................................................................................74 17.08 Procedures for Submitting an Application for Payment.........................................................74 17.09 Responsibility of Owner's Authorized Representative...........................................................75 17.10 Contractor's Warranty of Title................................................................................................76 General Conditions 007200-4 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 17.11 Substantial Completion...........................................................................................................76 17.12 Partial Utilization.....................................................................................................................77 17.13 Final Inspection.......................................................................................................................77 17.14 Final Application for Payment.................................................................................................77 17.15 Final Payment..........................................................................................................................78 17.16 Waiver of Claims.....................................................................................................................78 17.17 Correction Period....................................................................................................................78 Article 18-Suspension of Work and Termination.....................................................................................79 18.01 Owner May Suspend Work.....................................................................................................79 18.02 Owner May Terminate for Cause............................................................................................79 18.03 Owner May Terminate For Convenience................................................................................80 Article 19-Project Management...............................................................................................................81 19.01 Work Included.........................................................................................................................81 19.02 Quality Assurance ...................................................................................................................81 19.03 Document Submittal...............................................................................................................81 19.04 Required Permits ....................................................................................................................81 19.05 Safety Requirements...............................................................................................................82 19.06 Access to the Site....................................................................................................................82 19.07 Contractor's Use of Site..........................................................................................................82 19.08 Protection of Existing Structures and Utilities........................................................................83 19.09 Pre-Construction Exploratory Excavations..............................................................................83 19.10 Disruption of Services/Continued Operations........................................................................84 19.11 Field Measurements ...............................................................................................................84 19.12 Reference Data and Control Points.........................................................................................84 19.13 Delivery and Storage...............................................................................................................85 19.14 Cleaning During Construction.................................................................................................86 19.15 Maintenance of Roads, Driveways, and Access......................................................................86 19.16 Area Access and Traffic Control..............................................................................................87 19.17 Overhead Electrical Wires.......................................................................................................87 19.18 Blasting....................................................................................................................................87 19.19 Archeological Requirements...................................................................................................87 19.20 Endangered Species Resources...............................................................................................88 19.21 Cooperation with Public Agencies..........................................................................................88 General Conditions 007200-5 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Article 20—Project Coordination................................................................................................................88 20.01 Work Included.........................................................................................................................88 20.02 Document Submittal...............................................................................................................88 20.03 Communication During Project...............................................................................................89 20.04 Project Meetings.....................................................................................................................89 20.05 Requests for Information........................................................................................................91 20.06 Decision and Action Item Log..................................................................................................91 20.07 Notification By Contractor......................................................................................................92 20.08 Record Documents..................................................................................................................92 Article 21—Quality Management...............................................................................................................94 21.01 Contractor's Responsibilities ..................................................................................................94 21.02 Quality Management Activities by OPT..................................................................................95 21.03 Contractor's Use of OPT's Test Reports..................................................................................96 21.04 Documentation.......................................................................................................................96 21.05 Standards ................................................................................................................................97 21.06 Delivery and Storage...............................................................................................................97 21.07 Verification Testing for Corrected Defects..............................................................................97 21.08 Test Reports............................................................................................................................97 21.09 Defective Work.......................................................................................................................98 21.10 Limitation of Authority of Testing Laboratory........................................................................98 21.11 Quality Control Plan................................................................................................................98 21.12 Implement Contractor's Quality Control Plan ......................................................................100 Article 22—Final Resolution of Disputes..................................................................................................101 22.01 Senior Level Negotiations .....................................................................................................101 22.02 Mediation..............................................................................................................................101 Article 23—Minority/MBE/DBE Participation Policy................................................................................102 23.01 Policy.....................................................................................................................................102 23.02 Definitions.............................................................................................................................102 23.03 Goals......................................................................................................................................103 23.04 Compliance............................................................................................................................104 Article 24—Document Management........................................................................................................104 24.01 Work Included.......................................................................................................................104 24.02 Quality Assurance .................................................................................................................104 General Conditions 007200-6 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 24.03 Contractor's Responsibilities ................................................................................................104 24.04 Document Submittal.............................................................................................................105 24.05 Document Numbering ..........................................................................................................105 24.06 Document Requirements......................................................................................................106 Article25—Shop Drawings.......................................................................................................................107 25.01 Work Included.......................................................................................................................107 25.02 Quality Assurance .................................................................................................................107 25.03 Contractor's Responsibilities ................................................................................................107 25.04 Shop Drawing Requirements ................................................................................................109 25.05 Special Certifications and Reports........................................................................................109 25.06 Warranties and Guarantees..................................................................................................110 25.07 Shop Drawing Submittal Procedures....................................................................................110 25.08 Sample and Mockup Submittal Procedures..........................................................................112 25.09 Equal Non Specified Products...............................................................................................113 25.10 Requests for Deviation..........................................................................................................113 25.11 Designer Responsibilities ......................................................................................................114 25.12 Resubmission Requirements.................................................................................................116 Article26—Record Data ...........................................................................................................................117 26.01 Work Included.......................................................................................................................117 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..................................................................................................119 26.07 Record Data Submittal Procedures.......................................................................................119 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 ..............................................................................124 General Conditions 007200-7 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 28.01 Work Included.......................................................................................................................124 28.02 Quality Assurance .................................................................................................................124 28.03 Document Submittal.............................................................................................................124 28.04 Photographs..........................................................................................................................125 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 ............................................................................................127 29.05 Transfer of Utilities ...............................................................................................................127 29.06 Warranties, Bonds and Service Agreements.........................................................................127 Article30-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 .................................................................................................130 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 General Conditions 007200-8 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 30.21 Notices. .................................................................................................................................131 General Conditions 007200-9 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid — The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Documents. 7. Bidding Documents — The solicitation documents, the proposed Contract Documents and Addenda. 8. Bidder—An individual or entity that submits a Bid to Owner. 9. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 10. Change Order-A document issued on or after the Effective Date of the Contract,which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 11. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 12. City Engineer - The Corpus Christi City Engineer and/or designee as identified at the preconstruction conference or in the Notice to Proceed. General Conditions 007200- 10 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 13. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. Claims must be initiated by written notice, signed and sworn to be an authorized corporate officer, verifying the truth and accuracy of the Claim. 14. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 15. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 16. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract but does not make changes in the Work. 17. Contract Documents - Those items designated as Contract Documents in the Agreement. 18. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 19. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 20. Contractor-The individual or entity with which Owner has contracted for performance of the Work. General Conditions 007200- 11 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 21. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 22. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 23. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion 24. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 25. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 26. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 27. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 28. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 29. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner. These costs include fees for engineers, architects, attorneys, and other professionals. 30. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 31. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. General Conditions 007200- 12 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 32. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 33. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 34. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 35. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 36. Owner -The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 37. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 38. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals or entities directly or indirectly employed or retained by them to provide services to the Owner. 39. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 40. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 41. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 42. Project Manual — That portion of the Contract Documents that may include the following: introductory information,solicitation requirements and responses, proposal, Contract forms and General and Supplementary Conditions, General Requirements, Specification, Drawings, Project Safety Manual and Addenda. 43. 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. General Conditions 007200- 13 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 44. 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. 45. Schedule of Documents -A schedule of required documents, prepared and maintained by Contractor. 46. 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. 47. 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. 48. 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. 49. 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. 50. 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. 51. 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. 52. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 53. 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. 54. 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. 55. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 56. Unit Price Work- Work to be paid for on the basis of unit prices. General Conditions 007200- 14 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 57. Work - The construction of the Project or its component parts as required by the Contract Documents. 58. 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. 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 General Conditions 007200- 15 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 2.03 Project Management System A. Owner shall administer its design and construction management through an internet-based project management system known as e-Builder. B. Contractor shall conduct all communication through and perform all project-related functions utilizing this project management system. This includes all correspondence, General Conditions 007200- 16 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 submittals, requests for information, payment requests and processing, contract amendments, change orders, delivery orders and other administrative activities. C. Owner shall administer the software and provide training to Contractor's Team. 2.04 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. 2.05 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 and Supplementary Conditions 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. General Conditions 007200- 17 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the Contractor when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or Suppliers. Specifications or details do not need to be indicated or specified in each Specification or Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. 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. General Conditions 007200- 18 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives authority to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that Contractor discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. The exactness of existing grades, elevations, dimensions or locations given on any Drawings issued by Designer, or the work installed by other contractors, is not guaranteed by Owner. Contractor shall,therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. Any errors due to Contractor's failure to verify at the site all such grades, elevations, dimensions or locations relating to such existing or other work shall be rectified by Contractor without any additional cost to Owner. 3. Immediately notify the OAR of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; 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 General Conditions 007200- 19 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 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. General Conditions 007200- 20 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process. 4.04 Delays in Contractor's Progress A. No Damages for Delay: Contractor shall receive no compensation for delays or hindrances to the Work,except in the case of direct interference with means and methods by the Owner. In no event shall the Contractor be entitled to any compensation or recovery of any special damages in connection with any delays, including without limitation: consequential damages, lost opportunity costs, impact damages, or other similar damages. Owner's exercise of any of its rights or remedies under the Contract Documents (including without limitation ordering changes in the Work, or directing suspension, rescheduling, or correction of the Work), regardless of the extent or frequency of Owner's exercise of such rights or remedies, shall not be construed as active interference in the Contractor's performance of the Work. An extension of Contract Time, to the extent permitted, shall be the sole remedy of the Contractor for any acknowledged delays.Contractor agrees that the extension of time provides an equitable adjustment. B. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of Contractor's Team. C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D, for Projects using calendar days or a fixed date to establish the Contract Time. Contractor is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. D. Contractor is entitled to an equitable adjustment in the Contract Times if Contractor's performance or progress is delayed,disrupted or interfered with by unanticipated causes not the fault of and beyond the control of OPT or Contractor. These adjustments in Contract Times are the Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. These unanticipated causes may include: 1. Severe and unavoidable natural catastrophes e.g. fires, floods, hurricanes, epidemics, and earthquakes; 2. Acts or failures to act of utility owners performing other work at or adjacent to the Site; 3. Acts of war or terrorism; and 4. Rain days in excess of the number specified in a calendar year. General Conditions 007200- 21 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 007200- 22 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 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 007200- 23 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 to the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. D. Possible Contract Price and Contract Times Adjustments: 1. Contractor is entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in Contractor's cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 15.03. General Conditions 007200- 24 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. Investigating and field-verifying the location of underground facilities before beginning Work; 2. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 3. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 4. Locating Underground Facilities shown or indicated in the Contract Documents; 5. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 6. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately, but in no event later than 3 days, if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. General Conditions 007200- 25 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 5.05.8. 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 007200- 26 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 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 007200- 27 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 007200- 28 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 007200- 29 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 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 007200-30 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 007200-31 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 Owner 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 007200-32 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 007200-33 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 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,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 007200-34 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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, make available for viewing 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: General Conditions 007200-35 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 City of Corpus Christi— Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. 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. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and General Conditions 007200-36 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 007200-37 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 Martin Luther King Jr Day Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November General Conditions 007200-38 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Holiday Date Observed Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal holiday falls on a Sunday, it will be observed the following Monday. E. Pay additional cost incurred by Owner for services of the OAR or RPR to observe Work constructed outside of regular working hours. OAR will issue a Set-off in the Application for Payment for this cost per Paragraph 17.01.13 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 007200-39 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 F. Contractor maybe 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 007200-40 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. Contractor is to include the cost associated with the use of patented or copyrighted products or processes, whether specified or selected by the Contractor, in the Contract Price. B. Contractor's obligation to indemnify Owner for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. 7.06 Permits A. Obtain and pay for construction permits and licenses. OPT is to assist Contractor in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the Contractor's Bid is submitted or when Contractor negotiates the Contract Price. This Project is not exempt from City permits and fees unless expressly stated otherwise. 7.07 Taxes A. Contractor is responsible for all taxes and duties arising out of the Work. The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any city or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Contractor is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. Contractor must comply with all federal regulations governing the exemptions. 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 007200-41 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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.B caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. General Conditions 007200-42 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 007200-43 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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, Contractor shall indemnify, defend, and hold harmless the Owner 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 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 against a claim, loss, damage or expense caused by the sole negligence of an Owner. B. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the Owner from and against Indemnified 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 from the consequences of the Owner's sole negligence. c. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the Owner from and against Indemnified Costs resulting from infringement on patent rights or copyrights by Contractor's Team. General Conditions 007200-44 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 D. The indemnification obligations of this Paragraph 7.14 are not limited by the amount or type of damages, compensation or benefits payable by or for members of the Contractor's Team or other individuals or entities under workers' compensation acts, disability benefit acts, or other employee benefit acts in claims against Owner by an employee or the survivor or personal representative of employee of Contractor's Team. The indemnification obligations of this Paragraph 7.14 shall not be deemed to be released,waived or modified in any respect by reason of any surety or insurance provided by Contractor. E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner does not waive any rights to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10-day period. 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 as to its defense of the claim within 10 days after being notified of the indemnification request. Owner may assume and control the defense if Contractor does not assume the defense. Pay all defense expenses of the Owner as an indemnified loss. 2. Owner may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Contractor defends the claim. Contractor may not settle the claim without the consent or agreement of Owner. Contractor may settle the claim with Owner's consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner to comply with restrictions or limitations that adversely affect Owner; b. Would require Owner to pay amounts that Contractor does not fund in full; or c. Would not result in Owner's 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 General Conditions 007200-45 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 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. General Conditions 007200-46 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 E. Inspect the work of others and immediately notify OAR if the proper execution of part of Contractor's Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of Contractor's Work. Contractor's failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with Contractor's Work. This acceptance does not apply to latent defects or deficiencies in the work of others. F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT or other contractor retained by the City: 1. Damages the Work or property of Contractor's Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor's ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor's Team damages, delays, disrupts, or interferes with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner's contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors if damages, delays, disruptions, or interference occur. General Conditions 007200-47 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 E. Contractor's obligation to indemnify Owner for claims arising out of or related to damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Article 17. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 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. General Conditions 007200-48 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. 9.12 Plans and Specifications A. Owner does not warrant the plans and specification. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 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. General Conditions 007200-49 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work or accept the Work under the provisions of Paragraph 16.04 if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing the Contract Documents A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and Contractor may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. General Conditions 007200-50 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 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. General Conditions 007200-51 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 B. Contractor is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. 11.04 Change of Contract Price A. The Contract Price for authorized Work can only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 13. B. An adjustment in the Contract Price is to be determined as follows: 1. By applying unit prices to the quantities of the items involved, subject to the provisions of Paragraph 15.03, where the Work involved is covered by unit prices in the Contract Documents; 2. By a mutually agreed lump sum where the Work involved is not covered by unit prices in the Contract Documents; or 3. Payment on the basis of the Cost of the Work determined as provided in Paragraph 15.01 plus a Contractor's fee for overhead and profit determined as provided in Paragraph 15.05 when the Work involved is not covered by unit prices in the Contract Documents and the parties do not reach a mutual agreement to a lump sum. C. The original Contract Price may not be increased by more than 25 percent or the limit set out in Texas Local Government Code 252.048 or its successor statute, whichever is greater. Owner may decrease the Work by up to 25 percent of the Contract Price. 11.05 Change of Contract Times A. The Contract Times for authorized Work can only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 13. B. An adjustment of the Contract Times is subject to the limitations described in Paragraph 4.04. 11.06 Change Proposals A. Submit a Change Proposal in accordance with Article 12 to the OAR to: 1. Request an adjustment in the Contract Price or Contract Times; 2. Appeal an initial decision by OPT concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; 3. Contest a set-off against payment due; or 4. Seek other relief under the Contract Documents. General Conditions 007200-52 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 B. Notify the OAR within 3 days if a Change Proposal is to be submitted. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. 11.07 Execution of Change Orders A. Owner and Contractor are to execute Change Orders covering: 1. Changes in the Contract Price or Contract Times, which are agreed to by Owner and Contractor, including undisputed sums or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from Owner set-offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, b. Required because Defective Work was accepted under Paragraph 16.04 or Owner's correction of Defective Work under Paragraph 16.07, or c. Agreed to by the Owner and Contractor; and 4. Changes in the Contract Price or Contract Times, or other changes under Paragraph 11.06 or Article 13. B. Acceptance of a Change Order by Contractor constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by Contractor constitutes conclusive evidence of Contractor's agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor's submission by Owner constitutes neither acceptance nor approval of a Change Order, nor a warranty that the Change Order will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. If the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, the Change Order is deemed to be in full force as if executed by Contractor. Contractor may file a Claim for payment and/or time, pursuant to Article 13. General Conditions 007200-53 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 11.08 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents,or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. A Change Proposal must be submitted to the OAR no later than 30 days after the event initiating the Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; and 9) Other items of cost. General Conditions 007200-54 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the OAR to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and Contractor's supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The Contractor may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 13. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. 12.04 Substitutions A. The products of the listed Suppliers are to be furnished where Specifications list several manufacturers but do not specifically list "or equal" or "or approved equal" products. Use of any products other than those specifically listed is a substitution. Follow these procedures for a substitution. B. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 12.02 along with a Shop Drawing as required by Article 25 to request approval of a substitution. General Conditions 007200-55 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. Prove that the product is acceptable as a substitute. It is not the Designer's responsibility to prove the product is not acceptable as a substitute. 1. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. 2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the documents submitted. 3. The decision of the Designer regarding the acceptability of the proposed substitute product is final. D. Provide a written certification that, in making the substitution request,the Contractor: 1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. 2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product. 3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. 4. Will maintain the same time schedule as for the specified product. E. Pay for review of substitutions in accordance with Article 25. ARTICLE 13—CLAIMS 13.01 Claims A. Follow the Claims process described in this Article for the following disputes between Owner and Contractor: 1. Seeking an adjustment of Contract Price or Contract Times; 2. Contesting an initial decision by OAR concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; 3. Appealing OAR's decision regarding a Change Proposal; 4. Seeking resolution of a contractual issue that OAR has declined to address; or 5. Seeking other relief with respect to the terms of the Contract. B. Contractor shall be entitled to an extension of Contract Time for delays or disruptions due to unusually severe weather in excess of weather normally experienced at the job site, as determined from climatological data set forth by the National Weather Service and which affects the Project's critical path. Contractor shall bear the entire economic risk of all weather delays and disruptions. Contractor shall not be entitled to any increase in the Contract Price by reason of such delays or disruptions. Upon Contractor reaching Substantial Completion, Owner and Contractor shall look back at the entire duration of the calendar day Project and review the totality of what Contractor claims were unusually severe weather disruptions. If the Project was delayed or disrupted due to unusually severe weather in General Conditions 007200-56 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 excess of weather normally experienced over the entire duration of the Project, Contractor may make a Claim for an extension of the Contract Time for delays or disruptions due to unusually severe weather in excess of weather normally experienced at the job site, as determined from climatological data set forth by the National Weather Service and which affects the Project's critical path. Anytime extension granted shall be non-compensatory. 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Except for Claims resulting from unusually severe weather, notice of a Claim by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 14 days after the start of the event giving rise to the Claim. Failure by Contractor to submit written notice of a Claim within 14 days shall constitute a waiver of such Claim. C. Submit the complete Claim with supporting documentation to Owner no later than 60 days after the start of the event giving rise to the Claim (unless Designer allows additional time for claimant to submit additional or more accurate data in support of such Claim). The Claim must be signed and sworn to by Contractor, certifying that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief,the relief requested accurately reflects the full compensation to which Contractor is entitled. Failure by Contractor to submit the Claim within 60 days shall constitute a waiver of such Claim. D. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. E. Claims by Owner must be submitted by written notice to Contractor. F. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR or Designer. 2. Claims seeking an adjustment of Contract Time must include a Time Impact Analysis and native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR or Designer. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation. H. Designer will review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or General Conditions 007200-57 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the Claim shall be deemed denied 30 days after receipt of the Claim. J. Following receipt of Designer's initial recommendation regarding a Claim,the Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. If the entity receiving a Claim approves the Claim in whole or in part or denies it in whole or in part, this action is final and binding unless the other entity invokes the procedure described in Article 22 for final resolution of disputes by filing a notice of appeal within 30 days after this action. L. If the Owner and Contractor reach a mutual agreement regarding a Claim, the results of the agreement or action on the Claim will be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents, the Contract Price, or the Contract Times. M. Both parties shall continue to perform all obligations under the Agreement during the pendency of any dispute or disagreement relating to this Agreement, unless performance would be impracticable or impossible under the circumstances. N. Any failure of Contractor to comply with any of the foregoing conditions precedent with regard to any such Claim shall constitute a waiver of any entitlement to submit or pursue such Claim. O. Receipt and review of a Claim by City shall not be construed as a waiver of any defenses to the Claim available to the City under the Contract Documents or at law. ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS 14.01 Payment of Prevailing Wage Rates A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. B. Contractor and its Subcontractors are required to pay Davis-Bacon Wage Rates. C. Contractor and its Subcontractors are required to pay laborers and mechanics an overtime rate of not less than one and one-half times the basic rate for all hours worked in excess of forty hours in a given workweek. 14.02 Records A. In accordance with Tex. Gov't Code §2258.024,the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. General Conditions 007200-58 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 007200-59 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items: 1. Payroll costs for Contractor's employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 15.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits, which may include: 1) Social security contributions, 2) Unemployment, 3) Excise and payroll taxes, 4) Workers' compensation, 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave, vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on Sunday or legal holidays, to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers'field services. Contractor may retain cash discounts unless Owner provided funds to the Contractor for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining,with the OPT,which bids are acceptable. The Subcontractor's Cost of the Work and fee are determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 15.01 if the subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. 4. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work; b. Costs of materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site including transportation and maintenance costs; General Conditions 007200-60 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. For Contractor-and Subcontractor-owned machinery,trucks, power tools or other equipment, use the FHWA rental rates found in the Rental Rate Blue Book ("Blue Book") multiplied by the regional adjustment factor and the rate adjustment factor to establish hourly rates. Use the rates in effect for each section of the Blue Book at the time of use. Payment will be made for the actual hours used in the Work. 1) Standby costs will be paid at 50% of the FHWA rental rates found in the Blue Book if Contractor is directed by Owner in writing to standby. Standby costs will not be allowed during periods when the equipment would otherwise have been idle. For a six-day work week, no more than eight hours per a 24-hour day, no more than 48 hours per week and no more than 208 hours per month shall be paid of standby time. Operating costs shall not be charged by Contractor. e. 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; 1) The hourly rate shall be determined by dividing the actual invoice cost by the actual number of hours the equipment is involved in the Work. Owner reserves the right to limit the hourly rate to comparable Blue Book rates. 2) If Contractor is directed to standby in writing by Owner, standby costs will be paid at the invoice daily rate excluding operating costs, which includes fuel, lubricants, repairs and servicing. f. 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; g. Deposits lost for causes other than negligence of Contractor's Team; h. Royalty payments and fees for permits and licenses; i. Cost of additional utilities, fuel, and sanitary facilities at the Site; j. Minor expense items directly required by the Work; and k. 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 General Conditions 007200-61 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 15.01.C. E. The Contractor's fee for profit and overhead is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis; 2. A mutually acceptable fixed fee; or 3. A fee based on the following percentages of the various portions of the Cost of the Work: a. The Contractor's fee is 15 percent for costs incurred under Paragraphs 15.01.C.1, 15.01.C.2 and 15.01.C.4; b. The Contractor's fee is 5 percent for costs incurred under Paragraph 15.01.C.3; C. Fees are to be determined as follows where one or more tiers of subcontracts are used: 1) The Subcontractor's fee is 15 percent for costs incurred under Paragraphs 15.01.C.1 and 15.01.C.2 for the Subcontractor that actually performs the Work at whatever tier; 2) The Subcontractor's fee is 5 percent for costs incurred under Paragraph 15.01.C.4 for the Subcontractor that actually performs the Work at whatever tier; and 3) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor. d. No fee is payable on the basis of costs itemized under Paragraph 15.01.D; General Conditions 007200-62 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 e. Five percent of the net decrease in the cost is to be deducted for changes which result in a net decrease in Contract Price; and 4. The adjustment in Contractor's fee is based on the net change in accordance with Paragraphs 15.05.13.1 through 15.05.13.5, inclusive when both additions and credits are involved in any one change. 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 15.02.13.1 and 15.02.13.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 15.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Contract. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR's decision on actual quantities is final and binding, subject to the provisions of Paragraph 15.03.E. General Conditions 007200-63 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 Contract; 2. There is no corresponding adjustment with respect to other items of Work; and 3. Contractor believes it has incurred additional expense as a result of this condition or Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. 15.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Contract. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 15.01. The contingency funds are not to be used for the following items: 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Contract. 2. Rework required to correct Defective Work. 3. Inefficiencies in completing the Work due to the Contractor's selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. General Conditions 007200-64 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. ork;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 007200-65 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 resulting from the Defective Work if it is found that the uncovered Work is Defective. General Conditions 007200-66 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 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. General Conditions 007200-67 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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; g. Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; i. Failure to submit up-to-date record documents as required by the Contract Documents; j. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; k. Failure to provide Project photographs required by the Contract Documents; I. Failure to provide Certified Payroll required by the Contract Documents; General Conditions 007200-68 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 m. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re-inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; n. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; o. OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; p. Other items entitling Owner to a set-off against the amount recommended; or q. Payment would result in an over-payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and Contractor. 3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off. The Owner is to pay the Contractor amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor remedies the reasons for the set-off. Contractor may submit a Change Proposal contesting the set-off. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. 17.02 Application for Payment A. Submit Applications for Payment for completed Work and for materials and equipment 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; General Conditions 007200-69 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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; 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; General Conditions 007200-70 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. Payment will not be made without this approval. D. OAR may withhold processing Applications for Payment if any of the following processes or documentation are not up to date: 1. Record Documents per Article 20. 2. Progress Schedule per Article 27. 3. Project photographs per Article 28. 4. Documentation required to comply with Owner's Minority / MBE / DBE Participation Policy. 5. Documentation required to substantiate any approved Project deviation, including overruns of Designer's estimated quantity. 6. Documentation required by funding agency, if applicable. 17.03 Schedule of Values A. Submit a detailed Schedule of Values for the Work at least 10 days prior to submitting the first Application for Payment. B. Submit the Schedule of Values in the form attached to the Application for Payment - Tabulation of Earned Value of Original Contract Performed. C. Do not submit an Application for Payment until the Schedule of Values has been approved by the OAR. D. If unit prices are included in the Contract, use each unit price line item in the Contract as a unit price line item in the Schedule of Values. E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. General Conditions 007200-71 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 costs associated with the item in the Contract. The sum of the two components must equal the value of the line item in the Schedule of Values. G. Where a percentage of the line value is allowed for a specified stage of completion,show the value for each stage of completion as a component of that line item cost. 17.04 Schedule of Anticipated Payments and Earned Value A. Submit a schedule of the anticipated Application for Payments showing the application numbers, submission dates, and the anticipated amount to be requested. Incorporate retainage into the development of this schedule of anticipated payments. B. Submit a tabulation of the anticipated Total Earned Value of Fees, Work, and Materials to create a graphic (curve) representation of the anticipated progress on the Project each month. Adjust this table and curve to incorporate Modifications. Use this curve to compare actual progress on the Project each month by comparing the anticipated cumulative Total Earned Value of Fees, Work, and Materials to the actual Total Earned Value of Fees, Work, and Materials each month. Use the comparison of values to determine performance on budget and schedule. C. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed. General Conditions 007200-72 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 17.05 Basis for Payments A. Lump Sum Contracts: 1. Payment will be made for the earned value of Work completed during the payment period expressed as a percentage of Work completed for each line item during the payment period per the Contract Documents. 2. Payment amount is the value of Work completed per the Contract Documents multiplied by the percentage of Work completed. 3. Payment for lump sum items divided into an estimated number of units to determine earned value per Paragraph 17.03 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 17.06. B. Unit Price Contracts: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Contract. b. Payment for stored materials and equipment will be made per Paragraph 17.06. 2. Measure the Work described in the Contract for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 17.06 Payment for Stored Materials and Equipment A. Store materials and equipment properly at the Site. 1. Payment will be made for the invoice amount less the specified retainage. 2. Payment for materials and equipment shown in the Application for Payment and attachments will be made for the invoice amount, up to the value shown in the Schedule of Values for that line item. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be added to other line items. 3. Payment will be made in full for the value shown in the line item for products and materials if invoices for materials and equipment are less than the amount shown in the line item and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item. 4. Provide invoices at the time materials are included on the Application for Payment and attachments. Include invoice numbers so that a comparison can be made between invoices and amounts included on the Application for Payment and attachments. B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for General Conditions 007200-73 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 Retainage and Set-Offs A. Retainage will be withheld from each Application for Payment per the Agreement. Retainage will be released per the General Conditions. B. Reduce payments for set-offs per the General Conditions. Include the appropriate attachment to the Application for Payment. 17.08 Procedures for Submitting an Application for Payment A. Submit a draft Application for Payment to the OAR each month at least 20 days before the date established in the Contract for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the OAR to determine concurrence with: 1. The earned value for each lump sum item including the value of properly stored and documented materials and equipment for each item in the original Contract. 2. The quantity of Work completed for each unit price item. 3. Set-offs included in the Application for Payment. 4. Values requested for materials and equipment consistent with invoices for materials and equipment. B. Submit Applications for Payment monthly through the OAR after agreement has been reached on the draft Application for Payment. 1. Number each application sequentially and include the dates for the application period. 2. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage, and set- offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. General Conditions 007200-74 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 C to document set-offs required per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the set-off amount if a payment held by a set-off is released for payment. 6. Include Attachment D to allow tracking of invoices used to support amounts requested as materials in Attachments A and B. Enter materials to show the amount of the invoice assigned to each item in Attachment A or B if an invoice includes materials used on several line items. 7. Complete the certification stating that all Work, including materials and equipment, covered by this Application for Payment have been completed or delivered and stored in accordance with the Contract Documents,that all amounts have been paid for Work, materials, and equipment for which previous payments have been made by the Owner, and that the current payment amount shown in this Application for Payment is now due. C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. 2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 17.09 Responsibility of Owner's Authorized Representative A. OAR will review draft Application for Payment with Contractor to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by Contractor to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. C. OAR is to either recommend payment of the Application for Payment to Owner or notify the Contractor of the OPT's reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment if it is not recommended within 10 days after receipt of the notice. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR's recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. General Conditions 007200-75 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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; 4. To make examinations to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price; or 5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens. 17.10 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to the Work, materials, and equipment furnished under the Contract is to pass to Owner free and clear of Liens, title defects, and patent, licensing, copyright, or royalty obligations no later than 7 days after the time of payment by Owner of the Application for Payment which includes these items. 17.11 Substantial Completion A. Notify OAR when Contractor considers the entire Work substantially complete and request a Certificate of Substantial Completion. B. OPT is to inspect the Work within 30 days after Contractor's notification to determine if the Work is substantially complete. OAR, within 120 days after receipt of Contractor's notification, is to either issue the Certificate of Substantial Completion which sets the date of Substantial Completion or notify Contractor of the reasons the Project is not considered to be substantially complete. General Conditions 007200-76 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. The OPT and Contractor are to meet to discuss Owner's use or occupancy of the Work following Substantial Completion. Items to be discussed at this meeting include: 1. Review of insurance policies with respect to the end of the Contractor's coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner; 2. Owner's assumption of responsibility for security, operation, protection of the Work, maintenance, and utilities upon Owner's use or occupancy of the Work; 3. Contractor's obligations for operations and maintenance during performance and acceptance testing; 4. Contractor's access to the Site to complete punch list items; and 5. Procedures for correction of Defective Work during the 1-year correction period. 17.12 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 17.11 forthis part ofthe Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 17.13 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 17.14 Final Application for Payment A. Include adjustments to the Contract Price in the final Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Allowances not previously adjusted by Change Order, 3. Deductions for Defective Work that has been accepted by the Owner, 4. Penalties and bonuses, 5. Deductions for liquidated damages, 6. Deduction for all final set-offs, and 7. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. General Conditions 007200-77 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 17.15 Final Payment A. Make final Application for Payment after completing required corrections identified during the final inspection and delivering items and documents required by the Contract Documents. Provide the following with the final Application for Payment: 1. Consent of Surety to Final Payment acknowledging unsettled disputes; and 2. Certification of Payment of Debts and Claims or Certification of Release of Liens or furnish receipts or releases in full from Subcontractors and Suppliers. B. OAR is to either recommend payment of the final Application for Payment to Owner if OPT is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled or notify the Contractor of the OPT's reasons for not recommending final payment. C. The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the OAR's recommendation of payment of the final Application for Payment to Owner and the issuance of a Certificate of Final Completion. D. The Owner is to pay the amount of final payment recommended by the OAR within 30 days after receipt of the final Application for Payment and accompanying documentation from the OAR. 17.16 Waiver of Claims A. The making of final payment does not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after final inspection; 3. Contractor's failure to comply with the Contract Documents or the terms of specified special guarantees; or 4. Contractor's continuing obligations under the Contract Documents. B. Contractor waives claims and rights against Owner by accepting final payment with the exception of those Claims made in accordance with the provisions of Article 22 and specifically noted in the Certificate of Final Completion. 17.17 Correction Period A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or, in the event of a latent defect, within 1 year after discovery thereof by City. B. Promptly correct damages to the Site or adjacent areas that Contractor has arranged to use through construction easements or other agreements. Promptly correct damages to Work or the work of others. Make corrections without cost to Owner. C. Owner may have the Defective Work and damages described in Paragraphs 17.17.A and 17.17.B corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. General Conditions 007200-78 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 D. Contractor's obligation to indemnify Owner for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or system is placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. Contractor's obligations under this Paragraph 17.17 are in addition to other obligations or warranties. The provisions of this Paragraph 17.17 are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. ARTICLE 18—SUSPENSION OF WORK AND TERMINATION 18.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to Contractor. This notice fixes the date on which Contractor is to resume Work. Contractor is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 18.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; 4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against Contractor, b. Contractor is adjudged as bankrupt or insolvent, c. Contractor or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of Contractor's creditors, or e. A receiver is appointed on account of Contractor's insolvency; 5. Contractor's disregard of Laws or Regulations of public bodies having jurisdiction; 6. Contractor's repeated disregard of the authority of OPT; 7. Contractor's failure to prosecute the work with diligence; or General Conditions 007200-79 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 8. Contractor's other material breach of the contract. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 18.02.A.4. Owner may terminate Contractor's performance under this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR's request for this information. C. Owner may declare Contractor to be in default, give notice to Contractor and surety that Contractor's performance under the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days' notice that one or more of the events identified in Paragraph 18.02.A has occurred. D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated Contractor's performance under the Contract for cause. E. Owner may elect not to proceed with termination of Contractor's performance under the Contract under this Paragraph 18.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. Contractor is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 18.02. The amount of the Contract Price remaining is to be paid to the Contractor if the unpaid balance exceeds the cost to complete the Work. The cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination of Contractor's performance does not affect the rights or remedies of Owner against Contractor or against surety under the Payment Bond or Performance Bond. Owner does not release Contractor from liability by paying or retaining money due Contractor. H. In the event the Owner terminates the contract for cause, and it is later determined that cause for termination was lacking, the termination will be deemed a termination without cause under Paragraph 18.03. 18.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days' notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 15.05; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. General Conditions 007200-80 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 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. General Conditions 007200-81 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 19.06 Access to the Site A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Owner as Record Data per Article 26. 19.07 Contractor's Use of Site A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the OAR. Coordinate the use of the premises with the OAR. B. Provide security at the Site as necessary to protect against vandalism and loss by theft. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures. E. Park employees'vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately-owned land outside of the Owner's property, rights-of-way, or easements. G. Do not allow the use of audio devices, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. General Conditions 007200-82 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action and coordinate Work with local utility companies and others for the relocation or replacement. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damaged items to the satisfaction of the OPT and utility owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or approved by the OAR. Notify and cooperate with the utility owner if it is necessary to move services, poles,guy wires, pipelines, or other obstructions. E. Protect existing trees and landscaping at the Site. 1. Identify trees that may be removed during construction with OPT. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 4. Protect root zone from compaction. 19.09 Pre-Construction Exploratory Excavations A. Excavate and expose existing pipelines that cross within 20 feet of Project pipelines prior to any Work. Survey the line to determine its exact vertical and horizontal location at each point the existing pipeline may potentially conflict with the Work. B. Excavate and expose existing parallel pipelines at 300 feet intervals (maximum) for existing pipelines which are within 10 feet of Project pipelines. Survey the line to determine its exact vertical and horizontal location at each point where the line is excavated and exposed. General Conditions 007200-83 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. Prepare a Plan of Action indicating the owner of pipelines excavated and surveyed and all pertinent survey data, including the station where lines cross or conflicts may exist and the distance to the pavement centerline and elevations of the top of existing pipelines. D. Do not perform Work on the Project until all exploratory excavations have been completed and the Plan of Action has been approved by the OAR. E. Unless specifically indicated otherwise in the Bid Form, no separate payment will be made for pre-construction exploratory excavations. Include the cost for pre-construction exploratory excavations in the unit price for the pipe construction or other applicable feature. When necessary, pavement repairs associated with exploratory excavations that are beyond the limits of the new pavement will be paid for at the unit prices for pavement repair when an item is included in the Bid Form. When an item for pavement repair is not included in the Bid Form, the cost should be included in the unit price for the pipe construction or other applicable feature. 19.10 Disruption of Services/Continued Operations A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner of utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum. 1. Do not restrict access to critical valves or operators. 2. Limit operations to the minimum amount of space needed to complete the specified Work. 3. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. B. Provide a Plan of Action if facilities must be taken out of operation. 19.11 Field Measurements A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions. B. Verify property lines, control lines,grades, and levels indicated on the Drawings. C. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. D. Include field measurements in Record Data as required in Article 26. 19.12 Reference Data and Control Points A. The OPT will provide the following control points: 1. Base line or grid reference points for horizontal control. 2. Benchmarks for vertical control. B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Designated control points may be on an existing structure or monument. Do not change or relocate points without prior approval of the OAR. General Conditions 007200-84 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Notify OAR when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey. C. Provide complete engineering layout of the Work needed for construction. 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms,tools, and materials. 2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record Data and measurements per standards. 19.13 Delivery and Storage A. Deliver products and materials to the Site in time to prevent delays in construction. 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 precautionsto preventthe pipefrom 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. General Conditions 007200-85 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 4. Provide surface drainage to prevent erosion and ponding of water. 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. 7. Store light weight products to prevent wind damage. I. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements; 2. Supplier's required environmental conditions are continually maintained; and 3. Products that can be damaged by exposure to the elements are not adversely affected. J. Replace any stored item damaged by inadequate protection or environmental controls. K. Payment may be withheld for any products not properly stored. 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: General Conditions 007200-86 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 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. General Conditions 007200-87 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3. Adhere to the requirements of the Texas Historical Commission. 4. Notify the OAR and the Texas Historical Commission. C. Do not disturb archaeological sites. 1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit archaeological work to take place within the area. a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract Times will be modified to compensate for delays caused by such archaeological finds. No additional compensation will be paid for delays. 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. General Conditions 007200-88 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 B. Use the forms provided for Contract administration, applications for payment, document submittals, documentation of test results, equipment installation and documentation, and Project closeout. A digital copy of the required forms will be provided to the Contractor before or at the pre-construction conference. 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The OAR will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. C. The OAR will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the OAR at the address indicated at the pre-construction conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Contract title. 4. Project number. 5. Date. 6. A reference statement. 20.04 Project Meetings A. Pre-Construction Conference: 1. Attend a pre-construction conference. 2. The location of the conference will be determined by the OAR. 3. The time of the meeting will be determined by the OAR but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued. 4. The OPT, Contractor's project manager and superintendent, representatives of utility companies, and representatives from major Subcontractors and Suppliers may attend the conference. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per Article 27. b. Schedule of Values and anticipated Schedule of Payments per Article 17. C. List of Subcontractors and Suppliers. General Conditions 007200-89 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 d. Contractor's organizational chart as it relates to this Project. e. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents,Contract Modifications, and payment requests. B. Progress Meetings: 1. Attend meetings with the OAR and Owner. a. Meet on a monthly basis or as requested by the OAR to discuss the Project. b. Meet at the Site or other location as designated by the OAR. c. Contractor's superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. d. Notify the OAR of any specific items to be discussed a minimum of 1 week prior to the meeting. 2. Provide information as requested by the OAR or Owner concerning this Project. Prepare to discuss: a. Status of overall Project schedule. b. Contractor's detailed schedule for the next month. c. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of documents. f. Information or clarification of the Contract Documents. g. Claims and proposed Modifications to the Contract. 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. General Conditions 007200-90 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 4. Prepare minutes of the meeting and submit to the OPT for review. OPT will review the minutes of the meeting and notify the Contractor of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in a revised set of meeting minutes. 20.05 Requests for Information A. Submit Request for Information (RFI) to the OAR to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. OAR will return requests that do not have adequate information to the Contractor for 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. General Conditions 007200-91 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. Decisions or action items in the log that require a change in the Contract Documents will have the preparation of a Modification as an action item if appropriate. The Contract Documents can only be changed by a Modification. 20.07 Notification By Contractor A. Notify the OAR of: 1. Need for testing. 2. Intent to work outside regular working hours. 3. Request to shut down facilities or utilities. 4. Proposed utility connections. 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. General Conditions 007200-92 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. D. Maintain a digital record of Drawings in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. 3. Record information as construction is being performed. Do not conceal any Work until the required information is recorded. 4. Mark Drawings to record actual construction, including the following: a. Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. b. Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. C. Location of utilities and appurtenances concealed in the Work. Refer measurements to permanent structures on the surface. Include the following equipment: 1) Piping. 2) Ductwork. 3) Equipment and control devices requiring periodic maintenance or repair. 4) Valves, unions,traps, and tanks. 5) Services entrance. 6) Feeders. 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. General Conditions 007200-93 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 6. Submit Record Documents to Designer for review and acceptance 30 days prior to Final Completion of the Project. E. Applications for Payment will not be recommended for payment if Record Documents are found to be incomplete or not in order. Final payment will not be recommended without complete Record Documents. ARTICLE 21—QUALITY MANAGEMENT 21.01 Contractor's Responsibilities A. Review the OPT's Quality Management Program and prepare and submit the Contractor's Quality Control Plan. B. Implementthe 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; General Conditions 007200-94 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 h. Provide facilities required to store and cure test Samples; i. Provide calibrated scales and measuring devices for the OPT's use in performing inspections and testing; j. Provide adequate lighting to allow OPT observations; and k. Make Contract Documents available to testing agencies when requested. 5. Provide safe access for all inspection and testing activities, including those to be conducted as part of the OPT's Quality Management Program. 6. Document Defective Work through Certified Test Reports and Defective Work Notices. Document that corrective actions have been taken to correct any defects and that corrected Work is in compliance with the Contract Documents. 7. Apply quality control measures to documentation provided for the Project. 8. Implement countermeasures to prevent future Defective Work. C. Perform tests as indicated in this and other Sections of the Specifications. Technical Specifications govern if any testing and inspection requirements of this Section conflict with the testing and inspection requirements of the technical Specifications. D. All verification testing is to be observed by the OAR or designated representative. E. Send test reports to the OAR and the Designer. F. Provide an update on quality control activities at monthly progress meetings. G. Owner will withhold payment for Defective Work, or Work that has not been tested or inspected in accordance with the Contractor's Quality Control Plan,the OPT's Quality Control Program, or the Contract Documents. H. Owner will withhold payment for additional testing fees incurred due to Contractor noncompliance with OPT's Quality Control Program, including retesting fees, standby time, cancellation charges, and trip fees for retesting or cancellations. I. Work performed that is connected or adjacent to Defective Work or Work that would have to be removed to correct Defective Work is also considered to be Defective. Contractor is responsible for all cost with replacing any acceptable Work that must be removed or might be damaged by corrective actions. 21.02 Quality Management Activities by OPT A. OPT will perform its own quality assurance tests independent of the Contractor's Quality Control Program. Assist the OPT and testing organizations in performing quality assurance activities per Paragraph 21.01. B. Quality assurance testing performed by the OPT will be paid for by the Owner, except for verification testing required per Paragraph 21.07. C. Quality assurance activities of the OPT, through their own forces or through contracts with consultants and materials testing laboratories are for the purpose of monitoring the results of the Contractor's Work to see that it is in compliance with the requirements of the Contract Documents. Quality assurance activities or non-performance of quality assurance activities by the OPT do not: General Conditions 007200-95 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 1. Relieve the Contractor of its responsibility to provide Work or furnish products that conform with the requirements of the Contract Documents; 2. Relieve the Contractor of its responsibility for providing adequate quality control measures; 3. Relieve the Contractor of its responsibility for damage to or loss of Work or products before OPT's acceptance; 4. Constitute or imply OPT's acceptance; and 5. Affect the continuing rights of the Owner after OPT's acceptance of the completed Work. D. Work is subject to OPT's quality assurance observations or testing at any time. Products which have been tested or inspected and approved by OPT at a supply source or staging area may be inspected or tested again by the OPT before, during or after incorporation into the Work and rejected if products do not comply with the Contract Documents. 21.03 Contractor's Use of OPT's Test Reports A. OPT has prepared a Quality Management Plan that describes, in general, the OPT's anticipated quality assurance testing program for this Project. This testing program will be made available to Bidders during the bidding phase. This plan outlines only the testing in general terms and may not reflect actual testing. Actual testing will depend on the Contractors means, methods and procedures of construction which will not be known until the Contractor begins Work and submits their own Quality Control Plan for review. There is no guarantee that all testing will be performed. B. Contractor will receive copies of all test reports documenting OPT's quality assurance activities. Contractor is entitled to rely on the accuracy of these test results and use these as part of their quality control efforts. C. Contractor is to determine additional testing or inspections that may be required to implement the Contractor's Quality Control Plan. Include cost for additional testing and inspections required to meet Contractors quality control obligations, including the cost for correcting Defective Work in the Contract Price. D. Contractor may submit a Change Proposal if OPT's quality assurance testing program deviates significantly from the OPT's Quality Management Plan, and Contractor can demonstrate that additional cost was incurred to implement the Contractor's Quality Control Plan resulting from these deviations. 21.04 Documentation A. Provide documentation which includes: 1. Contractor's Quality Management Plan that establishes the methods of assuring compliance with the Contract Documents. Submit this plan as a Shop Drawings per Article 25. 2. A Statement of Qualification for any proposed testing laboratories that includes a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list of tests that can be performed, General Conditions 007200-96 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 equipment used with date of last certification, and a list of recent projects for which testing has been performed with references for those projects. 3. Provide Certified Test Reports for products to be incorporated into the Project. Provide reports to indicate that proposed products comply with the Contract Documents or indicate that proposed products do not comply with the Contract Documents and why it does not comply. Submit these test reports as part of a Shop Drawings submitted per Article 25. 4. Provide Certified Test Reports for inspection and testing required in this Section and in other Specification Sections. Provide reports to indicate that Work complies with the Contract Documents or indicate that Work does not comply with the Contract Documents and why it does not comply. Submit these test reports on forms provided per Article 24. 21.05 Standards A. Provide testing laboratories that comply with the American Council of Independent Laboratories (ACIL) "Recommended Requirements for Independent Laboratory Qualifications." B. Perform testing per recognized test procedures as listed in the various Sections of the Specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 21.06 Delivery and Storage A. Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. Provide facilities for storing, curing, and processing test specimens as required by test standard to maintain the integrity of Samples. 21.07 Verification Testing for Corrected Defects A. Provide verification testing on Work performed to correct Defective Work to demonstrate that the Work is now in compliance with the Contract Documents. Document that Defective Work has been corrected and verify that the OAR closes the item in the Defective Work Register. B. Pay for verification testing. OPT may perform verification testing as part of their Quality Management Program and impose a Set-off to recover the cost for this testing. C. Conduct the same tests or inspections used to determine that the original Work was Defective. Different tests or methods may be used if approved by the OPT. 21.08 Test Reports A. Certified Test Reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT. These reports must include the following: a. Name of the Owner, Project title and number and Contractor; General Conditions 007200-97 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 b. Name of the laboratory, address, and telephone number; C. Name and signature of the laboratory personnel performing the test; d. Description of the product being sampled or tested; e. Date and time of sampling, inspection, and testing; f. Date the report was issued; g. Description of the test performed; h. Weather conditions and temperature at time of test or sampling; i. Location at the Site or structure where the sample was taken; j. Standard or test procedure used in making the test; k. A description of the results of the test; 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 General Conditions 007200-98 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 submitting and include a copy of the completed checklist with the Contractor's Quality Control Plan. Do not begin Work until the Contractor's Quality Control Plan is approved. Submit an interim plan covering only the portion of Work to be performed if the Contractor plans to begin Work prior to submitting the Contractor's Quality Control Plan for the Project. Do not begin Work on other parts of the Project until the Contractor's Quality Control Plan is approved or another interim plan covering the additional Work to be started is approved. B. Provide a Contractor's Quality Control Plan that incorporates construction operations at both the Site and production Work at remote locations and includes Work by Subcontractors and Suppliers. The Contractor's Quality Control Plan is to include: 1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work; 2. Documentation describing name, qualifications (in resume format), duties, responsibilities, and level of authority of the Quality Control Manager; 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 21.11.13.5 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. General Conditions 007200-99 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 E. Meet with the OPT 7 days after Contractor's Quality Control Plan is submitted and before start of construction to discuss the Contractor's Quality Control Plan and expedite its approval. 21.12 Implement Contractor's Quality Control Plan A. Perform quality control observations and testing as required in each Section of the Specifications and where indicated on the Drawings. B. Include the following phases for each definable Work task. A definable Work task is one which is separate and distinct from other tasks, has separate control requirements, may be provided by different trades or disciplines, or may be Work by the same trade in a different environment. 1. Planning Phase: Perform the following before beginning each definable Work task: a. Review the Contract Drawings. b. Review documents and determine that they are complete in accordance with the Contract Documents. c. Check to assure that all materials and/or equipment have been tested, submitted, and approved. d. Examine the work area to assure that all required preliminary Work has been completed and complies with the Contract Documents. e. Examine required materials, equipment, and Sample Work to assure that they are on hand, conform to Shop Drawings and Record Data, and are properly stored. f. Review requirements for quality control inspection and testing. g. Discuss procedures for controlling quality of the Work. Document construction tolerances and workmanship standards for the Work task. h. Check that the portion of the plan for the Work to be performed incorporates document review comments. i. Discuss results of planning phase with the OAR. Conduct a meeting attended by the Quality Control Manager, the OAR, superintendent, other quality control personnel as applicable, and the foreman responsible for the Work task. Instruct applicable workers as to the acceptable level of workmanship required in order to meet the requirements of the Contract Documents. Document the results of the preparatory phase actions by separate meeting minutes prepared by the Quality Control Manager and attached to the quality control report. j. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. 2. Work Phase: Complete this phase after the Planning Phase: a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. General Conditions 007200- 100 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed. d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required Sample panels as appropriate. e. Repeat the Work phase for each new crew to work on-site, or any time acceptable specified quality standards are not being met. 3. Follow-up Phase: Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements: a. Make checks daily and record observations in the quality control documentation. b. Conduct follow-up checks and correct all deficiencies prior to the start of additional Work tasks that may be affected by the Defective Work. Do not build upon nor conceal Defective Work. c. Conduct a review of the Work with the OPT one month prior to the expiration of the correction period. Correct defects as noted during the review. C. Conduct additional planning and Work phases if: 1. The quality of on-going Work is unacceptable; 2. Changes are made in applicable quality control staff, on-site production supervision or crews; 3. Work on a task is resumed after a substantial period of inactivity; or 4. Other quality problems develop. ARTICLE 22—FINAL RESOLUTION OF DISPUTES 22.01 Senior Level Negotiations A. Each party is required to continue to perform its obligations under the Contract pending the final resolution of any dispute arising out of or relating to the Contract, unless it would be impossible or impracticable under the circumstances then present. B. All negotiations pursuant to Article 22 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. C. Before invoking mediation, Owner and Contractor agree that they first shall try to resolve any dispute arising out of or related to this Contract through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. Both Owner and Contractor agree that this step shall be a condition precedent to use of any other alternative dispute resolution process. If the parties' senior management representatives cannot resolve the dispute within 45 calendar days after a party delivers a written notice of such dispute to the other, then the parties shall proceed with mediation. 22.02 Mediation A. In the event that Owner and/or Contractor contend that the other has committed a material breach of the Contract or the parties cannot reach a resolution of a claim or dispute pursuant General Conditions 007200- 101 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 to Article 13, as a condition precedent to filing a lawsuit, either party shall request mediation of the dispute with the following requirements: 1. The request for mediation shall be in writing and shall request that the mediation commence not less than 30 calendar days or more than 90 calendar days following the date of the request, except upon agreement of the parties. 2. In the event Owner and Contractor are unable to agree to a date for the mediation or to the identity of the mediator within 30 calendar days following the date of the request for mediation, all conditions precedent shall be deemed to have occurred. 3. Owner and Contractor are to each pay one-half of the mediator's fees and costs. Venue for any mediation or lawsuit filed under this Contract shall be in Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement in any court having jurisdiction thereof. 4. Nothing in this Contract shall be construed as consent to a lawsuit. No provision of the Contract shall waive any immunity or defense. ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY 23.01 Policy A. It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women, low income persons and Minority/Disadvantaged Business Enterprises (M/DBE) to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives. In accordance with such policy,the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 23.02 Definitions A. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. B. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture herein identified as providing work, labor, services, supplies, equipment, materials, or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority/Disadvantaged Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) or socially and economically disadvantaged individual(s). Minority/Disadvantaged person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned: a. For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. b. For an enterprise doing business as a partnership, at least 51 percent of the assets or interest in the partnership property must be owned by one or more minority person(s). General Conditions 007200- 102 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 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 General Conditions 007200- 103 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 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. General Conditions 007200- 104 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. g. Use software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. h. Add footers to each document with the Project name. 24.05 Document Numbering A. Assign a number to the documents originated to allow tracking of the documents during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment Contractor CO Change Order OAR CP Change Proposal Contractor CTR Certified Test Report Contractor FO Field Order OAR NBC Notification by Contractor Contractor PD Photographic Documentation Contractor General Conditions 007200- 105 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Prefix Description Originator 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 to the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. 24.06 Document Requirements A. Furnish documents as indicated below or in individual Specification Sections. Submit documents per the procedures described in the Contract Documents. B. Submit documents per the Specification Section shown in the following table: Document Type Section Application for Payment Article 17 Change Proposal Article 12 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 General Conditions 007200- 106 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Document Type Section 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. 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 General Conditions 007200- 107 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Shop Drawings are complete for their intended purpose; and 5. Conflicts between the Shop Drawings related to the various Subcontractors and Suppliers have been resolved. F. Review Shop Drawings prior to submitting to the Designer. Certify that all Shop Drawings have been reviewed by the Contractor and are in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Shop Drawings except for deviations specifically brought to the Designer's attention on an attached Shop Drawing Deviation Request form in accordance with Paragraph 25.09. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor's risk. Defective products may be rejected at the Owner's option. H. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Designer. General Conditions 007200- 108 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 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 General Conditions 007200- 109 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the Shop Drawing. Submit Samples and color charts per Paragraph 25.08.A. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. h. Add footers to each document with the Project name. General Conditions 007200- 110 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 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 General Conditions 007200- 111 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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. 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. General Conditions 007200- 112 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 7. Dispose of mockups when related Work has been completed and disposal is approved by the Designer. 25.09 Equal Non Specified Products A. Contractor may submit other manufacturers' products that are in full compliance with the Specification where Specifications list one or more manufacturers followed by the phase "or equal" or"or approved equal." 1. Submit a Shop Drawing as required by this article to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the OPT's responsibility to prove the product is not equal. a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information. Provide this printed material with the Shop Drawing. c. The decision of the Designer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 25.10 Requests for Deviation A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the Contract Documents. B. Submit requests for deviation using the Shop Drawing Deviation Request form provided. Identify each deviation request as a separate item. Include all requested deviations that must be approved as a group together and identify them as a single item. C. Include a description of why the deviation is required and the impact on Contract Price or Contract Times. Include the amount of any cost savings to the Owner for deviations that result in a reduction in cost. D. Submit as a Change Proposal prior to submitting the Shop Drawing if the deviation will result in a change in Contract Price or Contract Times. General Conditions 007200- 113 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 E. A Modification must be issued by the Designer for approval of a deviation. Approval of a requested Shop Drawing deviation by the Designer on the Shop Drawings Deviation Request form indicates approval of the requested deviation only on its technical merits as generally conforming to the Contract Documents. Deviations from the Contract Documents can only be approved by a Modification. 25.11 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 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. General Conditions 007200- 114 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings 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. General Conditions 007200- 115 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.11 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. 25.12 Resubmission Requirements A. Make all corrections or changes in the documents required by the Designer and resubmit to the Designer until approved. 1. Revise initial drawings or data and resubmit as specified for the original document. 2. Highlight or cloud in green those revisions which have been made in response to the previous reviews by the Designer. This will include changes previously highlighted or clouded in yellow to direct attention to Designer to items requiring selections or decisions by the Designer or highlighted or clouded in orange for a requested deviation from the Contract Documents. 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 costs for the additional review to the Owner on a monthly basis. The Set-off will be based on invoices submitted to Owner for these services. General Conditions 007200- 116 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 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. General Conditions 007200- 117 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 D. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Record Data; 2. Location of existing structures, utilities, and equipment related to the Record Data have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Record Data are complete for their intended purpose; and 5. Conflicts between the Record Data related to the various Subcontractors and Suppliers have been resolved. E. Review Record Data prior to submitting to the Designer. Certify that all Record Data has been reviewed by the Contractor and is in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Record Data. 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. General Conditions 007200- 118 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 26.06 Warranties and Guarantees A. Provide all required warranties, guarantees, and related documents with the Record Data. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required. C. Provide a copy of all warranties in a separate document in accordance with Article 29. 26.07 Record Data Submittal Procedures A. Submit Record Data through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Record Data submittal form. Do not leave any blanks incomplete. If information is not applicable,enter NA in the space provided. The Record Data submittal form is to be the first document in the file. 2. Submit all documents in Portable Document Format (PDF). 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. General Conditions 007200- 119 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 a. Use terms and symbols in Record Data consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Record Data. C. Provide a legend for symbols used on Record Data. 6. Mark Record Data to reference: a. Related Specification Sections, b. Drawing number and detail designation, C. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Submit a Change Proposal per Article 12 to request modifications to the Contract Documents, including those for approval of"or equal"products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be approved by a Modification. C. Complete the certification required by Paragraph 26.03. 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. General Conditions 007200- 120 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required, and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required, and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE 27.01 Requirements A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor progress and to relate document processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Schedule Work based upon a six day work week. 27.02 Document Submittal A. Submit Progress Schedules in accordance with Article 24. B. Submit a preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre-construction conference. C. Submit a detailed schedule at least 10 days prior to the first payment request. D. Submit Progress Schedule updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 27.03 Schedule Requirements A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work; 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers; 3. Assist in monitoring the progress of the Work; and General Conditions 007200- 121 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 4. Assist in evaluating proposed changes to the Contract Times and Project schedule. B. Provide personnel with 5 years' minimum experience in scheduling construction work comparable to this Project. Prepare the schedule using acceptable scheduling software. C. Provide the schedule in the form of a computer generated critical path schedule which includes Work to be performed on the Project. It is intended that the schedule accomplish the following: 1. Give early warning of delays in time for correction. 2. Provide detailed plans for the execution of the Work in the form of future activities and events in sequential relationships. 3. Establish relationships of significant planned Work activities and provide a logical sequence for planned Work activities. 4. Provide continuous current status information. 5. Allow analysis of the Contractor's program for the completion of the Project. 6. Permit schedules to be revised when the existing schedule is not achievable. 7. Log the progress of the Work as it actually occurs. D. Prepare a time scaled CPM arrow or precedence diagram to indicate each activity and its start and stop dates. 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. General Conditions 007200- 122 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3. Allow a reasonable time to review documents, taking into consideration the size and complexity of the document, other documents being processed, and other factors that may affect review time. 4. Allow time for re-submission of each document. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous documents and for time lost when documents are submitted for products that do not meet Specification requirements. 27.04 Schedule Revisions A. Revise the schedule if it appears that the schedule no longer represents the actual progress of the Work. 1. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include: a. Number of days behind schedule; b. Narrative description of the steps to be taken to bring the Project back on schedule; and c. Anticipated time required to bring the Project back on schedule. 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. General Conditions 007200- 123 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 E. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time. ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION 28.01 Work Included A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way)including but not limited to streets,curb and gutter, utilities,driveways,fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 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. General Conditions 007200- 124 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 28.04 Photographs A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the OAR. C. Provide two color prints of each photograph and a digital copy on a DVD of each photograph taken. D. Identify each print on back with: 1. Project name. 2. Date,time, location, and orientation of the exposure. 3. Description of the subject of photograph. E. Submit photographs in clear plastic sheets designed for photographs. Place only one photograph in each sheet to allow the description on the back to be read without removing the photograph. F. Final photographs are to include two 8-by-10-inch glossy color prints for each of ten photographs selected by the OAR. These photographs are in addition to normal prints. 28.05 Video Recording A. Provide digital format on DVD that can be played with Windows Media Player in common format in full screen mode. B. Identify Project on video by audio or visual means. C. Video file size should not exceed 400 MB. D. Video resolution shall be 1080p. E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area. F. DVD shall be labeled with construction stationing and stationing should be called out, voice recorded, in the video. G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted. H. Pipeline projects should be recorded linearly from beginning to end. ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the OAR that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. General Conditions 007200- 125 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 B. OPT will visit the Site to observe the Work within 30 days after notification is received to determine the status of the Project. C. OAR will notify the Contractor, within 120 days after notification, that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. OAR will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the OAR when the items of Work in the OAR's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. OAR will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the OAR of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. 29.02 Final Inspections A. Notify the OAR when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 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 30 days after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has been corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. OAR will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.04 if notified that the Project is complete, and the Work is acceptable. 29.03 Reinspection Fees A. Owner may impose a Set-off against the Application for Payment in accordance with the General Conditions to compensate the OPT for additional visits to the Project if additional Work is required. General Conditions 007200- 126 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 29.04 Closeout Documents Submittal A. Record Documents per Article 20. B. Warranties and bonds. C. Equipment installation reports on equipment. D. Shop Drawings, Record Data, and other documents as required by the Contract Documents. E. Evidence of continuing insurance and bond coverage as required by the Contract Documents. F. Final Photographs per Article 28. 29.05 Transfer of Utilities A. If applicable to the Project,transfer utilities to the Owner when the Certificate of Substantial Completion has been issued and the Work has been occupied by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work. 29.06 Warranties, Bonds and Service Agreements A. Provide warranties, bonds, and service agreements required by the Contract Documents. B. The date for the start of warranties, bonds, and service agreements is established per the Contract Documents. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. 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; General Conditions 007200- 127 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 h. Procedures to be followed in the event of a failure; and i. Specific instances that might invalidate the warranty or bond. D. Submit digital copies of the documents to the Designer for review. E. Submit warranties, bonds, and service agreements within 10 days after equipment or components are placed in service. ARTICLE 30—MISCELLANEOUS 30.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Sunday or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 30.02 Owner's Right to Audit Contractor's Records A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four (4) years following the completion or termination of the Work, all of Contractor's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents. The audit, examination or 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 General Conditions 007200- 128 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 appropriate work space necessary for Owner or its designees to conduct such audits, inspections or examinations. C. Contractor must include this Paragraph 30.02 in any Subcontractor, supplier or vendor contract. 30.03 Independent Contractor A. Contractor is to perform its duties under this Contract as an independent contractor. The Contractor's Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting Contractor's Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership or formal business organization of any kind. 30.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or Contractor by these General Conditions are in addition to, and are not a limitation of,the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 30.04 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 30.05 Limitation of Damages A. Owner is not liable to Contractor for claims, costs, losses or damages sustained by Contractor's Team associated with other projects or anticipated projects. 30.06 No Waiver A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision or affect the enforceability of that provision or the remainder of this Contract. 30.07 Severability A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable, that part is to be severed and the remainder of this Contract continues in full force. 30.08 Survival of Obligations A. Representations, indemnifications, warranties, guarantees and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. General Conditions 007200- 129 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 30.09 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries by entering into this Contract. 30.10 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the prior written consent of the Owner. 30.11 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. B. This Contract is to perform a governmental function solely for the public benefit. 30.12 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County,Texas. 30.13 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary,Contractor will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. 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 General Conditions 007200- 130 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 discrimination under any program or activity which receives or benefits from federal financial assistance. C. Comply with all applicable federal, state and city laws, rules and regulations. D. Each applicable provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein,and the Contract shall be read and enforced as though each were physically included herein. 30.17 Enforcement A. The City Manager or designee and the City Attorney or designee are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 30.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason, funds are not appropriated in any given year, the Owner may direct immediate suspension or termination of the Contract with no additional liability to the Owner. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contractor may request payment for reasonable demo bilization/remobiIization 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 007200- 131 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 HDR Engineering, Inc. Naismith Marine Services, Inc. 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 007300-4 Packery Channel Restoration (Project No. H17019) Rev 2/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3. A total of 25 rain days have been set for this Project. An extension of time due to rain days will be considered only after 25 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. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Soil boring data obtained in 2001 by Geotest Engineering, Inc. for the U.S. Army Corps of Engineers are provided in Appendix 2 of the specifications. 2. Side scan sonar data obtained in September 2017 by Naismith Marine Services, Inc.for the City of Corpus Christi are provided in Appendix 3 of the specifications. 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 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non- $1,000,000 Combined Single Limit Owned, Rented and Leased Supplementary Conditions 007300-5 Packery Channel Restoration (Project No. H17019) Rev 2/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability / $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required ® Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required ® Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required ® Not Required U.S. Longshore and Harbor Workers' Statutory amount in compliance with the Insurance United States Longshore and Harbor Workers'Act. Maritime Employers Liability Insurance Any employees who may fall under the Death on High Seas Act, Jones Act, or any other federal or state acts relating to maritime employment shall be covered by Maritime Employers Liability Insurance of not less than $500,000.00. Such coverage shall include but not be limited to transportation, wages, maintenance and cure, as well as any other liabilities arising under such maritime employment. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.02 LABOR; WORKING HOURS A. Perform Work at the Site during daylight 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. SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: Supplementary Conditions 007300-6 Packery Channel Restoration (Project No. H17019) Rev 2/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 "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 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) TX51 Heavy Dredging Dredging projects along the Texas Gulf Coast area including all public channels, harbors, rivers, tributaries and the Gulf Intracoastal Waterways. General Decision Number: TX20210021 01/01/2021 Superseded General Decision Number: TX20200021 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 $10.60 for calendar year 2019 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 E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on Supplementary Conditions 007300-7 Packery Channel Restoration (Project No. H17019) Rev 2/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 * SUTX1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting) . . . . . . . . . . . . . . . . . . . . . . . . .$ 9.05 Concrete Finisher. . . . . . . . . . . . . . . .$ 7.56 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 13.37 2.58 Laborers: Common. . . . . . . . . . . . . . . . . . . . . . $ 7.25 Utility. . . . . . . . . . . . . . . . . . . . .$ 7.68 Power equipment operators: Backhoe. . . . . . . . . . . . . . . . . . . . .$ 9.21 Motor Grader. . . . . . . . . . . . . . . .$ 8.72 ---------------------------------------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- 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 E0, 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 Supplementary Conditions 007300-8 Packery Channel Restoration (Project No. H17019) Rev 2/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 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. Supplementary Conditions 007300-9 Packery Channel Restoration (Project No. H17019) Rev 2/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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, 1000 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 l. ) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator Supplementary Conditions 007300- 10 Packery Channel Restoration (Project No. H17019) Rev 2/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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: TX20210051 01/01/2021 Superseded General Decision Number: TX20200051 State: Texas Construction Type: Heavy Dredging Counties: Texas Statewide. DREDGING PROJECTS ALONG THE TEXAS GULF COAST AREA INCLUDING ALL PUBLIC CHANNELS, HARBORS, RIVERS, TRIBUTARIES AND THE GULF INTRACOASTAL WATERWAYS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 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 E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set Supplementary Conditions 007300- 11 Packery Channel Restoration (Project No. H17019) Rev 2/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 forth in 29 CFR 5.5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 * SUTX1994-001 01/18/1994 Rates Fringes Derrick Operator. . . . . . . . . . . . . . . . .$ 7.25 Dozer Operator. . . . . . . . . . . . . . . . . . .$ 7.25 Dredge 16" and Over DECKHAND. . . . . . . . . . . . . . . . . . . .$ 7.25 DREDGE TENDER OPERATOR. . . . . .$ 7.25 FIREMAN. . . . . . . . . . . . . . . . . . . . .$ 7.25 FIRST ASSISTANT ENGINEER. . . .$ 7.25 LEVER- AN. . . . . . . . . . . . . . . . . . . .$ 7.25 OILER. . . . . . . . . . . . . . . . . . . . . . .$ 7.25 SECOND ASSISTANT ENGINEER. . .$ 7.25 SHOREMAN. . . . . . . . . . . . . . . . . . . .$ 7.25 THIRD ASSISTANT ENGINEER. . . .$ 7.25 TRUCK DRIVER. . . . . . . . . . . . . . . .$ 7.25 WELDER. . . . . . . . . . . . . . . . . . . . . .$ 7.25 Dredge Under 16" DECKHAND. . . . . . . . . . . . . . . . . . . .$ 7.25 DREDGE TENDER OPERATOR. . . . . $ 7.25 LEVER- AN. . . . . . . . . . . . . . . . . . . .$ 7.25 OILER. . . . . . . . . . . . . . . . . . . . . . .$ 7.25 WELDER. . . . . . . . . . . . . . . . . . . . . .$ 7.25 Hydraulic Dredging FIRST COOK. . . . . . . . . . . . . . . . . .$ 7.25 HANDYMAN. . . . . . . . . . . . . . . . . . . .$ 7.25 JANITOR - CABIN PERSON. . . . . .$ 7.25 MESS PERSON. . . . . . . . . . . . . . . . .$ 7.25 SECOND COOK. . . . . . . . . . . . . . . . .$ 7.25 Marsh Buggy Dragline OILER. . . . . . . . . . . . . . . . . . . . . . .$ 7.25 OPERATOR. . . . . . . . . . . . . . . . . . . .$ 7.25 ---------------------------------------------------------------------------------------------- Supplementary Conditions 007300- 12 Packery Channel Restoration (Project No. H17019) Rev 2/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 E0, 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, 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. Supplementary Conditions 007300- 13 Packery Channel Restoration (Project No. H17019) Rev 2/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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, 1000 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. Supplementary Conditions 007300- 14 Packery Channel Restoration (Project No. H17019) Rev 2/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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, aninterested 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 -------------------------------------------------------------- ---------------------------------- 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 HDR Engineering, Inc. 361-696-3300 Supplementary Conditions 007300-15 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Public Agencies/Contacts Phone Number Daniel J. Heilman, P.E. 361-696-3344 Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 (361-826-1818 after Water/Wastewater/Stormwater hours) Gas Department 361-885-6900 (361-885-6942 after hours) Parks & Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div. for Traffic Signals 361-826-1610 Solid Waste& Brush 361-826-1973 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 1-888-632-0931 (Network Operations Center) Centuryl-ink 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 ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY SC-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 for this Project has been established to be 45%. 2. Minority Business Enterprise participation goal for this Project has been established to be 15%. 3. Disadvantaged Business Enterprise participation goal for this Project has been established to be 6%. Supplementary Conditions 007300-16 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 ARTICLE 25—SHOP DRAWINGS SC-25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description NONE NONE NONE NONE NONE NONE ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 35 00 11 Construction Surveying Drawings and Data 35 00 11 Aerial Photography END OF SECTION Supplementary Conditions 007300-17 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 00 74 00 SPECIAL CONDITIONS FOR FUNDING AGENCY ARTICLE 1—GENERAL 1.01 FUNDING AGENCY REQUIREMENTS A. This Project is funded in whole or in part by the Federal Emergency Management Agency (Funding Agency). The Funding Agency requires specific conditions and reporting as a condition for providing this funding. The conditions and reporting forms of the Funding Agency are included in the Contract Documents. The Funding Agency requirements govern in the event of any conflict between the Funding Agency requirements and any other provision of the Contract Documents. B. The applicable Funding Agency conditions and reporting forms are as follows: Specification Title Funding Agency Section Document No. 00 74 01 Special Conditions for FEMA Projects See Table of Contents END OF SECTION Special Conditions for Federal Emergency Management Agency 007400- 1 Packery Channel Restoration (Project No. H17019) Rev 10/2018 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 00 74 01 SPECIAL CONDITIONS FOR FEMA PROJECTS TABLE OF CONTENTS Section No. Title FR-F01 Access to Records FR-F02 Breach of Contract FR-F03 Byrd Anti-Lobbying Amendment FR-F04 Clean Air Act and the Federal Water Pollution Control Act FR-F05 Compliance with Federal Law, Regulations, and Executive Orders FR-F06 Contract Work hours and Safety Standards Act FR-F07 Copeland "Anti-Kickback" Act (Construction Only) FR-F08 Davis-Bacon Act (Construction Only) FR-F09 Debarment and Suspension FR-F10 DHS Seal, Logo and Flags FR-F11 Equal Employment Opportunity (Construction Only) FR-F12 No Obligation by Federal Government FR-F13 Procurement of Recovered Materials FR-F14 Program Fraud and False or Fraudulent Statements or Related Acts FR-F15 Right to Inventions Made Under Contract or Agreement (Not for Public Assistance Contracts) END OF TABLE OF CONTENTS Special Conditions for FEMA Participation Packery 00 74 01 - 1 Channel Restoration (Project No. H17019) Rev 7/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F01 ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Reference. DHS Standard Terms and Conditions, v 7.1, p. 1 (2017) Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 00 74 -2 Rev 7//22 019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F02 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City's notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Reference. 2 CFR § 200 Appendix II(A) Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 007401/2 -01 Rev 7/2 9 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F03 BYRD ANTI-LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Reference. 31 U.S.C. § 1352 (as amended) Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 00 74 -4 Rev 7//22 019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F04 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT A. Clean Air Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. B. Federal Water Pollution Control Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Reference. 2 CFR § 200, Appendix II¶ (G) Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 00 74 - 5 Rev 7//22 019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F05 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Reference. FEMA requirement Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 007401/2 -01 Rev 7/2 9 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F06 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Reference. 29 CFR § 5.5(b) Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 00 74 - 7 Rev 7//22 019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F07 COPELAND "ANTI-KICKBACK" ACT Compliance with the Copeland "Anti-Kickback" Act. (1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 00 74 - 8 Rev 7//22 019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F08 DAVIS - BACON REQUIREMENTS The Contractor must comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. The Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. See attached Prevailing Wage Determination sheet for this contract. Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 00 74 - 9 Rev 7//22 019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 EDERAL REQUIREMENTS: FR-F09 DEBARMENT AND SUSPENSION (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Reference. 2 CFR part 180, 2 CFR part 3000 Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 007401 Rev 7/7/ - 10 2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F10 DHS SEAL, LOGO AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Reference. DHS Standard Terms and Conditions, v.7.1, p. 5 (2017) Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 007401 Rev 7/7/ - 11 2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F11 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 007401 Rev 7/7/ - 12 2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 007401 7/201- 1 Rev 7/ 9 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F12 NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. Reference. FEMA requirement Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 007401 Rev 7/7/ - 14 2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F13 PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Reference. 2 CFR § 200.322 and 40 CFR part 247 Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 007401 Rev 7/7/ - 15 2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F14 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Reference. 31 U.S.C. Chap. 38 Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 007401 7/201- 1 Rev 7/ 9 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 FEDERAL REQUIREMENTS: FR-F15 RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT NOT APPLICABLE TO THIS CONTRACT Special Conditions for FEMA Participation Packery Channel Restoration (Project No. H17019) 007401 Rev 7/7/ - 17 2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DIVISION 01 GENERAL REQUIREMENTS DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 011100 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct Work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the Project completely and fully useable. 2. Provide the labor, equipment,tools, and consumable supplies required for a complete Project. 3. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OAR. 1.02 DESCRIPTION OF WORK A. Work is described in general, non-inclusive terms as: 1. The project consists of repairs to shoreline protection and related appurtenances at Packery Channel, a tidal channel connecting Corpus Christi Bay to the Gulf of Mexico that supports recreational boat traffic. Work includes demolition and removal of damaged articulating block mat revetment, concrete walkway, and bollard/cable barriers; construction of riprap revetment; placement of riprap as toe protection along the landside section of two jetties; re-setting displaced riprap and armorstone blocks along two jetties; construction of new concrete walkway; construction of a drainage swale lined with concrete block mats; improvements to five existing storms drains; construction of five new storm drains; and replacement of a section of aluminum handrail along one jetty.This project will be partially funded by the Federal Emergency Management Agency. 1.03 WORK UNDER OTHER CONTRACTS A. The following items of work are not included in this Contract, but may impact construction scheduling and completion: 1. None. B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents,the Contractor is to base his Proposal on the most expensive listing. C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. Summary of Work 011100- 1 Packery Channel Restoration (Project No. H17019) Rev 10/2018 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 1.04 WORK BY OWNER A. The Owner plans to perform the following items of work which are not included in this Contract, but may impact the construction scheduling and completion: 1. None. B. Completion of the Work described in this Contract may impact the construction of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. C. Owner will provide normal operation and maintenance of the existing facilities during construction, unless otherwise stated. 1.05 CONSTRUCTION OF UTILITIES A. Pay for temporary power, including but not limited to construction cost, meter connection fees, and permits. 1.06 USE PRIOR TO FINAL COMPLETION A. Owner has the right to use or operate any portion of the Project that is ready for use after notifying the Contractor of its intent to do so. B. The execution of Bonds is understood to indicate the consent of the surety to these provisions for use of the Project. C. Provide an endorsement from the insurance carrier permitting use of Project during the remaining period of construction. D. Conduct operations to insure the least inconvenience to the Owner and general public. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Summary of Work 011100-2 Packery Channel Restoration (Project No. H17019) Rev 10/2018 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate,and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. The Lump Sum Bid Items described as "Allowances" have been set as noted in Section 00 30 01 Bid Form and shall be included in the Total Base Bid of the Bid Form for each Bidder. These Allowances may be used at the Owner's discretion in the event that unforeseen conditions or conflicts are encountered during construction that warrants the use of the Allowance funds. If the use of Allowance funds becomes necessary, the OAR will provide written authorization at a cost negotiated between Owner and Contractor, using unit prices in the Bid Form when applicable. No work is to be performed under the Allowance items without written authorization from the OAR. There is no guarantee that any of these funds will need to be used during the course of the Work. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with Article 24 of SECTION 00 72 00 GENERAL CONDITIONS. 1.03 DESCRIPTION OF ALTERNATES A. None. 1.04 DESCRIPTION OF ALLOWANCES A. Allowance A—Mobilization (Bid Item Al): 1. A maximum of 5%of the bid price to be used for mobilization to, and demobilization from, the project site. Alternates and Allowances 012310-1 Packery Channel Restoration (Project No. H17019) Rev 5/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 B. Allowance B— Bonds and Insurance (Bid Item A2): 1. A maximum of 2%of the bid price to be used for the purchase of bonds and insurance required for the Project. C. Allowance C—Allowance for Unanticipated Repairs (Bid Item A31): 1. The sum of$100,000 to be used for the purchase of unanticipated repairs. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 012310-2 Packery Channel Restoration (Project No. H17019) Rev 5/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1—Mobilization (Maximum 5%): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; C. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. Measurement and Basis for Payment 012901-1 Packery Channel Restoration (Project No. H17019) Rev 5/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 2. Measurement for payment will be made per lump sum on the following basis: When at least 5% of the adjusted contract amount for construction is earned, 75% of the mobilization lump sum bid amount will be eligible for payment, minus retainage. Upon substantial completion of all work under this Contract and removal of all equipment and materials from the Project site, the remaining 25% of the mobilization lump sum bid amount will be eligible for payment, minus retainage. B. Bid Item A-2—Bonds and Insurance (Maximum Allowance of 2%) 1. Payment shall include all bonds and insurance required under the Contract Documents. 2. Payment for bonds and insurance will be based on the receipt of documentation of actual costs. Contractor shall furnish satisfactory evidence of the rate or rates paid for all bonds and insurance. Contractor will be reimbursed for the actual cost of unique insurance as required and obtained specifically for this Project, not including the routine and general company insurance policies that are maintained for the course of conducting normal business operations. Contractor will be reimbursed for the actual cost of project specific bonds and insurance, not to exceed the bid amount or the verifiable costs of Project specific bonds and insurance incurred by the Contractor. C. Bid Item A-3—Construction Surveys: 1. Topographic, bathymetric, and side-scan sonar surveying shall be performed as described in Specification 35 00 01. 2. Measuring for payment is on a lump sum basis. Payment will be based on the earned value of Work completed. D. Bid Item A-4—Pre-Construction Hazard Survey: 1. Pre-construction hazard survey shall be performed as described in Specification 35 00 01. 2. Measuring for payment is on a lump sum basis. Payment will be based on the earned value of Work completed. E. Bid Item A-5—Storm Water Pollution Prevention 1. Payment shall include but not be limited to furnishing and submitting the SWPPP to TCEQ and Owner and updating the Plan during the Project as needed. All permits and required fees related to the SWPPP will be included in this item. 2. Measurement for payment will be made per lump sum on the following basis:The initial pay application will include 50%of the lump sum bid amount minus retainage. The balance will be paid according to the percent of construction completion after 50%completion has occurred, minus retainage. F. A-6—Demolition/Removal of Concrete Walkway(Sta 24+405 to 42+735): 1. Contractor shall demolish and remove existing concrete walkway along the south bank of Packery Channel from Station 24+405 to 42+735 as shown on the Drawings. Work includes demolition and removal of grout infill and bollard/cable barriers along the walkway. Adjacent sections of walkway shall not be damaged. 2. Measuring for payment is on a lump sum basis. Payment will be made based on the earned value of Work completed. Measurement and Basis for Payment 012901-2 Packery Channel Restoration (Project No. H17019) Rev 5/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 G. Bid Items A-7—Demolition/Removal of ABM Revetment (Sta 28+OON to 34+72N): 1. Contractor shall demolish and remove existing ABM revetment along the north bank of Packery Channel from Station 28+OON to 34+72N as shown on the Drawings.Work includes demolition and removal of geotextile fabric, cables, and existing riprap placed over ABM as part of previous repairs by others. Adjacent sections of existing ABM, bollards, and walkway shall not be damaged. 2. Measuring for payment is on a lump sum basis. Payment will be made based on the earned value of Work completed. H. Bid Item A-8—Demolition/Removal of ABM Revetment (Sta 20+OOS to 42+73S): 1. Contractor shall demolish and remove existing ABM revetment along the south bank of Packery Channel from Station 20+OOS to 42+73S as shown on the Drawings. Work includes demolition and removal of geotextile fabric,cables, and existing riprap placed over ABM as part of previous repairs by others. In areas where ABM revetment is adjacent to existing concrete walkway specified for demolition and removal, ABM revetment soil anchors shall be removed. 2. Measuring for payment is on a lump sum basis. Payment will be made based on the earned value of Work completed. I. Bid Item A-9—Reach 1—Re-Set Jetty Armor Stone: 1. Contractor shall re-set 84 armorstone blocks along the north and south jetties as shown on the Drawings. Work includes relocating stone to be re-keyed to its approximate original location and configuration along the jetty. Adjusting adjacent stones as needed to provide space for relocated stone shall be considered subsidiary work. 2. Measuring for payment is on a unit price basis,with the number of pay units equaling the actual number of stones re-set. Payment will be made based on the earned value of Work completed. 3. Payment re-setting jetty armor stone will only be made for the stones specified on the Drawings. J. Bid Item A-10—Reach 1—Aluminum Handrail (Sta 44+09N to 44+39N): 1. Contractor shall install three contiguous sections of 10 ft handrail,for a total of 30 LFof handrail, along the north jetty from Sta 44+09N to 44+39N as shown on the Drawings. Price on Bid Form is for installed item and indicates all costs of material, labor, profit, overhead, and subsidiary costs. 2. Measuring for payment is on a lump sum basis. Payment will be made based on the earned value of Work completed. K. Bid Items A-11 and A-12—Reach 2 Landside Jetty Improvements: 1. Contractor shall construct improvements to quarrystone jetty along the bank of Packery Channel to the limits, lines and grades shown on the Drawings. Price on Bid Form is for installed item and indicates all costs of material, labor, profit, overhead, and subsidiary costs including re-setting 1 to 3 ton stone; procurement and placement of geotextile fabric (including additional length required for overlaps); and procurement and placement of graded riprap. Measurement and Basis for Payment 012901-3 Packery Channel Restoration (Project No. H17019) Rev 5/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 2. Measurement for progress payments will be made through surveys and will be based on the earned value (in linear feet measured along North or South Baseline, as applicable) of Work completed. L. Bid Items A-13 through A-20—Reach 3 Revetment: 1. Contractor shall construct graded riprap revetment along the north bank of Packery Channel to the limits, lines and grades shown on the Drawings. Price on Bid Form is for installed item and indicates all costs of material, labor, profit, overhead, and subsidiary costs including subgrade preparation (excavation, filling, and grading); procurement and placement of bedding stone; procurement and placement of geotextile fabric (including additional length required for overlaps); procurement and placement of graded riprap; and backfilling. 2. Measurement for progress payments will be made through surveys and will be based on the earned value (in linear feet measured along North or South Baseline, as applicable) of Work completed. M. Bid Item A-21—Reach 3 Drainage Swale(Sta 16+905 to 42+735): 1. Contractor shall construct 2,583 LF of drainage swale along the south bank of Packery Channel from Station 16+905 to 42+735 to the lines and grades shown on the Drawings. Price on Bid Form is for installed item and indicates all costs of material, labor, profit, overhead, and subsidiary costs including site clearing and stripping; subgrade preparation (excavation, filling, and grading); procurement and placement of bedding stone; procurement and placement of geotextile fabric(including additional length required for overlaps); cast-in-place concrete/grout infill at joints; procurement (or salvage) and placement of articulating block mat(ABM) including cables and connection hardware; and final grading and seeding. 2. Measurement for progress payments will be made through surveys and will be based on the earned value (in linear feet measured along South Baseline) of Work completed. N. Bid Item A-22—Reach 3 Discharge Pipe Improvements (North Bank): 1. Contractor shall extend the discharge pipe at five (5) locations along the North Bank of Packery Channel to the lines and grades shown on the Drawings. Price is for installed item and indicates all costs of material, labor, profit, overhead, and subsidiary costs including procurement and placement of bedding stone and trench safety. Flowable fill is covered in Bid Item A-29. 2. Measuring for payment is on a lump sum basis. Payment will be made based on the earned value of Work completed. O. Bid Item A-23—Reach 3 Inlet Structures and Discharge Pipe (South Bank): 1. Contractor shall construct backslope interceptor structure and discharge pipe at five (5) locations along the drainage swale along the south bank of Packery Channel to thelines and grades shown on the Drawings. Price on Bid Form is for installed item and indicates all costs of material, labor, profit, overhead, and subsidiary costs including site clearing and stripping, grading, and procurement and placement of geotextile fabric; bedding stone and R-20 riprap; backslope interceptor structure; Measurement and Basis for Payment 012901-4 Packery Channel Restoration (Project No. H17019) Rev 5/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 24" PCV pipe; and trench safety. 2. Measuring for payment is on a lump sum basis. Payment will be made based on the earned value of Work completed. P. Bid Item A-24—Concrete Walkway(Sta 24+40S to 42+73S): 1. Contractor shall construct 18,830 SF of cast-in-place reinforced concrete walkway along the south bank of Packery Channel from Station 24+40S to 42+73S to the lines and grades shown on the Drawings. Price on Bid Form is for installed item and indicates all costs of material, labor, profit, overhead, and subsidiary costs including site clearing and stripping, subgrade preparation (excavation, filling, and grading); procurement and placement of bedding stone; procurement and placement of geotextile fabric (including additional length required for overlaps); and procurement and placement of cast-in-place reinforced concrete walkway and associated formwork. 2. Measurement for progress payments will be made through surveys and will be based on the earned value (in square feet) of Work completed. Q. Bid Item A-25—Bollard/Cable Barriers (Sta 24+40S to 42+73S): 1. Contractor shall construct bollard/cable barriers along the south bank of Packery Channel from Station 24+40S to 42+73S as shown on the Drawings. Price on Bid Formis for installed item and indicates all costs of material, labor, profit, overhead, and subsidiary costs including procurement and placement of bollards; procurement and placement of wire rope (including enough length for two rows of wire rope); and procurement and placement of connection hardware. 2. Measuring for payment is on a lump sum basis. Measurement for progress payments will be made based on the earned value (in linear feet) of Work completed. R. Bid Item A-26—Replace Wire Rope and Bollard Covers in Bollard/Cable Barriers (8+40N to 34+72N): 1. Contractor shall install cable barrier and bollard covers along the north bank of Packery Channel from Station 8+40N to 34+72N, including cable and bollards extending perpendicular to baseline at Station 34+72N, as shown on the Drawings. Price on Bid Form is for installed item and indicates all costs of material, labor, profit, overhead, and subsidiary costs including procurement and placement of wire rope (including enough length for two rows of wire rope); procurement and placement of connection hardware; complete replacement of one bollard at Sta 34+72N; and placement of bollard covers on existing bollards. 2. Measuring for payment is on a lump sum basis. Measurement for progress payments will be made based on the earned value (in linear feet) of Work completed. S. Bid Items A-27 and A-28—Replace Wire Rope and Bollard Covers in Bollard/Cable Barriers: 1. Contractor shall install cable barrier and bollard covers along the south bank of Packery Channel as shown on the Drawings. Price on Bid Form is for installed item and indicates all costs of material, labor, profit, overhead, and subsidiary costs including procurement and placement of wire rope (including enough length for two rows of wire rope); procurement and placement of connection hardware; and placement of bollard covers on existing bollards. Measurement and Basis for Payment 012901-5 Packery Channel Restoration (Project No. H17019) Rev 5/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 2. Measuring for payment is on a lump sum basis. Measurement for progress payments will be made based on the earned value (in linear feet) of Work completed. T. Bid Item A-29—Fill Voids with Cementitious Fill 1. Contractor shall place approximately 5 CY of cementitious fill to completely fill void at base of light pole at northwest corner of Packery Channel parking lot as shown on the Drawings. Contractor shall also place approximately 110 CY of cementitious fill to completely fill voids at each Discharge Pipe Improvement along the North Bank of Packery Channel. 2. Unit price is for installed item and indicates all costs of material; labor; profit; overhead;field quality-control testing; and subsidiary costs including procurement and placement of flowable fill; installation of formwork and/or seals for confinement; and trench safety. 3. Measuring for payment is on a unit price basis,with the number of pay units equaling the cubic yards of flowable fill actually placed. Payment will be made based on the earned value of Work completed. 4. Work will be paid by the cubic yard computed on the basis of load tickets provided by the ready mix supplier. All material delivered to the site shall be accounted for. If excess material is left in the ready-mix truck, Contractor shall have available areas to dump excess material. Calculations will be performed at the end of the project to compare theoretical to actual void quantities. U. Bid Item A-30—Removal and Disposal of Submerged Items from Channel 1. Contractor shall remove and dispose 16 submerged items from channel as shown on drawings. Contractor shall verify the location of identified submerged items through a side scan sonar survey and surface probing along the channel bottom prior to removal. Cost for side scan survey and probing are covered under Bid Item A-2, "Construction Surveys." Unit price is for removed and disposed items and indicates all costs of labor, profit, overhead, and subsidiary costs. 2. Measuring for payment is on a unit price basis, with the number of pay units equaling the actual number of submerged items removed and disposed. Payment will be made based on the earned value of Work completed. 3. If submerged item is not discovered at location indicated on drawings, no additional work is required and the associated cost for that item shall be deducted from Contract Price for Removal and Disposal of Submerged Items from Channel. Cost deduction to Owner shall be based on the unit price stated on Contractor's Bid Form. V. Bid Item A-31—Allowance for Unanticipated Repairs 1. Contractor shall perform unanticipated repairs as authorized by OAR in writing. 2. Measuring for payment is on a lump sum basis. Measurement for progress payments will be made based on the earned value of Work completed. W. Other Bid Items 1. The basis of measurement and payment for other Bid Items shall be as described in the applicable Specification Sections, Construction Drawings and/or SECTION 00 30 01 BID FORM. Measurement and Basis for Payment 012901-6 Packery Channel Restoration (Project No. H17019) Rev 5/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment 012901-7 Packery Channel Restoration (Project No. H17019) Rev 5/2020 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 0133 01 Submittal Register Specification Paragraph Types of Submittals Required Section Specification Description No. Product Sample or Operations Information Mocku Data 030020 Concrete Design Data 6 Record Data None None 038000 Filler Test Results 2 Record Data Sam le None 038000 FormingPlans 5 Record Data None None 038000 Concrete Construction Methods 7 Record Data None None 038000 Curing Concrete Methods and Procedures 14 Record Data None None 051400 Shop Drawings 1.02 Shop Drawing None None 310519 Manufacturer's Product Data 2.01,B Record Data None None 310519 Certfied Test Reports 2.01,C Record Data None None 310519 Sewn Seam Details and Lab Test Reports 2.01 D Record Data None None 310519 Initial Survey 3.02 Record Data None None 310519 Manufacturer's Installation Instructions 3.03,C Record Data None None 312323 Product Data 1.03 Record Data None None 312323 Qualification Data 1.03 Record Data None None 312323 Material Test Reports 2.01 Record Data None None 312323 Work Plans 1.03 Record Data None None 350001 Name of Registered Professional Land Surveyor 1.05,A Record Data None None 350001 Surveying Plan 1.05,13 Record Data None None 350001 Survey Notification 1.06 Record Data None None 350001 Survey Submittal Log 3.03,C Record Data None None 350001 Pre-Excavation Hazard Survey 3.05 Record Data None None 350001 Initial Survey Drawings 3.06 Record Data None None 350001 Final Survey Drawings 3.08 Record Data None None 350001 Acceptance Aerial Photo 3.10 Record Data None None 353119.20 Shop Drawings 1.08,A Shop Drawing None None 353119.20 Manufacturer's Product Data 1.08 B Record Data None None 353119.20 Block Samples 1.08 C Record Data Sample None 353119.20 Block Tests for Compressive Strength,Water Absorption, 1.08,D Record Data None None and Unit Wei ht 353123 Name,Location,and Historical Quality Reports from 1.06,C Record Data None None Quarry 353123 Qualifications/Certifications for Sampling/Testing 1.06,C Record Data None None Aizency 353123 Stone Quality and Test Report Schedule and Stone 1.06,C Record Data None None Delivery Schedule 353123 Stone Quality Test Reports 1.06 C Record Data None None 353123 Stone Gradation Test Reports 1.06 C Record Data None None 353123 Stone Gradation Test Methodology Description 1.06,C Record Data None None 353123 Daily Activities Report 1.06,D Record Data None None 353123 Bare Control Plan 1.07 Record Data None None 353123 Initial Surveys Section Record Data None None 350001 353123 Final Surveys 3.04 Record Data None None Submittal Register 01 33 01-1 Packery Channel Restoration(Project No.H17019) 10/2018 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 01 35 00 SPECIAL PROCEDURES 1.00 GENERAL 1.01 CONSTRUCTION SEQUENCE A. Perform the Work as required to complete the entire Project within the Contract Times and in the sequence stipulated below: 1. Pre-Excavation Hazard Survey shall be performed prior to any excavation as specified in Section 35 00 01, "Construction Surveying." 2. Construction surveys shall be completed in the sequence specified in Section 35 00 01, "Construction Surveying." 3. Construction along the south bank of Packery Channel from Station 16+70S to 42+73S shall progress in the following sequence: a. Demolition/removal of existing ABM revetment and concrete walkway. b. Construction of new riprap revetment and discharge pipe. C. Construction of concrete walkway and drainage swale. 4. As demolition of existing ABM revetment proceeds, bank shall not be left unprotected (exposed to waves and currents)for extended periods such that the bank is allowed to erode. No longer than 48 hours shall pass from the time the existing ABM revetment is removed and bank is protected with new riprap. Excavation and backfill along toe of riprap shall also be completed within this 48 hour period. B. Consider the sequences, duration limitations, and governing factors outlined in this Section to prepare the schedule for the Work. C. Perform the Work not specifically described in this Section as required to complete the entire Project within the Contract Times. 1.02 PLAN OF ACTION A. Submit a written plan of action for approval for shutting down essential services. These include: 1. Electrical power, 2. Control power, 3. Pipelines or wastewater systems, 4. Communications equipment, and 5. Other designated functions. B. Describe the following in the plan of action: 1. Scheduled dates and sequence for construction; 2. Work to be performed; 3. Utilities, piping, or services affected; Special Procedures 013500-1 Packery Channel Restoration (Project No. H17019) Rev 10/2018 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 4. Length of time the service or utility will be disturbed; 5. Procedures to be used to carry out the Work; 6. Planned locations for temporary stockpiles of excavated soil and materials specified for demolition/removal; 7. Plan of Action to handle emergencies; 8. List of manpower, equipment, and ancillary supplies; 9. Backups for key pieces of equipment and key personnel; 10. Contingency plan that will be used if the original schedule cannot be met; and C. Submit plan 2 weeks prior to beginning the Work. 1.03 CRITICAL OPERATIONS A. Not Applicable. 1.04 OWNER ASSISTANCE A. Not Applicable. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures 013500-2 Packery Channel Restoration (Project No. H17019) Rev 10/2018 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide temporary facilities, including OPT's field office and the Contractor's field offices, storage sheds, and temporary utilities needed to complete the Work. B. Install and maintain temporary Project identification signs. Provide temporary on-site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed. 1.02 QUALITY ASSURANCE A. Provide a total electrical heating and cooling system for the OPT's field office capable of maintaining the following conditions: 1. Heating: Minimum 75 degrees ID temp at 10 degrees ambient. 2. Cooling: Minimum 75 degrees ID temp at 105 degrees ambient. 3. Relative humidity: 48 to 54 percent. B. Inspect and test each service before placing temporary utilities in use. Arrange for all required inspections and tests by regulatory agencies, and obtain required certifications and permits for use. 1.03 DELIVERY AND STORAGE A. Arrange transportation, loading, and handling of temporary buildings and sheds. 1.04 JOB CONDITIONS A. Locate buildings and sheds at the Site as indicated or as approved by the OPT. B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures. C. Pay for the utilities used by temporary facilities during construction. D. Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the Work. Provide OPT's field office complete and ready for occupancy and use within 7 days of the Notice to Proceed. E. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work. F. Remove services and facilities when approved by the OAR. G. Operate temporary facilities in a safe and efficient manner. 1. Restrict loads on temporary services or facilities to within their designed or designated capacities. 2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site. Temporary Facilities and Controls 015000- 1 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3. Prevent freezing of pipes,flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. 1.05 OPTIONS A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.01 TEMPORARY FIELD OFFICES A. The Contractor must furnish the OPT with a field office at the Site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30 inches by 60 inches and two chairs. The Contractor shall move the field office on the Site as required by the OAR. There is no separate pay item for the field office. B. Furnish a field office of adequate size for Contractor's use. Provide conference room space for a minimum of 8 people. C. Other trades may provide their own offices only when space is available at the Site, and the OPT agrees to its size, condition, and location. D. No monthly partial payments will be processed until OPT's field office facilities are completed and approved. 2.02 TEMPORARY STORAGE BUILDINGS A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 2.03 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times,and comply with the requirements of the local health authority. B. Use these sanitary facilities. Do not use restrooms within existing or Owner-occupied buildings. 2.04 TEMPORARY HEAT A. Provide heating devices needed to protect buildings during construction. Provide fuel needed to operate the heating devices and attend the heating devices at all times they are in operation, including overnight operations. 2.05 TEMPORARY UTILITIES A. Provide the temporary utilities for administration, construction, testing, disinfection, and start-up of the Work, including electrical power, water, and telephone. Pay all costs associated with furnishing temporary utilities. Temporary Facilities and Controls 015000-2 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 1. Provide a source of temporary electrical power of adequate size for construction procedures. a. Use existing power systems where spare capacity is available. Provide temporary power connections that do not adversely affect the existing power supply. Submit connections to the OAR for approval prior to installation. b. Provide electrical pole and service connections that comply with Laws and Regulations and the requirements of the power company. 2. Provide telephone service to the Site and install telephones inside the Contractor's and the OPT's field office. 2.06 WATER FOR CONSTRUCTION A. Not Applicable. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS A. The Owner will furnish two Project signs to be installed by the Contractor.The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the OAR. 3.03 TEMPORARY LIGHTING A. Provide temporary lighting inside buildings once buildings are weatherproof. B. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. C. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting at any location Work is being performed. 3.04 DRINKING WATER A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. 3.05 CONSTRUCTION FENCE A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. Temporary Facilities and Controls 015000-3 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3.06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds,and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs,framing, supports, and foundations upon completion of the Project. 3.07 MAINTENANCE AND JANITORIAL SERVICE A. Provide janitorial service (sweeping/mopping)for the OPT's field office on a weekly basis or as requested. Empty trash receptacles daily or as needed. B. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. C. Repair any damage to Work caused by placement or removal of temporary signage. D. Service, maintain, and replace, if necessary, the OPT's field office computer equipment throughout the Project as required by the OPT including replacement cartridges for all office equipment. END OF SECTION Temporary Facilities and Controls 015000-4 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 01 57 00 TEMPORARY CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment, and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. B. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project. C. Provide a Storm Water Pollution Prevention Plan (SWPPP) as required by Texas Pollutant Discharge Elimination System (TPDES) General Permit No. TXR150000 for stormwater discharges from construction activities as applicable to the nature and size of the Project. Comply with all requirements of the Texas Commission on Environmental Quality(TCEQ)and Laws and Regulations. File required legal notices and obtain required permits prior to beginning any construction activity. D. Provide labor, materials, equipment, and incidentals necessary to prevent stormwater pollution for the duration of the Project. Provide and maintain erosion and sediment control structures as required to preventive sediment and other pollutants from the Site from entering any stormwater system including open channels. Remove pollution control structures when no longer required to prevent stormwater pollution. 1.02 QUALITY ASSURANCE A. Construct and maintain temporary controls with adequate workmanship using durable materials to provide effective environmental management systems meeting the requirements of the Contract Documents and Laws and Regulations. Use materials that require minimal maintenance to prevent disruption of construction activities while providing adequate protection of the environment. B. Periodically inspect systems to determine that they are meeting the requirements of the Contract Documents. 1.03 DOCUMENT SUBMITTAL A. Provide documents requiring approval by the OPT as Shop Drawings in accordance with Article 25 of SECTION 00 72 00 GENERAL CONDITIONS. B. Provide copies of notices, records, and reports required by the Contract Documents or Laws and Regulations as Record Data in accordance with Article 26 of SECTION 00 72 00 GENERAL CONDITIONS. 1.04 STANDARDS A. Provide a SWPPP that complies with all requirements of TPDES General Permit No. TXR150000 and any other applicable Laws and Regulations. Temporary Controls 015700- 1 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 B. Perform Work to comply with the City of Corpus Christi Code of Ordinances, Part III, Chapter 14, Article X - titled "STORM WATER QUALITY MANAGEMENT PLANS" and any other applicable Laws and Regulations. 1.05 PERMITS A. As applicable, submit the following to the TCEQ and the Operator of any Municipal Separate Storm Sewer System (MS4) receiving stormwater discharges from the Site: 1. Notice of Intent (NOI) at least 48 hours prior to beginning construction activity. Construction activity may commence 24 hours after the submittal of an electronic NOI. 2. Notice of Change (NOC) letter when relevant facts or incorrect information was submitted in the NOI, or if relevant information in the NOI changes during the course of construction activity. 3. Notice of Termination (NOT) when the construction Project has been completed and stabilized. B. Post a copy of the NOI at the Site in a location where it is readily available for viewing by the general public and as required by Laws and Regulations prior to starting construction activities and maintain the posting until completion of the construction activities. C. Maintain copies of a schedule of major construction activities, inspection reports, and revision documentation with the SWPPP. 1.06 STORMWATER POLLUTION CONTROL A. Comply with the current requirements of TPDES General Permit No. TXR150000 as set forth by the TCEQ for the duration of the Project as applicable to the nature of the work and the total disturbed area: 1. Develop a SWPPP meeting all requirements of the TPDES General Permit. 2. Submit of a Notice of Intent to the TCEQ. 3. Develop and implement appropriate Best Management Practices as established by local agencies of jurisdiction. 4. Provide all monitoring and/or sampling required for reporting to the TCEQ. 5. Submit reports to the TCEQ as required as a condition of the TPDES General Permit. 6. Submit copies of the reports to the Designer as Record Data in accordance with Article 26 of SECTION 00 72 00 GENERAL CONDITIONS. 7. Retain copies of these documents at the Site at all times for review and inspection by the OPT or regulatory agencies. Post a copy of the permit as required by Laws and Regulations. 8. Assume sole responsibility for implementing, updating, and modifying the TPDES General Permit per Laws and Regulations for the SWPPP and Best Management Practices. B. Use forms required by the TCEQ to file the Notice of Intent. Submit the Notice of Intent at least 2 days prior to the start of construction. Develop the SWPPP prior to submitting the Temporary Controls 015700-2 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Notice of Intent. Provide draft copies of the Notice of Intent,SWPPP,and any other pertinent TCEQ submittal documents to Owner for review prior to submittal to the TCEQ. C. Return any property disturbed by construction activities to either specified conditions or pre- construction conditions as set forth in the Contract Documents. Provide an overall erosion and sedimentation control system that will protect all undisturbed areas and soil stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work. D. Assume sole responsibility for the means, methods,techniques, sequences, and procedures for furnishing, installing, and maintaining erosion and sedimentation control structures and procedures and overall compliance with the TPDES General Permit. Modify the system as required to effectively control erosion and sediment. E. Retain copies of reports required by the TPDES General Permit for 3 years from date of Final Completion. 1.07 POLLUTION CONTROL A. Prevent the contamination of soil, water, or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air-borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-site locations in an acceptable manner. 2. Excavate contaminated soil and dispose at an off-site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site. 4. Comply with Laws and Regulations regarding the disposal of pollutants. C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge-contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non-contained form, or enter non-contaminated areas of the Site. 1. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the OAR. 2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. 3. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an Temporary Controls 015700-3 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. 1.08 EARTH CONTROL A. Remove excess soil, spoil materials, and other earth not required for backfill at the time of generation. Control stockpiled materials to eliminate interference with Contractor and Owner's operations. B. Dispose of excess earth off the Site. Provide written approval from the property owner for soils deposited on private property. Obtain approval of the Owner if this disposal impacts the use of Site or other easements. 1.09 OZONE ADVISORY DAYS(NOT APPLICABLE) A. Do not conduct roofing, priming, or hot-mix paving operations, except for repairs, on days the City Engineer has notified Contractor that an ozone advisory is in effect. An extension of time will be allowed for each day for which priming or hot mix paving was scheduled, crews were prepared to perform this Work and the City Engineer issued ozone alert prevents this Work. Contractor will be compensated at the unit price indicated in the Bid for each day for which an extension of time was granted due to an ozone alert. 1.10 MANAGEMENT OF WATER A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times. B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water. C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management. D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the Owner. Assume responsibility for the discharge of water from the Site. E. Remove the temporary construction and restore the Site in a manner acceptable to the OAR and to match surrounding material at the conclusion of the Work. 1.11 DEWATERING A. This item is considered subsidiary for all dewatering methods other than "well pointing" to the appropriate bid items as described in the Bid Form where dewatering is needed to keep the excavation dry, as approved by the Designer, and shall include all costs to provide a dry foundation for the proposed improvements. B. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. Temporary Controls 015700-4 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. D. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream,the Packery Channel. E. Testing of groundwater quality is to be performed by the Contractor, at the Contractor's expense, prior to commencing discharge and shall be retested by the Contractor, at the Contractor's expense, a minimum of once a week. Contractor shall coordinate with the Owner on all testing. Tests will also be performed as each new area of construction is started. F. Another option for disposal of groundwater by Contractor would include pumping to the nearest wastewater system. If discharging to temporary holding tanks and trucking to a wastewater or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Designer on a case by case basis. G. Prior to pumping groundwater from a trench to the wastewater system the Contractor shall contact Wastewater Pre-treatment Coordinator at 826-1817 to obtain a "no cost" permit from the Owner's Waste Water Department. Contractor will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit overnight, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. 1.12 DISPOSAL OF CONTAMINATED GROUNDWATER(NOT APPLICABLE) A. An allowance will be included in the Bid for the unanticipated disposal of contaminated groundwater. This allowance may not be needed but is provided in case contaminated groundwater is encountered during the course of the Project and does not meet the water quality requirements for discharge into the storm water or wastewater systems. This allowance includes all materials, tools, equipment, labor, transportation, hauling, coordination, and proper disposal of the contaminated water at an approved landfill, deep water injection well, or other site as agreed to by the Designer. Suggested disposal facilities would be [US Ecology (USET) in Robstown, Texas or Texas Molecular in Corpus Christi, Texas]. B. The payment for this Work will be based on the Contractor's actual costs and will be negotiated. Payment will not include costs associated with routine dewatering, which is considered subsidiary to the appropriate bid items as described in Paragraph 1.11. 1.13 DISPOSAL OF HIGHLY CHLORINATED WATER A. Dispose of water used for testing, disinfection, and line flushing. Comply with Owner's requirements and Laws and Regulation regarding the disposal of contaminated water, including water with levels of chlorine,which exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. Comply with the requirements of all regulatory Temporary Controls 015700-5 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 agencies in the disposal of all water used in the Project. Include a description and details for disposal of this water in a Plan of Action per SECTION 0135 00 SPECIAL PROCEDURES. Do not use the Owner's wastewater system for disposal of contaminated water. 1.14 WINDSTORM CERTIFICATION A. All affected materials and installation shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed as required by the current version of the International Building Code (IBC). When applicable, Contractor shall be responsible for contracting with a licensed structural engineer in the State of Texas to perform all inspections and provide documentation for windstorm certification to the Texas Board of Insurance. The Contractor shall be responsible for providing all necessary design/assembly documentation for all new windows, doors, louvers, etc.to the windstorm engineer/inspectors required to conform with the requirements of the Texas Department of Insurance. 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials that comply with Laws and Regulations. 3.00 EXECUTION 3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with Laws and Regulations. B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary controls when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls while they are still required. END OF SECTION Temporary Controls 015700-6 Packery Channel Restoration (Project No. H17019) Rev 8/2019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 STANDARD SPECIFICATIONS DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 021020 SITE CLEARING AND STRIPPING 1. DESCRIPTION This specification shall govern all work necessary for clearing, grubbing and stripping of objectionable matter as required to complete the project, and shall include removing and disposing of trees, stumps, brush, roots, vegetation, rubbish and other objectionable matter from the project site. 2. CONSTRUCTION METHODS The site shall be cleared of all trees, stumps, brush, roots, vegetation, rubbish and other objectionable matter as indicated on the drawings and/or as directed by the Engineer or his designated representative. Tree stumps and roots shall be grubbed to a minimum depth of 2 feet below natural ground or 2 feet below base of subgrade, whichever is lower. Areas that underlie compacted backfill shall be stripped of all vegetation, humus and other objectionable matter encountered within the top six (6) inches of the soil. All material removed from the site under this operation shall become the Contractor's responsibility. The material shall be disposed of either at a disposal site indicated on the drawings or at a disposal site obtained by the Contractor. 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, site clearing and stripping or clear right-of-way shall be measured by the acre. Payment shall be full compensation for all labor, equipment, tools and incidentals necessary for removing, handling, and disposing of objectionable matter from the site as indicated above. 021020 Page 1 of 1 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 021040 SITE GRADING 1. DESCRIPTION This specification shall govern all work necessary for backfill and grading of the site to complete the project. 2. CONSTRUCTION METHODS Prior to site grading, the site shall be cleared in accordance with City Standard Specification Section 021020 "Site Clearing and Stripping". Unless specified otherwise on the drawings, the existing surface shall be loosened by scarifying or plowing to a depth of not less than six (6)inches. The loosened material shall be recompacted with fill required to bring the site to the required grades and elevations indicated on the plans. Fill shall be uniform as to material, density and moisture content. Fill shall be free of large clods, large rocks, organic matter, and other objectionable material. No fill that is placed by dumping in a pile or windrow shall be incorporated into a layer in that position; all such piles and windrows shall be moved by blading or similar method. All fill shall be placed in layers approximately parallel to the finish grade in layers not to exceed six (6) inches of uncompacted depth, unless indicated otherwise on drawings. The fill shall be compacted to a density which approximates that of natural ground unless indicated otherwise on drawings. The Engineer may order proof rolling to test the uniformity of compaction. All irregularities, depressions and soft spots that develop shall be corrected by the Contractor. Excess material from excavation, which is not incorporated into the site as fill, shall be become property of the Contractor and disposed of away from the job site, unless indicated otherwise on the drawings. 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, site grading shall not be measured for pay,but shall be considered subsidiary to other work. 021040 Page 1 of 1 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 021080 REMOVING ABANDONED STRUCTURES 1. DESCRIPTION This specification shall provide for the demolition,removal and disposal of abandoned structures or portions of abandoned structures, as noted on the drawings, and shall include all excavation and backfilling necessary to complete the removal. The work shall be done in accordance with the provisions of these specifications. 2. METHOD OF REMOVAL Culverts or Sewers. Pipe shall be removed by careful excavation of all dirt on top and the sides in such manner that the pipe will not be damaged. Removal of sewer appurtenances shall be included for removal with the pipe. Those pipes which are deemed unsatisfactory for reuse by the Engineer may be removed in any manner the Contractor may select. Concrete Structures. Unwanted concrete structures or concrete portions of structures shall be removed to the lines and dimensions shown on the drawings, and these materials shall be disposed of as shown on the drawings or as directed by the Engineer. Any portion of the existing structure outside of the limits designated for removal which is damaged by the Contractor's operations shall be restored to its original condition at the Contractor's entire expense. Explosives shall not be used in the removal of portions of the existing structure unless approved by the Engineer, in writing. Portions of the abandoned structure shall be removed to the lines and dimensions shown on the plans, and these materials shall be disposed of as shown on the drawings or as directed by the Engineer. Any portion of the existing structure, outside of the limits designated for removal, damaged during the operations of the Contractor, shall be restored to its original condition entirely at the Contractor's expense. Explosives shall not be used in the removal of portions of the existing structure unless approved by the Engineer, in writing. Concrete portions of structures below the permanent ground line, which will not interfere in any manner with the proposed construction, may be left in place, but removal shall be carried at least five (5) feet below the permanent ground line and neatly squared off. Reinforcement shall be cut off close to the concrete. Steel Structures. Steel structures or steel portions of structures shall be dismantled in sections as determined by the Engineer. The sections shall be stored if the members are to be salvaged and reused. Rivets and bolts connecting steel railing members, steel beams of beam spans and steel stringers of truss spans, shall be removed by butting the heads with a "cold cut" and punching or drilling from the hole, or by such other method that will not injure the members for re-use and will meet the approval of the Engineer. The removal of rivets and bolts from connections of truss 021080 Page 1 of 3 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 members, bracing members, and other similar members in the structure will not be required unless specifically called for on the plans or special provisions, and the Contractor shall have the option of dismantling these members by flame-cutting the members immediately adjacent to the connections. Flame-cutting will not be permitted, however, when the plans or special provisions call for the structure unit to be salvaged in such manner as to permit re-erection. In such case, all members shall be carefully matchmarked with paint in accordance with diagrams furnished by the Engineer prior to dismantling, and all rivets and bolts shall be removed from the connections in the manner specified in the first portion of this paragraph. Timber Structures. Timber structures or timber portions of structures to be reused shall be removed in such manner as to damage the timber for further use as little as possible. All bolts and nails shall be removed from such lumber as deemed salvable by the Engineer. Unless otherwise specified on the drawings, timber piles shall be either pulled or cut off at the point not less than five (5) feet below ground line, with the choice between these two methods resting with the Contractor,unless otherwise specified. Brick or Stone Structures. Unwanted brick or stone structures or stone portions of structures shall be removed. Portions of such structures below the permanent ground line, which will not in any manner interfere with the proposed construction, may be left in place, but removal shall be carried at least five(5)feet below the permanent ground line and neatly squared off. Salvage. All material such as pipe, timbers,railings, etc.,which the Engineer deems as salvable for reuse, and all salvaged structural steel, shall be delivered to a designated storage area. Materials, other than structural steel, which are not deemed salvable by the Engineer, shall become the property of the Contractor and shall be removed to suitable disposal sites off of the right-of-way arranged for by the Contractor, or otherwise disposed of in a manner satisfactory to the Engineer. Where temporary structures are necessary for a detour adjacent to the present structure, the Contractor will be permitted to use the material in the old structure for the detour structure, but he shall dismantle and stack or dispose of the material as required above as soon as the new structure is opened for traffic. Backfill. All excavations made in connection with this specification and all openings below the natural ground line caused by the removal of abandoned structures or portions thereof shall be backfilled to the level of the original ground line, unless otherwise provided on the drawings. Backfill in accordance with applicable requirements of Sections 022020 "Excavation and Backfill for Utilities" and 022080 "Embankment". All open ends of abandoned pipe or other structures shall be filled or plugged as specified. That portion of the backfill which will support any portion of the roadbed, embankment, levee, or other structural feature shall be placed in layers of the same depth as those required for placing 021080 Page 2 of 3 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 embankment, maximum 10" loose lifts unless otherwise specified. Material in each layer shall be wetted uniformly, if required, and shall be compacted to a minimum of 95% Standard Proctor density, unless otherwise specified. In places inaccessible to blading and rolling equipment, mechanical or hand tamps or rammers shall be used to obtain the required compaction. That portion of the backfill which will not support any portion of the roadbed, embankment, or other structural feature shall be placed as directed by the Engineer in such manner and to such state of compaction as will preclude objectionable amount of settlement, maximum 10" loose lifts to minimum 95% Standard Proctor density unless otherwise specified. 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, the work governed by this specification shall not be measured for pay,but shall be subsidiary to the project. 021080 Page 3 of 3 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 022020 EXCAVATION AND BACKFILL FOR UTILITIES 1. DESCRIPTION This specification shall govern all work for excavation and backfill for utilities required to complete the project. 2. CONSTRUCTION (1) Unless otherwise specified on the drawings or permitted by the Engineer, all pipe and conduit shall be constructed in open cut trenches with vertical sides. Trenches shall be sheathed and braced as necessary throughout the construction period. Sheathing and bracing shall be the responsibility of the Contractor (refer to Section 022022 "Trench Safety for Excavations" of the City Standard Specifications). Trenches shall have a maximum width of one foot beyond the horizontal projection of the outside surfaces of the pipe and parallel thereto on each side unless otherwise specified. The Contractor shall not have more than 200 feet of open trench left behind the trenching operation and no more than 500 feet of ditch behind the ditching machine that is not compacted as required by the plans and specifications. No trench or excavation shall remain open after working hours. For all utility conduit and sewer pipe to be constructed in fill above natural ground, the embankment shall first be constructed to an elevation not less than one foot above the top of the pipe or conduit, after which excavation for the pipe or conduit shall be made. If quicksand, muck, or similar unstable material is encountered during the excavation, the following procedure shall be used unless other methods are called for on the drawings. If the unstable condition is a result of ground water,the Contractor,prior to additional excavation, shall control it. After stable conditions have been achieved,unstable soil shall be removed or stabilized to a depth of 2 feet below the bottom of pipe for pipes 2 feet or more in height;and to a depth equal to the height of pipe, 6 inches minimum,for pipes less then 2 feet in height. Such excavation shall be carried at least one foot beyond the horizontal limits of the structure on all sides. All unstable soil so removed shall be replaced with suitable stable material, placed in uniform layers of suitable depth as directed by the Engineer,and each layer shall be wetted, if necessary, and compacted by mechanical tamping as required to provide a stable condition. For unstable trench conditions requiring outside forms, seals, sheathing and bracing, any additional excavation and backfill required shall be done at the Contractor's expense. (2) Shaping of Trench Bottom. The trench bottom shall be undercut a minimum depth sufficient to accommodate the class of bedding indicated on the plans and specifications. 022020 Page 1 of 4 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 (3) Dewatering Trench. Pipe or conduit shall not be constructed or laid in a trench in the presence of water. All water shall be removed from the trench sufficiently prior to the pipe or conduit planing operation to insure a relatively dry (no standing water), firm bed. The trench shall be maintained in such dewatered condition until the trench has been backfilled to a height at lease one foot above the top of pipe. Removal of water may be accomplished by bailing,pumping,or by installation of well-points,as conditions warrant. Removal of well- points shall be at rate of 1/3 per 24 hours (every third well-point). The Contractor shall prevent groundwater from trench or excavation dewatering operations from discharging directly into the storm water system. Groundwater from dewatering operations shall be sampled and tested, if applicable, and disposed of, in accordance with City Standard Specification Section 022021 "Control of Ground Water". (4) Excavation in Streets. Excavation in streets,together with the maintenance of traffic where specified, and the restoration of the pavement riding surface, shall be in accordance with drawing detail or as required by other applicable specifications. (5) Removing Abandoned Structures. When abandoned masonry structures or foundations are encountered in the excavation, such obstructions shall be removed for the full width of the trench and to a depth one foot below the bottom of the trench. When abandoned inlets or manholes are encountered and no plan provision is made for adjustment or connection to the new utility,such manholes and inlets shall be removed completely to a depth one foot below the bottom of the trench. In each instance,the bottom to the trench shall be restored to grade by backfilling and compacting by the methods provided hereinafter for backfill. Where the trench cuts through utility lines which are known to be abandoned, these lines shall be cut flush with the sides of the trench and blocked with a concrete plug in a manner satisfactory to the Engineer. (6) Protection of Utilities. The Contractor shall conduct his work such that a reasonable minimum of disturbance to existing utilities will result. Particular care shall be exercised to avoid the cutting or breakage of water and gas lines. Such lines,if broken, shall be restored promptly by the Contractor. When active wastewater lines are cut in the trenching operations, temporary flumes shall be provided across the trench while open, and the lines shall be restored when the backfilling has progressed to the original bedding line of the sewer so cut. The Contractor shall inform utility owners sufficiently in advance of the Contractor's operations to enable such utility owners to reroute, provide temporary detours, or to make other adjustments to utility lines in order that the Contractor may proceed with his work with a minimum of delay. The Contractor shall not hold the City liable for any expense due to delay or additional work because of utility adjustments or conflicts. (7) Excess Excavated Material. All materials from excavation not required for backfilling the trench shall be removed by the Contractor from the job site promptly following the completion of work involved. 022020 Page 2 of 4 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 (8) Backfill A. Backfill Procedure Around Pipe (Initial Backfill) All trenches and excavation shall be backfilled as soon as is practical after the pipes or conduits are properly laid. In addition to the specified pipe bedding material, the backfill around the pipe as applicable shall be granular material as shown on the standard details or as described in the applicable specification section, and shall be free of large hard lumps or other debris. If indicated on the plans, pipe shall be encased with cement-stabilized sand backfill as described below. The backfill shall be deposited in the trench simultaneously on both sides of the pipe for the full width of the trench,in layers not to exceed ten(10)inches (loose measurement), wetted if required to obtain proper compaction, and thoroughly compacted by use of mechanical tampers to a density comparable to the adjacent undisturbed soil or as otherwise specified on the plans,but not less than 95%Standard Proctor density. A thoroughly compacted material shall be in place between the external wall of the pipe and the undisturbed sides of the trench and to a level twelve (12)inches above the top of the pipe. B. Backfill Over One Foot Above Pipe Final Backfill) UNPAVED AREAS: The backfill for that portion of trench over one(1)foot above the pipe or conduit not located under pavements (including waterlines, gravity wastewater lines, wastewater force mains and reinforced concrete storm water pipe) shall be imported select material or clean, excess material from the excavation meeting the following requirements: Free of hard lumps, rock fragments, or other debris, No clay lumps greater than 2" diameter Moisture Content: +/-3% Backfill material shall be placed in layers not more than ten (10) inches in depth (loose measurement),wetted if required to obtain proper compaction,and thoroughly compacted by use of mechanical tampers to the natural bank density but not less than 95%Standard Proctor density,unless otherwise indicated. Flooding of backfill is not allowed. Jetting of backfill may only be allowed in sandy soils and in soils otherwise approved by the Engineer. Regardless of backfill method, no lift shall exceed 10 inches and density shall not be less than 95% Standard Proctor density. A period of not less than twenty-four(24) hours shall elapse between the time of jetting and the placing of the top four (4) feet of backfill. If jetting is used, the top four (4) feet of backfill shall be placed in layers not more than 10 inches in depth (loose measurement), wetted if required to obtain proper compaction, and thoroughly compacted by use of mechanical tampers to the natural bank density but not less than 95% Standard Proctor density (ASTM D698). PAVED AREAS: At utility line crossings under pavements (including waterlines, gravity wastewater lines, wastewater force mains, and reinforced concrete storm water pipe), and where otherwise indicated on the drawings, trenches shall be backfilled as shown below: From top of initial backfill (typically twelve (12)inches above top of the pipe)to three (3) feet below bottom of road base course, backfill shall be select material meeting the requirements of 022100 "Select Material". 022020 Page 3 of 4 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Asphalt Roadways The upper three (3) feet of trench below the road base course shall be backfilled to the bottom of the road base course with cement-stabilized sand containing a minimum of 2 sacks of Standard Type I Portland cement per cubic yard of sand and compacted to not less than 95% Standard Proctor density. Concrete Roadways The Contractor may elect to backfill the upper three (3) feet of trench below the road base course with cement stabilized sand as noted above, or in the case of storm water pipe or box installation the Contractor may backfill and compact select material to 98% Standard Proctor density (ASTM D698)following City Standard Specification Section 022100. 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, excavation and backfill for utilities, including select material or cement-stabilized sand backfill,shall not be measured and paid for separately. It shall be considered subsidiary to the items for which the excavation and backfill is required. 022020 Page 4 of 4 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 022022 TRENCH SAFETY FOR EXCAVATIONS 1. DESCRIPTION This specification shall govern all work for providing for worker safety in excavations and trenching operations required to complete the project. 2. REQUIREMENTS Worker Safety in excavations and trenches shall be provided by the Contractor in accordance with Occupational Safety and Health Administration (OSHA) Standards, 29 CFR Part 1926 Subpart P - Excavations. It is the sole responsibility of the Contractor, and not the City or Engineer or Consultant, to determine and monitor the specific applicability of a safety system to the field conditions to be encountered on the job site during the project. The Contractor shall indemnify and hold harmless the City and Engineer and Consultant from all damages and costs that may result from failure of methods or equipment used by the Contractor to provide for worker safety. Trenches, as used herein, shall apply to any excavation into which structures, utilities, or sewers are placed regardless of depth. Trench Safety Plan, as used herein, shall apply to all methods and materials used to provide for worker safety in excavation and trenching operations required during the project. 3. MEASUREMENT AND PAYMENT Measurement of Trench Safety shall be by the linear foot of trench, regardless of depth. Measurement shall be taken along the centerline of the trench. Measurement for Excavation Safety for Utility Structures shall be per each excavation. Excavations include, but are not limited to, those for manholes, vaults, pits and other such structures that are incidental to utility work. Measurement for Excavation Safety for Special Structures shall be per each excavation or by the lump sum for each special structure identified in the Proposal. Payment shall be at the unit price bid and shall fully compensate the Contractor for all work, equipment, materials, personnel, and incidentals as required to provide for worker safety in trenches and excavations for the project. Revision current for Texas Code Chapter 756 Subchapter C.Trench Safety. 022022 Page 1 of 1 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 022080 EMBANKMENT 1. DESCRIPTION This specification shall govern all work for Embankment required to complete the project. 2. CONSTRUCTION METHODS Prior to placing embankment, the area to be covered shall be stripped of all vegetation and the material so removed shall be disposed of off the job site. Washes, gulleys, wet areas, and yielding areas shall be corrected as directed by the Engineer. Unless otherwise indicated on the drawings, the surface of the ground which is to receive embankment shall be loosened by scarifying or plowing to a depth of not less than 6 inches. The loosened material shall be recompacted with the new embankment as hereinafter specified. Embankment shall be placed in layers not to exceed ten (10) inches uncompacted (loose) depth for the full width of the embankment,unless otherwise noted. Where embankment is adjacent to a hillside or old roadbed, the existing slope shall be cut in steps to not less than the vertical depth of an uncompacted layer. The fill material shall be placed from the low side and compacted. Each layer shall overlap the existing embankment by at least the width indicated by the embankment slope. Trees, stumps, roots, vegetation, debris or other unsuitable materials shall not be placed in embankment. Each layer of embankment shall be uniform as to material, density and moisture content before beginning compaction. Where layers of unlike materials abut each other, each layer shall be feather-edged for at least 100 feet or the material shall be so mixed as to prevent abrupt changes in the soil. No material placed in the embankment by dumping in a pile or windrow shall be incorporated in a layer in that position, but all such piles or windrows shall be moved by blading or similar methods. Clods or lumps of material shall be broken and the embankment material mixed by blading, harrowing, disking or similar methods to the end that a uniform material of uniform density is secured in each layer. Except as otherwise required by the drawings, all embankments shall be constructed in layers approximately parallel to the finished grade and each layer shall be so constructed as to provide a uniform slope of 1/4 inch per foot from the centerline of the embankment to the outside. Each layer shall be compacted to the required density and moisture by any method, type and size of equipment that will give the required compaction. Prior to and in conjunction with the rolling operation, each layer shall be brought to the moisture content necessary to obtain the required density and shall be kept leveled with suitable equipment to insure uniform compaction over the entire layer. For each layer of earth embankment and select material, it is the intent of this specification to provide the density as required herein, unless otherwise shown on the drawings. Soils for 022080 Page 1 of 2 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 embankment shall be sprinkled with water as required to provide not less than optimum moisture and compacted to the extent necessary to provide not less than 95% Standard Proctor density (ASTM D698). Field density determinations will be made in accordance with approved methods. After each layer of earth embankment or select material is complete, tests, as necessary, will be made by the Engineer. If the material fails to meet the density specified, the course shall be reworked as necessary to obtain the specified compaction, and the compaction method shall be altered on subsequent work to obtain specified density. Such procedure shall be determined by, and subject to,the approval of the Engineer. The Engineer may order proof rolling to test the uniformity of compaction of the embankment layers. All irregularities, depressions, weak or soft spots which develop shall be corrected immediately by the Contractor. Should the embankment, due to any reason or cause, lose the required stability, density or moisture before the pavement structure is placed, it shall be recompacted and refinished at the sole expense of the Contractor. Excessive loss of moisture in the subgrade shall be prevented by sprinkling, sealing or covering with a subsequent layer of granular material. 3. SELECTION OF MATERIAL In addition to the requirement in the excavation items of the specifications covering the general selection and utilization of materials to improve the roadbed, embankments shall be constructed in proper sequence to receive the select material layers shown on drawings,with such modifications as may be directed by the Engineer. The layer of embankment immediately preceding the upper layer of select material shall be constructed to the proper section and grade within a tolerance of not more than 0.10 foot from the established section and grade when properly compacted and finished to receive the select material layer. Select material, when specified, shall meet the requirements in City Standard Specification Section 022100 "Select Material". 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, embankment shall not be measured and paid for separately,but shall be subsidiary to other items of work. 022080 Page 2 of 2 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 022420 SILT FENCE 1. DESCRIPTION This specification shall govern all work necessary for providing and installing silt fencing required to control sedimentation and erosion during construction of the project. 2. MATERIAL REQUIREMENTS A. Geotextile shall meet the requirements for temporary silt fence per AASHTO M288. B. Fence Reinforcement Materials: Silt fence reinforcement shall be one of the following systems. Type 1: Self-Supported Fence - This system consists of fence posts, spaced no more than 8- 1/2 feet apart, and geotextile without net reinforcement. Fence posts shall be a minimum of 42 inches long, embedded at least one (1) foot into the ground, and constructed of either wood or steel. Soft wood posts shall be at least 3 inches in diameter or nominal 2 x 4 inches in cross section and essentially straight. Hardwood posts shall be a minimum of 1.5 x 1.5 inches in cross section. Fabric attachment may be by staples or locking plastic ties at least every 6 inches, or by sewn vertical pockets. Steel posts shall be T or L shaped with a minimum weight of 1.3 pounds per foot. Attachment shall be by pockets or by plastic ties if the posts have suitable projections. Type 2: Net-Reinforced Fence - This system consists of fence posts, spaced no more than 8-1/2 feet apart, and geotextile with an attached reinforcing net. Fence posts shall meet the requirements of Self-Supported Fence. Net reinforcement shall be galvanized welded wire mesh of at least 12.5-gauge wire with maximum opening size of 4 x 2 inches. The fabric shall be attached to the top of the net by crimping or cord at least every 2 feet, or as otherwise specified. Type 3: Triangular Filter Dike - This system consists of a rigid wire mesh, at least 6-gauge, formed into an equilateral triangle cross-sectional shape with sides measuring 18 inches, wrapped with geotextile silt fence fabric. The fabric shall be continuously wrapped around the dike,with a skirt extending at least 12 inches from its upslope corner. C. Packaging Requirements: Prior to installation, the fabric shall be protected from damage due to ultraviolet light and moisture by either wrappers or inside storage. 022420 Page 1 of 2 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 D. Certification and Identification: Each lot or shipment shall be accompanied by a certification of conformance to this specification. The shipment must be identified by a ticket or by labels securely affixed to the fabric rolls. This ticket or label must list the following information: a. Name of manufacturer or supplier b. Brand name and style C. Manufacturer's lot number or control number d. Roll size (length and width) e. Chemical composition 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, silt fence shall be measured by the linear foot. Payment shall be at the bid price for the unit of measurement specified and shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work. Payment shall include, but not be limited to, placing, maintaining and removing the silt fence. 022420 Page 2 of 2 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 025612 CONCRETE SIDEWALKS AND DRIVEWAYS 1. DESCRIPTION This specification shall consist of sidewalks and driveways, with or without reinforcing steel, composed of Portland cement concrete,constructed as herein specified on an approved subgrade,in conformity with the lines and grades established by the Engineer and the details shown on the drawings. 2. MATERIALS Materials and proportions used in construction under this item shall conform to the requirements as specified for Class"A" concrete under City Standard Specification Section 030020"Portland Cement Concrete". Reinforcing steel shall conform to the requirements as specified in City Standard Specification Section 032020 "Reinforcing Steel". Expansion joint filler shall be redwood meeting the requirements specified in City Standard Specification Section 038000"Concrete Structures". Cap seal shall be "Greenstreak" or approved equal. 3. CONSTRUCTION METHODS The subgrade shall be excavated, compacted and shaped to line, grade and cross-section and hand tamped and sprinkled with water. Subgrade under concrete sidewalks and driveways shall be compacted to not less than 95% Standard Proctor density. The subgrade shall be within 0-3% of optimum moisture content at the time the concrete is placed. Forms shall be of wood or metal, of a section satisfactory to the Engineer, straight, free from warp, and of a depth equal to the thickness of the finished work. They shall be securely staked to line and grade and maintained in a true position during the depositing of concrete. The reinforcing steel shall be placed in position as shown on the drawings. Care shall be exercised to keep all reinforcing steel in its proper location. Driveways shall incorporate the gutter in a unified concrete placement as shown in the City Standard Detail for driveways. Sidewalks shall be constructed in sections of the lengths shown on drawings. Unless otherwise provided by the drawings,no section shall be of a length less than 8 feet, and any section less than 8 feet shall be removed by the Contractor at his own expense. 025612 Page 1 of 2 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 The different sections shall be separated by a premolded insert or board j oint of the thickness shown on the drawings, placed vertically and at right angles to the longitudinal axis of the sidewalks. Where the sidewalk or driveways abut a curb or retaining wall, approved expansion joint material shall be placed along their entire length. Similar expansion joint material shall be placed around all obstructions protruding through sidewalks or driveways. Concrete shall be mixed in a manner satisfactory to the Engineer,placed in the forms to the depth specified and spaded and tamped until thoroughly compacted and mortar entirely covers the surface. The top surface shall be floated with a wooden float to a gritty texture. The outer edges and joints shall then be rounded with approved tools to the radii shown on drawings. 5-foot wide sidewalks shall be marked into separate sections, each 5 feet in length, by the use of approved jointing tools. For other widths of sidewalk,joints to be spaced longitudinally to match the transverse width. When completed,the sidewalks and driveways shall be cured with Type 2,white pigmented curing compound. Other methods of curing as outlined in City Standard Specification Section 038000 "Concrete Structures" will be acceptable with a required curing period of 72 hours. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form,concrete sidewalks and driveways shall be measured by the square foot of surface area of completed sidewalks, driveways, or sidewalks and driveways, as indicated on the drawings. Payment shall be full compensation for preparing and compacting the subgrade; for furnishing and placing all materials including concrete, reinforcing steel and expansion joint material; and for all manipulation, labor,tools, equipment and incidentals necessary to complete the work. 025612 Page 2 of 2 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 025802 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION 1. DESCRIPTION This specification shall govern all work required for Temporary Traffic Controls during construction. The work shall include furnishing, installing, moving, replacing, and maintaining all temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary detours, temporary striping and markers, flagger, temporary drainage pipes and structures, blue business signs, and such temporary devices as necessary to safely complete the project. 2. MATERIALS Traffic control devices shall conform to the latest edition of the "Texas Manual on Uniform Traffic Control Devices",unless indicated otherwise on the Traffic Control Plan. 3. METHODS Sufficient traffic control measures shall be used to assure a safe condition and to provide a minimum of inconvenience to motorists and pedestrians. If the Traffic Control Plan (TCP) is included in the drawings, any changes to the TCP by the Contractor shall be prepared by a Texas licensed professional engineer and submitted to the City Traffic Engineer for approval, prior to construction. If the TCP is not included in the drawings, the Contractor shall provide the TCP prepared by a Texas licensed professional engineer and submit the TCP to the City Traffic Engineer for approval,prior to construction. The Contractor is responsible for implementing and maintaining the traffic control plan and will be responsible for furnishing all traffic control devices, temporary signage and ATSSA certified flaggers. The construction methods shall be conducted to provide the least possible interference to traffic so as to permit the continuous movement of traffic in all allowable directions at all times. The Contractor shall cleanup and remove from the work area all loose material resulting from construction operations at the end of each workday. All signs, barricades, and pavement markings shall conform to the BC standard sheets, TCP sheets and the latest version of the "Texas Manual on Uniform Traffic Control Devices". The Contractor may be required to furnish additional barricades, signs, and warning lights to maintain traffic and promote motorists safety. Any such additional signs and barricades will be considered subsidiary to the pay item for traffic control. All signs, barricades, and posts will be either new or freshly painted. The contractor and any traffic control subcontractor must be ATSSA certified for Traffic Control. 025802 Page 1 of 3 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 A competent person, responsible for implementation of the TCP and for traffic safety, shall be designated by the Contractor. The name and off-hours phone number of the competent person shall be provided in writing at the Pre-Construction Conference. The competent person shall be on site, during working hours and on call at all times in the event of off-hour emergency. The contractor must provide temporary blue sign boards that direct traffic to businesses and driveways during each phase of construction— see example below. The sign boards may be either skid mounted or barrel mounted. The City will assist the contractor in determining which businesses and driveways will receive signage during various construction phases. The provision, installation, and removal of signage will be considered to be subsidiary to the contract items provided for"Traffic Control." Example Blue Sign 24' to 50" 4,uy ANDARIN W 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, temporary traffic controls during construction shall be measured as a lump sum. Payment shall include, but not be limited to, furnishing, installing, moving, replacing and maintaining all temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary striping and markers, flaggers, removable and non-removable work zone pavements markings and signage, channelizing devices, temporary detours, temporary flexible-reflective roadway marker tabs, temporary traffic markers, temporary drainage pipes and structures, blue business signs, and such temporary devices and relocation of existing signs and devices. Payment shall be full compensation for all labor, equipment, materials, personnel, and incidentals necessary to provide a safe condition during 025802 Page 2 of 3 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 construction of all phases and elements of the project and to complete the work. Payment will be made on the following basis: The initial monthly estimate will include 50% of the lump sum bid amount minus retention (typically 5%). The balance will be paid with the final estimate,upon completion of the project. 025802 Page 3 of 3 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 028020 SEEDING 1. DESCRIPTION This specification shall govern all work necessary for tilling, fertilizing, planting seeds, mulching, watering and maintaining vegetation required to complete the project. 2. MATERIALS 2.1 FERTILIZER: All fertilizer shall be delivered in bags or clearly marked containers showing the analysis, name, trademark and warranty. The fertilizer is subject to testing by the State Chemist in accordance with the Texas fertilizer law. Fertilizer shall have an analysis of 12-12-12 (percent of nitrogen, phosphoric acid and potash) as determined by the Association of Official Agricultural Chemists. Fertilizer shall be free flowing and uniform in composition. 2.2 SEED: Seed shall be labeled and meet the requirements of the Texas Seed Law. Labels shall indicate purity, germination, name and type of seed. Seed furnished shall be of the previous season's crop, and the date of analysis shown on each bag shall be within twelve months of delivery to the project. The quantity of"Commercial Seed" required to equal the quantity of"Pure Live Seed" shall be computed by the following formula: Commercial Seed=Pure Live Seed x 10,000 %Purity x % Germination The quantity of pure live seed and type required are indicated below. Mixture A or C shall be used for this project, depending on the time of the year planting is performed. LB/ACRE OF PURE LIVE SEED FOR MIXTURES COMMON NAME SCIENTIFIC NAME A B C Green Sprangletop Leptochloa Dubia 1.4 1.4 - Sideoats Grama(premier) Bouteloua Curtipendula 0.6 - 0.6 Bermudagrass (Hulled) Cynodon Dactylon 7.0 7.4 - Bermudagrass (Unhulled) Cynodon Dactylon - - 30.0 K-R Bluestem Andropogon Ischaemum 1.2 1.2 1.5 Buffalograss Buchloe Dactyloides - 4.2 - Annual Ryegrass Lolium Multiflorum 5.0 5.0 20.0 Mixture-A: Recommended for clay or tight soil planted between December 1 thru May 1. Mixture-B: Recommended for sandy soil planted between December 1 thru May 1. Mixture- C: Recommended for all soils planted between May 2 thru November 30. 028020 Page 1 of 4 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 2.3 MULCH: Mulch shall be either the straw type or wood cellulose fiber type. Straw Type mulch shall be of straw from stalks of domestic grain, Bermudagrass or cotton hulls, or other approved by the Engineer. Wood Cellulose Fiber Type mulch shall have no growth inhibiting ingredients and shall be dried with a moisture content less that 10% by weight. Fibers shall be dyed an appropriate color to facilitate visual metering and application of mulch. The cellulose fiber shall be manufactured so that after addition and agitation in slurry tank with fertilizers, seeds and other approved additives, the fibers in the material will become uniformly suspended to form a homogeneous slurry; when sprayed on the ground, the material shall form a uniform cover impregnated with seeds; the cover shall allow added water to percolate to the underlying soil. The fiber material shall be supplied in packages of not more than 100 lb. gross weight and shall be marked by the manufacturer to indicate the dry weight content. 2.4 EQUIPMENT: The fertilizing, seeding and/or mulching operations shall be accomplished with equipment suitable to the required function. It shall be of current design and in good operating condition. Special seeding and mulching equipment must also meet the following requirements: Seeder - Equipment for applying a seed-fertilizer mix shall be a hydraulic seeder designed to pump and discharge a waterborne, homogeneous slurry of seed and fertilizer. The seeder shall be equipped with a power driven agitator and capable of pressure discharge. Straw Mulch Spreader - Equipment used for straw mulch application shall be trailer mounted, equipped with a blower capable of 2000 r.p.m. operation, and that will discharge straw mulch material through a discharge boom with spout at speeds up to 220 feet per second. The mulch spreader shall be equipped with an asphalt supply and application system near the discharge end of the boom spout. The system shall apply asphalt adhesive in atomize form to the straw at a predetermined rate. The spreader shall be capable of blowing the asphalt-coated mulch, with a high velocity airstream, over the surface at a uniform rate, forming a porous, stable erosion-resistant cover. Wood Cellulose Fiber Mulch Spreader - Equipment used for this application of fertilizer, seeds, wood pulp, water and other additives shall have a built-in agitation system with sufficient capacity to agitate, suspend and homogeneously mix a slurry containing up to 40 lbs. of fiber plus the required fertilizer solids for each 100 gallons of water. It shall have sufficient agitation and pump capacity to spray a slurry in a uniform coat over the area to be mulched. 028020 Page 2 of 4 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3. CONSTRUCTION METHODS 3.1 PREPARATION OF SEEDBED: The area to be treated along with requirements for seed, fertilizer and other treatments, shall be done as indicated on the drawings and as specified below. Clearing—Refer to City Standard Specification Section 021020, "Site Clearing and Stripping". Grading - Refer to City Standard Specification Section 021040, "Site Grading". Tilling - The area to be seeded shall be tilled to a depth of 4 to 6 inches by disking,plowing, or other approved methods until soil condition is acceptable. Topsoiling — If the native soils are not conducive to the establishment and maintenance of grass growth, or if called for on the drawings,topsoil shall be placed over the area to be seeded to a depth of 5 inches after tilling. Topsoil shall have a pH range of 5.5 to 7; shall contain between 2 and 20 percent organic material content in accordance with ASTM D5268; and shall be free of stones larger than one inch, debris, and extraneous materials harmful to plant growth. 3.2 FERTILIZING: Fertilizer shall be uniformly applied at a rate of 400 lb/acre, after tilling. Fertilizing and seeding shall be done concurrently. If seeds and fertilizer are distributed in a water slurry, the mixture shall be applied to the area to be seeded within 30 minutes after all the components have come into contact. 3.3 SEEDING: The seed mixture shall be uniformly distributed at the rate specified above. Broadcast Seeding - Seed shall be placed with fertilizer, after tilling. After planting, the area shall be rolled on contour with a corrugated roller. Straw Mulch Seeding - Seed shall be placed with fertilizer, after tilling. After placement of the seed and fertilizer mixture, straw mulch shall be uniformly placed at a rate of 2 tons per acre. As soon as the mulch has been spread, it shall be anchored to the soil a minimum depth of 3 inches by use of a heavy, dulled disk harrow, set nearly straight. Disks shall be set approximately 9 inches apart. Straw Mulch With Asphalt Seeding - Seed, fertilizer and straw mulch shall be placed as described in "Straw Mulch Seeding" with the following two exceptions: 1) An asphalt-water emulsion shall be applied to the mulch near the discharge end of the boom spout at a rate of 300 to 600 gallons per acre. 2)Mechanical anchoring by disking will not be required. Asphalt Mulch Seeding - The seed and fertilizer shall be placed as described for 'Broadcast Seeding". After the area has been rolled, the area shall be watered sufficiently to assure a uniform moisture to a minimum depth of 4 inches. An asphalt-water emulsion shall be applied at a rate of 1500 to 1800 gallons per acre, immediately after watering. Asphalt shall be applied to the area in such a manner that a complete film is obtained and the finished surface shall be 028020 Page 3 of 4 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 comparatively smooth. Wood Cellulose Fiber Mulch Seeding - After tilling, mulch shall be applied. Wood cellulose fibers shall be added to the hydraulic seeder after the proportionate amounts of seed, fertilizer, water and other approved materials are added. Application shall be 1500 lb./acre on flats, 2000 lb./acre on slopes up to 3:1, and 2500 lb./acre on slopes steeper than 3:1. One hundred (100)pounds of fiber per acre shall be used when asphalt is to be applied over cellulose mulch. The mulch shall provide a uniform cover over the soil surface. Asphalt Over Wood Cellulose Fiber Mulch Seeding - "Wood Cellulose Fiber Mulch Seeding" shall be done as described above. After mulch has been placed, an asphalt-water emulsion shall be uniformly spread over the mulch at a rate of 1200 gallons per acre. 3.4 MAINTENANCE: The Contractor shall water, repair and reseed areas as required for a period of 45 days or until growth has been established, whichever is longer. This includes erosion damage. Maintenance does not include mowing or weed control, unless indicated on the plans. If at any time the seeded area becomes gullied or otherwise damaged, or the seeds have been damaged or destroyed, the affected portion shall be re-established to the specified condition prior to acceptance of the work. 3.5 GUARANTEE: The Contractor shall assure 95% of the seeded area has established grass growth at 45 calendar days after seeding, unless indicated otherwise on the drawings. Where established, grass growth is defined as at least one plant per square foot with no bare spots larger than three (3) square feet. The Contractor shall re-establish grass growth as directed by the Engineer during the one-year warranty period. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, seeding will be measured by the horizontal square yard of area seeded within the areas designated on the drawings. Areas disturbed by the Contractor that are outside of the designated areas (such as field office, laydown/ storage area, stockpile areas, etc.) shall be seeded by the Contractor for erosion control per the stormwater pollution prevention plan but will not be measured for payment. Payment shall be full compensation for all labor, materials, tools, equipment and incidentals necessary to complete the work, and shall include, but not be limited to, tilling soil, topsoiling, fertilizing, planting, mulching, watering and maintaining vegetation. Payment shall be due and payable only after grass growth has been established as described above. 028020 Page 4 of 4 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 030020 PORTLAND CEMENT CONCRETE 1. DESCRIPTION This specification shall govern for the materials used; for the storing and handling of materials; and for the proportioning and mixing of concrete for culverts, manholes, inlets, curb and gutter, sidewalks, driveways, curb ramps, headwalls and wingwalls, riprap, and incidental concrete construction. The concrete shall be composed of Portland cement, aggregates (fine and coarse), admixtures if desired or required, and water,proportioned and mixed as hereinafter provided. 2. MATERIALS (1) Cement The cement shall be either Type I, II or III Portland cement conforming to ASTM Designation: C150, modified as follows: Unless otherwise specified by the Engineer, the specific surface area of Type I and II cements shall not exceed 2000 square centimeters per gram (Wagner Turbidimeter— TxDOT Test Method Tex-310-D). For concrete piling, the above limit on specific surface area is waived for Type II cement only. The Contractor shall furnish the Engineer, with each shipment, a statement as to the specific surface area of the cement expressed in square centimeters per gram. For cement strength requirements, either the flexural or compressive test may be used. Either Type I or II cement shall be used unless Type 11 is specified on the plans. Except when Type II is specified on the plans, Type III cement may be used when the anticipated air temperature for the succeeding 12 hours will not exceed 60°F. Type III cement may be used in all precast prestressed concrete, except in piling when Type II cement is required for substructure concrete. Different types of cement may be used in the same structure, but all cement used in any one monolithic placement shall be of the same type and brand. Only one brand of each type will be permitted in any one structure unless otherwise authorized by the Engineer. Cement may be delivered in bulk where adequate bin storage is provided. All other cement shall be delivered in bags marked plainly with the name of the manufacturer and the type of cement. Similar information shall be provided in the bills of lading accompanying each shipment of packaged or bulk cement. Bags shall contain 94 pounds net. All bags shall be in good condition at time of delivery. All cement shall be properly protected against dampness. No caked cement will be accepted. Cement remaining in storage for a prolonged period of time may be retested and rejected if it fails to conform to any of the requirements of these specifications. 030020 Page 1 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 (2) Mixing Water Water for use in concrete and for curing shall be free from oils, acids, organic matter or other deleterious substances and shall not contain more than 1000 parts per million of chlorides as CL nor more than 1000 parts per million of sulfates as SO4. Water from municipal supplies approved by the State Health Department will not require testing, but water from other sources will be sampled and tested before use in structural concrete. Tests shall be made in accordance with the "Method of Test for Quality of Water to be Used in Concrete" (AASHTO Method T26), except where such methods are in conflict with provisions of this specification. (3) Coarse Aggregate Coarse aggregate shall consist of durable particles of gravel, crushed blast furnace slag, crushed stone, or combinations thereof, free from frozen material or injurious amount of salt, alkali, vegetable matter, or other objectionable material either free or as an adherent coating; and its quality shall be reasonably uniform throughout. It shall not contain more than 0.25 percent by weight of clay lumps, nor more than 1.0 percent by weight of shale, nor more than 5 percent by weight of laminated and/or friable particles when tested in accordance with TxDOT Test Method Tex-413-A. It shall have a wear of not more than 40 percent when tested in accordance with TxDOT Test Method Tex-410-A. Unless otherwise specified on the plans, coarse aggregate will be subjected to five cycles of the soundness test in accordance with TxDOT Test Method Tex-411-A. The loss shall not be greater than 12 percent when sodium sulfate is used, or 18 percent when magnesium sulfate is used. Permissible sizes of aggregate shall be governed by Table 4 and Table 1, except that when exposed aggregate surfaces are required, coarse aggregate gradation will be as specified on the plans. When tested by approved methods, the coarse aggregate, including combinations of aggregates when used, shall conform to the grading requirements shown in Table 1. 030020 Page 2 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 TABLE 1 Coarse Aggregate Gradation Chart Percent Retained on Each Sieve Aggregate Nominal 2-�/z 2 1-�/z 1 3/4 1/2 3/8 Grade No. Size In. In. In. In. In. In. In. No. 4 No. 8 1 2 in. 0 0 to 15 60 to 95 to 20 to 80 100 50 2 (467)* 1-1/2 in. 0 0 30 to 70 95 to to 65 to 100 5 90 4 (57)* 1 in. 0 0 40 90 to 95 to to to 100 100 5 75 8 3/8 in. 0 0 to 35 to 90 to 5 80 100 *Numbers in parenthesis indicate conformance with ASTM C33. The aggregate shall be washed. The Loss by Decantation (TxDOT Test Method Tex-406-A) plus the allowable weight of clay lumps, shall not exceed one percent, or the value shown on the plans, whichever is smaller. (4) Fine Aggregate Fine aggregate shall consist of clean, hard, durable and uncoated particles of natural or manufactured sand or a combination thereof, with or without a mineral filler. It shall be free from frozen material or injurious amounts of salt, alkali, vegetable matter or other objectionable material and it shall not contain more than 0.5 percent by weight of clay lumps. When subjected to the color test for organic impurities (TxDOT Test Method Tex-408-A), it shall not show a color darker than standard. The fine aggregate shall produce a mortar having a tensile strength equal to or greater than that of Ottawa sand mortar when tested in accordance with TxDOT Test Method Tex-317-D. Where manufactured sand is used in lieu of natural sand for slab concrete subject to direct traffic, the acid insoluble residue of the fine aggregate shall be not less than 28 percent by weight when tested in accordance with TxDOT Test Method Tex-612-J. When tested by approved methods, the fine aggregate or combination of aggregates, including mineral filler, shall conform to the grading requirements shown in Table 2. 030020 Page 3 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 TABLE 2 Fine Aggregate Gradation Chart Percent Retained on Each Sieve Aggregate Grade No. 3/8 In. No. 4 No. 8 No. 16 No. 30 No. 50 No. 100 No. 200 1 0 0to5 0to20 15to50 35to75 70to90 90to100 97to100 NOTE 1: Where manufactured sand is used in lieu of natural sand, the percent retained on the No. 200 sieve shall be 94 to 100. NOTE 2: Where the sand equivalent value is greater than 85, the retainage on the No. 50 sieve may be 70 to 94 percent. Fine aggregate will be subjected to the Sand Equivalent Test (TxDOT Test Method Tex-203-F). The sand equivalent shall not be less than 80 nor less than the value shown on the plans,whichever is greater. For concrete Classes `A' and `C', the fineness modulus as defined below for fine aggregates shall be between 2.30 and 3.10. The fineness modulus will be determined by adding the percentages by weight retained on the following sieves, and dividing by 100; Nos. 4, 8, 16, 30, 50 and 100. (5) Mineral Filler Mineral filler shall consist of stone dust, clean crushed sand, or other approved inert material. (6) Mortar(Grout) Mortar for repair of concrete shall consist of 1 part cement, 2 parts finely graded sand, and enough water to make the mixture plastic. When required to prevent color difference, white cement shall be added to produce the color required. When required by the Engineer, latex adhesive shall be added to the mortar. (7) Admixtures Calcium Chloride will not be permitted. Unless otherwise noted, air-entraining, retarding and water-reducing admixtures may be used in all concrete and shall conform to the following requirements: A "water-reducing, retarding admixture" is defined as a material which, when added to a concrete mixture in the correct quantity, will reduce the quantity of mixing water required to produce concrete of a given consistency and will retard the initial set of the concrete. A "water-reducing admixture" is defined as a material which, when added to a concrete mixture in the correct quantity, will reduce the quantity of mixing water required to produce concrete of a 030020 Page 4 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 given consistency. (a) Retarding and Water-Reducing Admixtures. The admixture shall meet the requirements for Type A and Type D admixture as specified in ASTM Designation: C494, modified as follows: (1) The water-reducing retarder shall retard the initial set of the concrete a minimum of 2 hours and a maximum of 4 hours, at a specified dosage rate, at a temperature of 90T. (2) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (3) Unless otherwise noted on the plans,the minimum relative durability factor shall be 80. The air-entraining admixture used in the referenced and test concrete shall be neutralized Vinsol resin. (b) Air-Entraining Admixture. The admixture shall meet the requirements of ASTM Designation: C260, modified as follows: (1) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (2) Unless otherwise noted on the plans,the minimum relative durability factor shall be 80. The air-entraining admixture used in the referenced concrete shall be neutralized Vinsol resin. 3. STORAGE OF CEMENT All cement shall be stored in well-ventilated weatherproof buildings or approved bins, which will protect it from dampness or absorption of moisture. Storage facilities shall be ample, and each shipment of packaged cement shall be kept separated to provide easy access for identification and inspection. The Engineer may permit small quantities of sacked cement to be stored in the open for a maximum of 48 hours on a raised platform and under waterproof covering. 4. STORAGE OF AGGREGATE The method of handling and storing concrete aggregate shall prevent contamination with foreign materials. If the aggregates are stored on the ground, the sites for the stockpiles shall be clear of all vegetation and level. The bottom layer of aggregate shall not be disturbed or used without recleaning. 030020 Page 5 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 When conditions require the use of two or more sizes of aggregates, they shall be separated to prevent intermixing. Where space is limited, stockpiles shall be separated by physical barriers. Methods of handling aggregates during stockpiling and subsequent use shall be such that segregation will be minimized. Unless otherwise authorized by the Engineer, all aggregate shall be stockpiled at least 24 hours to reduce the free moisture content. 5. MEASUREMENT OF MATERIALS The measurement of the materials, except water, used in batches of concrete, shall be by weight. The fine aggregate, coarse aggregate and mineral filler shall be weighed separately. Where bulk cement is used, it shall be weighed separately, but batch weighing of sacked cement will not be required. Where sacked cement is used, the quantities of material per batch shall be based upon using full bags of cement. Batches involving the use of fractional bags will not be permitted. Allowance shall be made for the water content in the aggregates. Bags of cement varying more than 3 percent from the specified weight of 94 pounds may be rejected, and when the average weight per bag in any shipment, as determined by weighing 50 bags taken at random, is less than the net weight specified, the entire shipment may be rejected. If the shipment is accepted, the Engineer will adjust the concrete mix to a net weight per bag fixed by an average of all individual weights which are less than the average weight determined from the total number weighed. 6. CLASSIFICATION AND MIX DESIGN It shall be the responsibility of the Contractor to furnish the mix design, using a coarse aggregate factor acceptable to the Engineer, for the class(es) of concrete specified. The mix shall be designed by a qualified concrete technician to conform with the requirements contained herein and in accordance with the THD Bulletin C-11. The Contractor shall perform, at his own expense, the work required to substantiate the design, except the testing of strength specimens, which will be done by the Engineer. Complete concrete design data shall be submitted to the Engineer for approval. It shall also be the responsibility of the Contractor to determine and measure the batch quantity of each ingredient, including all water, so that the mix conforms to these specifications and any other requirements shown on the plans. Trial batches will be made and tested using all of the proposed ingredients prior to placing the concrete, and when the aggregate and/or brand of cement or admixture is changed. Trial batches shall be made in the mixer to be used on the job. When transit mix concrete is to be used, the trial designs will be made in a transit mixer representative of the mixers to be used. Batch size shall not be less than 50 percent of the rated mixing capacity of the truck. Mix designs from previous or concurrent jobs may be used without trial batches if it is shown that 030020 Page 6 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 no substantial change in any of the proposed ingredients has been made. The coarse aggregate factor shall not be more than 0.82, except that when the voids in the coarse aggregate exceed 48 percent of the total dry loose volume, the coarse aggregate factor shall not exceed 0.85. The coarse aggregate factor shall not be less than 0.70 for Grades 1, 2 and 3 aggregates. If the strength required for the class of concrete being produced is not secured with the cement specified in Table 4, the Contractor may use an approved water-reducing or retarding admixture, or he shall furnish aggregates with different characteristics which will produce the required results. Additional cement may be required or permitted as a temporary measure until the redesign is checked. Water-reducing or retarding agents may be used with all classes of concrete at the option of the Contractor. When water-reducing or retarding agents are used at the option of the Contractor,reduced dosage of the admixture will be permitted. Entrained air will be required in accordance with Table 4. The concrete shall be designed to entrain 5 percent air when Grade 2 coarse aggregate is used and 6 percent when Grade 3 coarse aggregate is used. Concrete as placed in the structure shall contain the proper amount as required above with a tolerance of plus or minus 1.5 percentage points. Occasional variations beyond this tolerance will not be cause for rejection. When the quantity of entrained air is found to be above 7 percent with Grade 2 coarse aggregate or above 8 percent for Grade 3 coarse aggregate, additional test beams or cylinders will be made. If these beams or cylinders pass the minimum flexural or compressive requirements,the concrete will not be rejected because of the variation in air content. 7. CONSISTENCY In cases where the consistency requirements cannot be satisfied without exceeding the maximum allowable amount of water, the Contractor may use, or the Engineer may require, an approved water-reducing or retarding agent, or the Contractor shall furnish additional aggregates or aggregates with different characteristics, which will produce the required results. Additional cement may be required or permitted as a temporary measure until aggregates are changed and designs checked with the different aggregates or admixture. The consistency of the concrete as placed should allow the completion of all finishing operations without the addition of water to the surface. When field conditions are such that additional moisture is needed for the final concrete surface finishing operation, the required water shall be applied to the surface by fog spray only, and shall be held to a minimum. The concrete shall be workable, cohesive, possess satisfactory finishing qualities, and of the stiffest consistency that can be placed and vibrated into a homogenous mass. Excessive bleeding shall be avoided. Slump requirements will be as specified in Table 3. 030020 Page 7 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 TABLE 3 Slump Requirements Concrete Desi_ng ation Desired Slump Max. Slump Structural Concrete: (1) Thin-Walled Sections(9" or less) 4 inches 5 inches (2) Slabs, Caps, Columns,Piers, Wall Sections over 9",etc. 3 inches 4 inches Underwater or Seal Concrete 5 inches 6 inches Riprap, Curb, Gutter and Other Miscellaneous Concrete 2.5 inches 4 inches NOTE: No concrete will be permitted with slump in excess of the maximums shown. 8. QUALITY OF CONCRETE General The concrete shall be uniform and workable. The cement content, maximum allowable water- cement ratio, the desired and maximum slump and the strength requirements of the various classes of concrete shall conform to the requirements of Table 3 and Table 4 and as required herein. During the process of the work, the Engineer or his designated representative will cast test cylinders or beams as a check on the compressive or flexural strength of the concrete actually placed. Test cylinders must be picked up by the testing lab within 24 hours. A test shall be defined as the average of the breaking strength of two cylinders or two beams, as the case may be. Specimens will be tested in accordance with TxDOT Test Methods Tex-418-A or Tex-420-A. Test beams or cylinders will be required as specified in the contract documents. For small placements on structures such as manholes, inlets, culverts, wingwalls, etc., the Engineer may vary the number of tests to a minimum of one for each 25 cubic yards placed over a several day period. All test specimens, beams or cylinders, representing tests for removal of forms and/or falsework shall be cured using the same methods, and under the same conditions as the concrete represented. "Design Strength" beams and cylinders shall be cured in accordance with THD Bulletin C-11. The Contractor shall provide and maintain curing facilities as described in THD Bulletin C-11 for the purpose of curing test specimens. Provision shall be made to maintain the water in the curing tank at temperatures between 70°F and 90°F. When control of concrete quality is by twenty-eight-day compressive tests, job control will be by seven-day compressive tests which are shown to provide the required twenty-eight-day strength, based on results from trial batches. If the required seven-day strength is not secured with the 030020 Page 8 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 cement specified in Table 4, changes in the batch design will be made. TABLE 4 Classes of Concrete Minimum Class Compressive Min. Beam Maximum Coarse of Sacks Cement Strength(fc) Strength Water-Cement Aggregate Concrete per C.Y. (min.) 28-Day(psi) 7-Day(psi) Ratio (gal/sack) No. A* 5.0 3000 500*** 6.5 2-4-8**** B* 4.5 2500 417 8.0 2-4-8**** C* 6.0 3600 600*** 6.0 1-2-4** D 6.0 3000 500 7.0 2-4 S 6.5 4000 570 5.0 2-4 *Entrained Air(slabs,piers and bent concrete). **Grade 1 Coarse Aggregate may be used in foundation only(except cased drilled shafts). ***When Type H Cement is used with Class C Concrete, the 7-day beam break requirement will be 550 psi; with Class A Concrete,the minimum 7-day beam break requirement will be 460 psi. ****Permission to use Grade 8 Aggregate must have prior approval of the Engineer. 9. MIXING CONDITIONS The concrete shall be mixed in quantities required for immediate use. Any concrete which is not in place within the limits outlined in City Standard Specification Section 038000 "Concrete Structures", Article "Placing Concrete-General", shall not be used. Retamping of concrete will not be permitted. In threatening weather, which may result in conditions that will adversely affect the quality of the concrete to be placed, the Engineer may order postponement of the work. Where work has been started and changes in weather conditions require protective measures, the Contractor shall furnish adequate shelter to protect the concrete against damage from rainfall, or from freezing temperatures. If necessary to continue operations during rainfall, the Contractor shall also provide protective coverings for the material stockpiles. Aggregate stockpiles need be covered only to the extent necessary to control the moisture conditions in the aggregates to adequately control the consistency of the concrete. 10. MIXING AND MIXING EQUIPMENT All equipment, tools, and machinery used for hauling materials and performing any part of the work shall be maintained in such condition to insure completion of the work underway without excessive delays for repairs or replacements. The mixing shall be done in a batch mixer of approved type and size that will produce uniform 030020 Page 9 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 distribution of the material throughout the mass. Mixers may be either the revolving drum type or the revolving blade type, and shall be capable of producing concrete meeting the requirements of these specifications. After all the ingredients are assembled in the drum,the mixing shall continue not less than 1 minute for mixers of one cubic yard or less capacity plus 15 seconds for each additional cubic yard or portion thereof. The mixer shall operate at the speed and capacity designated by the Mixer Manufacturers Bureau of the Associated General Contractors of America. The mixer shall have a plate affixed showing the manufacturer's recommended operating data. The absolute volume of the concrete batch shall not exceed the rated capacity of the mixer. The entire contents of the drum shall be discharged before any materials are placed therein for the succeeding batch. The first batch of concrete materials placed in the mixer for each placement shall contain an extra quantity of sand, cement and water sufficient to coat the inside surface of the drum. Upon the cessation of mixing for any considerable length of time, the mixer shall be thoroughly cleaned. The concrete mixer shall be equipped with an automatic timing device which is put into operation when the skip is raised to its full height and dumping. This device shall lock the discharging mechanism and prevent emptying of the mixer until all the materials have been mixed together for the minimum time required, and it shall ring a bell after the specified time of mixing has elapsed. The water tank shall be arranged so that the amount of water can be measured accurately, and when the tank starts to discharge,the inlet supply shall cut off automatically. Whenever a concrete mixer is not adequate or suitable for the work, it shall be removed from the site upon a written order from the Engineer and a suitable mixer provided by the Contractor. Pick-up and thro-over blades in the drum of the mixer which are worn down more than 10 percent in depth shall be repaired or replaced with new blades. Improperly mixed concrete shall not be placed in the structure. Job mix concrete shall be concrete mixed in an approved batch mixer in accordance with the requirements stated above, adjacent to the structure for which the concrete is being mixed, and moved to the placement site in non-agitating equipment. 11. READY-MIX PLANTS A. General. It shall be the Contractor's responsibility to furnish concrete meeting all requirement of the governing specification sections, and concrete not meeting the slump, workability and consistency requirements of the governing specification sections shall not 030020 Page 10 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 be placed in the structure or pavement. Ready-Mixed Concrete shall be mixed and delivered by means of one of the following approved methods. (1) Mixed completely in a stationary mixer and transported to the point of delivery in a truck agitator or a truck mixer operating at truck agitator or truck mixer agitation speed. (Central-Mix Concrete) (2) Mixed complete in a truck mixer and transported to the placement site at mixing and/or agitating speed (Transit-Mix Concrete), subject to the following provisions: (a) Truck mixers will be permitted to transport concrete to the job site at mixing speed if equipped with double actuated counters which will separate revolutions at mixing speed from total revolutions. (b) Truck mixers equipped with a single actuated counter counting total revolutions of the drum shall mix the concrete at the plant not less than 50 nor more than 70 revolutions at mixing speed, transport it to the job site at agitating speed and complete the required mixing before placing the concrete. (3) Mixed completely in a stationery mixer and transported to the job site in approved non-agitating trucks with special bodies. This method of transporting will be permitted for concrete pavement only. B. Equipment. (1) Batching _Plant. ThPlant. The batching plant shall be provided with adequate bins for batching all aggregates and materials required by the specifications. Bulk cement shall be weighed on a scale separate from those used for other materials and in a hopper entirely free and independent of that used for weighing the aggregates. (2) Mixers and Agitators. _ (a) General: Mixers shall be of an approved stationary or truck-type capable of combining the ingredients into a thoroughly mixed and uniform mass. Facilities shall be provided to permit ready access to the inside of the drum for inspection, cleaning and repair of blades. Mixers and agitators shall be subject to daily examination for changes in condition due to accumulation of hardened concrete and/or wear of blades, and any hardened concrete shall be removed before the mixer will be permitted to be used. Worn blades shall be repaired or replaced with new in 030020 Page 11 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 accordance with the manufacturer's design and arrangement for that particular unit when any part or section is worn as much as 10 percent below the original height of the manufacturer's design. (b) Stationary Mixers: These shall conform to the requirements of Article "Mixing and Mixing Equipment". Truck mixers mounted on a stationary base will not be considered as a stationary mixer. (c) Truck Mixers: In addition, truck mixers shall comply with the following requirements: An engine in satisfactory working condition and capable of accurately gauging the desired speed of rotation shall be mounted as an integral part of the mixing unit for the purpose of rotating the drum. Truck mixers equipped with a transmission that will govern the speed of the drum within the specified revolutions per minute (rpm)will not require a separate engine. All truck mixers shall be equipped with actuated counters by which the proper number of revolutions of the drum, as specified in Article 11. A. above, may be readily verified. The counters shall be read and recorded at the start of mixing at mixing speeds. Each until shall have adequate water supply and accurate metering or gauging devices for measuring the amount used. (d) Agitators: Concrete agitators shall be of the truck type, capable of maintaining a thoroughly mixed and uniform concrete mass and discharging it within the same degree of uniformity specified for mixers. Agitators shall comply with all of the requirements for truck mixers, except for the actual mixing requirements. C. Operation of Plant and Equipment. Delivery of ready-mixed concrete shall equal or exceed the rate approved by the Engineer for continuous placement. In all cases, the delivery of concrete to the placement site shall assure compliance with the time limits in the applicable specification for depositing successive batches in any monolithic unit. The Contractor shall satisfy the Engineer that adequate standby trucks are available. A standard ticket system will be used for recording concrete batching, mixing and delivery date. Tickets will be delivered to the job inspector. Loads arriving without ticket and/or in unsatisfactory condition shall not be used. When a stationary mixer is used for the entire mixing operation, the mixing time for one cubic yard of concrete shall be one minute plus 15 seconds for each additional cubic yard or portion thereof. This mixing time shall start when all cement, aggregates and initial water have entered the drum. 030020 Page 12 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 The mixer shall be charged so that some of the mixing water will enter the drum in advance of the cement and aggregate. All of the mixing water shall be in the drum by the end of the first one- fourth of the specified mixing time. Water used to flush down the blades after charging shall be accurately measured and included in the quantity of mixing water. The introduction of the initial mixing water, except blade wash down water and that permitted in this Article, shall be prior to or simultaneous with the charging of the aggregates and cement. The loading of truck mixers shall not exceed 63 percent of the total volume of the drum. When used as an agitator only,the loading shall not exceed 80 percent of the drum volume. When Ready-Mix Concrete is used, additional mortar (one sack cement, three parts sand and sufficient water) shall be added to the batch to coat the drum of the mixer or agitator truck, and this shall be required for every load of Class C concrete only and for the first batch from central mix plants. A portion of the mixing water, required by the batch design to produce the desired slump, may be withheld and added at the job site, but only with permission of the Engineer and under his supervision. When water is added under the above conditions, it shall be thoroughly mixed as specified below for water added at the job site. Mixing speed shall be attained as soon as all ingredients are in the mixer, and each complete batch (containing all the required ingredients) shall be mixed not less than 70 nor more than 100 revolutions of the drum at mixing speed except that when water is added at the job site, 25 revolutions (minimum) at mixing speed will be required to uniformly disperse the additional water throughout the mix. Mixing speed shall be as designated by the manufacturer. All revolutions after the prescribed mixing time shall be at agitating speed. The agitating speed shall be not less than one (1) nor more than five (5) rpm. The drum shall be kept in continuous motion from the time mixing is started until the discharge is completed. 12. PLACING, CURING AND FMSHING The placing of concrete, including construction of forms and falsework, curing and finishing, shall be in accordance with City Standard Specification Section 038000 "Concrete Structures". 13. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, the quantities of concrete of the various classifications which will constitute the completed and accepted structure(s) in-place will be measured by the cubic yard, per each, square foot, square yard or linear foot, as the case may be. Measurement will be as shown on the drawings and/or in the Bid Form. Payment shall be full compensation for furnishing, hauling, mixing, placing, curing and finishing all concrete; all grouting and pointing; furnishing and placing drains; furnishing and placing metal flashing strips; furnishing and placing expansion joint material required by this specification or shown on the plans; and for all forms and falsework, labor, tools, equipment and incidentals necessary to complete the work. 030020 Page 13 of 13 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 032020 REINFORCING STEEL 1. DESCRIPTION This specification shall govern the furnishing and placing of reinforcing steel, deformed and smooth, of the size and quantity designated on the plans and in accordance with these specifications. 2. MATERIALS Unless otherwise designated on the plans, all bar reinforcement shall be deformed, and shall conform to ASTM Designation: A 615, Grades 60 or 75, and shall be open hearth, basic oxygen, or electric furnace new billet steel. Large diameter new billet steel(Nos. 14 and 18), Grade 75,will be permitted for straight bars only. Where bending of bar sizes No. 14 or No. 18 of Grade 60 is required, bend testing shall be performed on representative specimens as described for smaller bars in the applicable ASTM Specification. The required bend shall be 90 degrees around a pin having a diameter of 10 times the nominal diameter of the bar. Spiral reinforcement shall be smooth (not deformed) bars or wire of the minimum diameter shown on the plans, and shall be made by one or more of the following processes: open hearth, basic oxygen, or electric furnace. Bars shall be rolled from billets reduced from ingots and shall comply with ASTM Designation: A 306, Grade 65 minimum (references to ASTM Designation: A 29 is voided). Dimensional tolerances shall be in accordance with ASTM Designation: A 615, or ASTM Designation: A 615, Grade 60, except for deformations. Wire shall be cold-drawn from rods that have been hot-rolled from billets and shall comply with ASTM Designation: A 185. In cases where the provisions of this specification are in conflict with the provisions of the ASTM Designation to which reference is made,the provisions of this specification shall govern. Report of chemical analysis showing the percentages of carbon, manganese, phosphorus and sulphur will be required for all reinforcing steel when it is to be welded. 032020 Page 1 of 6 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 The nominal size and area and the theoretical weight of reinforcing steel bars covered by this specification are as follows: Nominal Weight per Bar Size Diameter, Nominal Area, Linear Foot, Number In. Sq. In. Pounds 2 0.250 0.05 0.167 3 0.375 0.11 0.376 4 0.500 0.20 0.668 5 0.625 0.31 1.043 6 0.750 0.44 1.502 7 0.875 0.60 2.044 8 1.000 0.79 2.670 9 1.128 1.00 3.400 10 1.270 1.27 4.303 11 1.410 1.56 5.313 14 1.693 2.25 7.6 18 2.257 4.00 13.60 Smooth round bars shall be designated by size number through No. 4. Smooth bars larger than No. 4 shall be designated by diameter in inches. When wire is ordered by gauge numbers, the following relation between gauge number and diameter, in inches, shall apply unless otherwise specified: Equivalent Equivalent Gauge Diameter, Gauge Diameter, Number Inches Number Inches 0 0.3065 8 0.1620 1 0.2830 9 0.1483 2 0.2625 10 0.1350 3 0.2437 11 0.1205 4 0.2253 12 0.1055 5 0.2070 13 0.0915 6 0.1920 14 0.0800 7 0.1770 032020 Page 2 of 6 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3. BENDING The reinforcement shall be bent cold, true to the shapes indicated on the plans. Bending shall preferably be done in the shop. Irregularities in bending shall be cause for rejection. Unless otherwise shown on the plans, the inside diameter of bar bends, in terms of the nominal bar diameter(d), shall be as follows: Bends of 90 degrees and greater in stirrups, ties and other secondary bars that enclose another bar in the bend: Grade 60 93, #4, #5 4d 96, #7, #8 5d All bends in main bars and in secondary bars not covered above: Grade 60 Grade 75 93 thru 98 6d -- #9, #10 8d -- 911 8d 8d 914, 918 10d -- 032020 Page 3 of 6 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 4. TOLERANCES Fabricating tolerances for bars shall be within 3 percent of specified or as follows: Plan Dien. a 3/4" 7/8" Bar or Smaller--Pfaxn. Dimon. Bair s 1/2� 1** Baor Larger --P+an_ D+men. ; 1` s 3/ H= over 6`.--a�mere.+ Zero or -+/Z N = G" and less-{3iensn. • Zero or -#/4•• =D CL H i1 7/8- Bar or Smolier--Edon Dimon. = 1/2' _ f r 1" Bar or Largor—Plan Dimon. ; 1 Piro$ or Circular Tis Tie or st&"p Plan Oimen.31 Plan Dias—=1/2 5. STORING Steel reinforcement shall be stored above the surface of the ground upon platforms, skids or other supports, and shall be protected as far as practicable from mechanical injury and surface deterioration caused by exposure to conditions producing rust. When placed in the work, reinforcement shall be free from dirt, paint, grease, oil, or other foreign materials. Reinforcement shall be free from injurious defects such as cracks and laminations. Rust, surface seams, surface irregularities or mill scale will not be cause for rejection,provided the minimum dimensions, cross- sectional area and tensile properties of a hand wire crushed specimen meets the physical requirements for size and grade of steel specified. 6. SPLICES No splicing of bars, except when provided on the plans or specified herein, will be permitted without written approval of the Engineer. Splices will not be permitted in main reinforcement at points of maximum stress. When permitted in main bars, splices in adjacent bars shall be staggered a minimum of two splice lengths. 032020 Page 4 of 6 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 TABLE 1 Minimum Lap Requirements Lap Uncoated Coated Lap in inches > 40d 60d Where: d=bar diameter in inches Welding of reinforcing bars may be used only where shown on the plans or as permitted herein. All welding operations, processes, equipment, materials, workmanship and inspection shall conform to the requirements of the drawings and industry standards. All splices shall be of such dimension and character as to develop the full strength of bar being spliced. End preparation for butt welding reinforcing bars shall be done in the field. Delivered bars shall be of sufficient length to permit this practice. For box culvert extensions with less than one foot of fill, the existing longitudinal bars shall have a 20-diameter lap with the new bars. For box culvert extensions with more than one foot of fill, a minimum of 6 inches lap will be required. Unless otherwise shown on the plans, dowel bars transferring tensile stresses shall have a minimum embedment equal to the minimum lap requirements shown in Table 1. Shear transfer dowels shall have a minimum embedment of 12 inches. 7. PLACING Reinforcement shall be placed as near as possible in the position shown on the plans. Unless otherwise shown on the plans, dimensions shown for reinforcement are to the centers of the bars. In the plane of the steel parallel to the nearest surface of concrete, bars shall not vary from plan placement by more than one-twelfth of the spacing between bars. In the plane of the steel perpendicular to the nearest surface of concrete, bars shall not vary from plan placement by more than one-quarter inch. Cover of concrete to the nearest surface of steel shall meet the above requirements but shall never be less than one inch or as otherwise shown on the plans. Vertical stirrups shall always pass around the main tension members and be attached securely thereto. The reinforcing steel shall be spaced its required distance from the form surface by means of approved galvanized metal spacers, metal spacers with plastic coated tips, stainless steel spacers, plastic spacers, or approved pre-cast mortar or concrete blocks. For approval of plastic spacers on the project, representative samples of the plastic shall show no visible indications of deterioration after immersion in a 5 percent solution of sodium hydroxide for 120 hours. All reinforcing steel shall be tied at all intersections, except that where spacing is less than one foot in each direction, alternate intersections only need be tied. Before any concrete is placed, all mortar shall be cleaned from the reinforcement. Precast mortar or concrete blocks to be used for holding steel in position adjacent to formed surfaces shall be cast in molds meeting the approval of the Engineer and shall be cured by covering with wet burlap or 032020 Page 5 of 6 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 cotton mats for a period of 72 hours. The blocks shall be cast in the form of a frustum of a cone or pyramid with the smaller face placed against the forms. A suitable tie wire shall be provided in each block, to be used for anchoring to the steel. Except in unusual cases, and when specifically otherwise authorized by the Engineer,the size of the surface to be placed adjacent to the forms shall not exceed two and one-half inches square or the equivalent thereof in cases where circular or rectangular areas are provided. Blocks shall be cast accurately to the thickness required, and the surface to be placed adjacent to the forms shall be a true plane free of surface imperfections. Reinforcement shall be supported and tied in such manner that a sufficiently rigid case of steel is provided. If the cage is not adequately supported to resist settlement or floating upward of the steel, overturning of truss bars or movement in any direction during concrete placement, permission to continue concrete placement will be withheld until corrective measures are taken. Sufficient measurements shall be made during concrete placement to insure compliance with the first paragraph of Article 7 of this specification. Mats of wire fabric shall overlap each other sufficiently to maintain a uniform strength and shall be fastened securely at the ends and edges. No concrete shall be deposited until the Engineer has inspected the placement of the reinforcing steel and given permission to proceed. 8. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, reinforcing steel is considered subsidiary to the various items shown in the Bid Form and shall not be measured and paid for as a separate item. 032020 Page 6 of 6 Rev.10-30-2014 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 038000 CONCRETE STRUCTURES 1. DESCRIPTION This specification shall govern for construction of all types of structures involving the use of structural concrete, except where the requirements are waived or revised by other governing specifications. All concrete structures shall be constructed in accordance with the design requirements and details shown on the plans; in conformity with the pertinent provisions of the items contracted for; the incidental specifications referred to; and in conformity with the requirements herein. 2. MATERIALS (1) Concrete. All concrete shall conform to the provisions of City Standard Specification Section 030020 "Portland Cement Concrete". The class of concrete for each type of structure or unit shall be as specified on the plans or by pertinent governing specifications. (2) Expansion Joint Material. (a) Preformed Fiber Material. Preformed fiber expansion joint material shall be of the dimensions shown on the plans. The material shall be one of the following types, unless otherwise noted on the plans: 1. Preformed Bituminous Fiber Materials shall meet the requirements of ASTM Designation: D1751 "Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non-extruding and Resilient Bituminous Types)". 2. Preformed Non-Bituminous Fiber Material shall meet the requirements of ASTM Designation: D1751 "Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non-extruding and Resilient Bituminous Types)",except that the requirements pertaining to bitumen content, density and water absorption shall be voided. 3. Redwood. (b) Joint Sealing Materials. Unless otherwise shown on the drawings, joint sealing material shall conform to the following requirements. The material shall adhere to the sides of the concrete joint or crack and shall form an effective seal against infiltration of water and incompressibles. The material shall not crack or break when exposed to low temperatures. 038000 Page 1 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 1. Class 1-a. (Two-Component, Synthetic Polymer,Cold-Extruded Type). Curing is to be by polymerization and not by evaporation of solvent or fluxing of harder particles. This type is specifically designed for vertical or sloping joints and hence not self-leveling. It shall cure sufficiently at an average temperature of 77 degrees F ± 3 degrees F in a maximum of 24 hours. For performance requirements see under 2.(2)(b)2. below. 2. Class 1-b. (Two-Component, Synthetic Polymer,Cold-Pourable, Self-Leveling Type). Curing is to be by polymerization and not by evaporation of solvent or fluxing of harder particles. It shall cure sufficiently at an average temperature of 77 degrees F ± 3 degrees F in a maximum of 3 hours. Performance Requirements: Class 1-a and Class 1-b joint materials,when tested in accordance with TxDOT Test Method Tex-525-C,shall meet the above curing times and the following requirements: It shall be of such consistency that it can be mixed and poured, or mixed and extruded into joints at temperatures above 60 degrees F. Penetration, 77°F.: 150 gm. cone, 5 sec., max., cm.................. 0.90 Bond and Extension 75%, O°F, 5 cycles: Dry Concrete Blocks............................ Pass Wet Concrete Blocks............................ Pass Steel Blocks...(Primed if specified by manuf.). Pass Flow at 200°F................................. None Water Content%by weight, max................. 5.0 Resilience: Original sample min. % (cured)................. 50 Oven aged at 158°F min. % .................... 50 For Class 1-a Material Only: Cold Flow(10 min.)............................ None (c) Asphalt Board. Asphalt Board shall consist of two liners of 0.016-inch asphalt impregnated paper,filled with a mastic mixture of asphalt and vegetable fiber and/or mineral filler. Boards shall be smooth,flat and sufficiently rigid to permit installation. When tested in accordance with TxDOT Test Method Tex-524-C,the asphalt board shall not deflect from the horizontal more than one inch in three and one-half inches (1" in 31/2"). (d) Rebonded Neoprene Filler. Rebonded neoprene filler shall consist of ground closed- cell neoprene particles, rebonded and molded into sheets of uniform thickness, of the dimensions shown on plans. Filler material shall have the following physical properties and shall meet the requirements of ASTM Designation: D 1752"Standard Specification for Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction", Type 1, where applicable: 038000 Page 2 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 PROPERTY METHOD REQUIREMENT Color ASTM D1752, Type 1 Black Density ASTM D1752, Type 1 40 lb./ft' Min. Recovery ASTM D1752, Type 1 90% Min. Compression ASTM D1752, Type 1 50 to 500 psi Extrusion ASTM D1752, Type 1 0.25 inch Max. Tensile Strength ASTM D1752, Type 1 20 psi Min. Elongation 75% Min. The manufacturers shall furnish the Engineer with certified test results as to compliance with the above requirements and a 12 inch x 12 inch x 1 inch sample from the shipment for approval. (3) Curing Materials. (a) Membrane curing materials shall comply with ASTM Designation: C 309 "Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete",Type 1 clear or translucent, or Type 2 white-pigmented. The material shall have a minimum flash-point of 80 degrees F when tested by the "Pensky-Martin Closed Cup Method". It shall be of such consistency that it can be satisfactorily applied as a fine mist through an atomizing nozzle by means of approved pressure spraying equipment at atmospheric temperatures above 40 degrees F. It shall be of such nature that it will not produce permanent discoloration of concrete surfaces nor react deleteriously with the concrete or its components. Type 1 compound shall contain a fugitive dye that will be distinctly visible not less than 4 hours nor more than 7 days after application. The compound shall produce a firm,continuous,uniform moisture impermeable film free from pinholes and shall adhere satisfactorily to the surfaces of damp concrete. It shall,when applied to the damp concrete surface at the rate of coverage specified herein,be dry to the touch in not more than 4 hours, and shall adhere in a tenacious film without running off or appreciable sagging. It shall not disintegrate, check,peel or crack during the required curing period. The compound shall not peel or pick up under traffic and shall disappear from the surface of the concrete by gradual disintegration. The compound shall be delivered to the job only in the manufacturer's original containers, which shall be clearly labeled with the manufacturer's name, the trade name of the material, and a batch number or symbol with which test samples may be correlated. The water retention test shall be in accordance with TxDOT Test Method Tex-219-F. Percentage loss shall be defined as the water lost after the application of the curing material was applied. The permissible percentage moisture loss (at the rate of coverage specified herein) shall not exceed the 038000 Page 3 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 following: 24 hours after application............2 percent 72 hours after application............4 percent Type 1 (Resin Base Only)curing compound will be permitted for slab concrete in bridge decks and top slabs of direct traffic culverts. (b) Mat curing of concrete is allowed where permitted by Table 1 in this specification or where otherwise approved by the Engineer. 3. EXPANSION JOINTS Joints and devices to provide for expansion and contraction shall be constructed where and as indicated herein or on the plans. All open j oints and j oints to be filled with expansion j oint material,shall be constructed using forms adaptable to loosening or early removal. To avoid expansion or contraction damage to the adjacent concrete, these forms shall be loosened as soon as possible after final concrete set to permit free movement without requiring full form removal. Prior to placing the sealing material, the vertical facing the joint shall be cleaned of all laitance by sandblasting or by mechanical routing. Cracked or spalled edges shall be repaired. The joint shall be blown clean of all foreign material and sealed. Where preformed fiber j oint material is used,it shall be anchored to the concrete on one side of the joint by light wire or nails, to prevent the material from falling out. The top one inch (1") of the joint shall be filled with joint sealing material. Finished joints shall conform to the indicated outline with the concrete sections completely separated by the specified opening or joint material. Soon after form removal and again where necessary after surface finishing, all projecting concrete shall be removed along exposed edges to secure full effectiveness of the expansion joints. 4. CONSTRUCTION JOINTS The j oint formed by placing plastic concrete in direct contact with concrete that has attained its initial set shall be deemed a construction joint. The term "monolithic placement" shall be interpreted to mean at the manner and sequence of concrete placing shall not create construction joints. Construction joints shall be of the type and at the locations shown on the plans. Additional joints will not be permitted without written authorization from the Engineer, and when authorized, shall have details equivalent to those shown on the plans for joints in similar locations. Unless otherwise provided, construction joints shall be square and normal to the forms. Bulkheads shall be provided in the forms for all joints, except when horizontal. Construction joints requiring the use of joint sealing material shall be as detailed on the plans. The 038000 Page 4 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 material will be specified on the plans without referenced to joint type. A concrete placement terminating at a horizontal construction joint shall have the top surface roughened thoroughly as soon as practicable after initial set is attained. The surfaces at bulkheads shall be roughened as soon as the forms are removed. The hardened concrete surface shall be thoroughly cleaned of all loose material, laitance, dirt or foreign material, and saturated with water so it is moist when placing fresh concrete against it. Forms shall be drawn tight against the placing of the fresh concrete. 5. FORMS (1) General. Except where otherwise specified, forms may be of either timber or metal. Forms for round columns exposed to view shall be of steel, except that other materials will be allowed with written permission of the Engineer. Forming plans shall be submitted to the Engineer for approval as specified. Forms shall be designed for the pressure exerted by a liquid weighing 150 pounds per cubic foot. The rate of placing the concrete shall betaken into consideration in determining the depth of the equivalent liquid. For job fabricated forms,an additional live load of 50 pounds per square foot shall be allowed on horizontal surfaces. The maximum unit stresses shall not exceed 125 percent of the allowable stresses used by the Texas Department of Transportation for the design of structures. Commercially produced structural units used in formwork shall not exceed the manufacturer's maximum allowable working load for moment,shear or end reaction. The maximum working load shall include a live load of 35 pounds per square foot of horizontal form surface, and sufficient details and data shall be submitted for use in checking formwork details for approval. Forms shall be practically mortar-tight,rigidly braced and strong enough to prevent bulging between supports, and maintained to the proper line and grade during concrete placement. Forms shall be maintained in a manner that will prevent warping and shrinkage. Offset at form joints shall not exceed one-sixteenth of an inch (1/16"). Deflections due to cast-in-place slab concrete and railing shown in the dead load deflection diagram shall be taken into account in the setting of slab forms. All forms and footing areas shall be cleaned of any extraneous matter before placing concrete. Permission to place concrete will not be given until all such work is completed to the satisfaction of the Engineer. If, at any stage of the work,the forms show signs of bulging or sagging,the portion of the concrete causing such condition shall be removed immediately,if necessary, and the forms shall be reset and securely braced against further movement. 038000 Page 5 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 (2) Timber Forms. Lumber for forms shall be properly seasoned, of good quality, and free from imperfections which would affect its strength or impair the finished surface of the concrete. The lumber used for facing or sheathing shall be finished on at least one side and two edges and shall be sized to uniform thickness. Form lining will be required for all formed surfaces, except for the inside of culvert barrels, inlets and manholes; surfaces that are subsequently covered by backfill material or are completely enclosed; and, any surface formed by a single finished board. Lining will not be required when plywood forms are used. Form lining shall be of an approved type such as Masonite or plywood. Thin membrane sheeting, such as polyethylene sheets, shall not be used for form lining. Forms may be constructed of plywood not less than one-half inch in thickness,with no form lining required. The grain of the face plies on plywood forms shall be placed parallel to the span between the supporting studs or joists. Plywood used for forming surfaces that remain exposed shall be equal to that specified as B-B Plyform Class I or Class II Exterior, of the U. S. Department of Commerce, National Bureau of Standards and Technology, latest edition. Forms or form lumber to be reused shall be maintained clean and in good condition. Any lumber which is split, warped, bulged, marred, or has defects that will produce inferior work, shall not be used and, if condemned, shall be promptly removed from the work. Studs and joists shall be spaced so that the facing form material remains in true alignment under the imposed loads. Wales shall be spaced close enough to hold forms securely to the designated lines and scabbed at least 4 feet on each side of joints to provide continuity. A row of wales shall be placed near the bottom of each placement. Facing material shall be placed with parallel and square joints and securely fastened to supporting studs. Forms for surfaces receiving only an ordinary finish and exposed to view shall be placed with the form panels symmetrical, i.e., long dimensions set in the same direction. Horizontal joints shall be continuous. Molding specified for chamfer strips or other uses shall be made of materials of a grade that will not split when nailed and which can be maintained to a true line without warping. Wood molding shall be mill cut and dressed on all faces. Unless otherwise provided, forms shall be filleted at all sharp corners and edges with triangular chamfer strips measuring three-quarter inch (3/4") on the sides. Forms for railing and ornamental work shall be constructed to standards equivalent to first-class millwork. All moldings,panel work and bevel strips shall be straight and true with nearly mitered joints designed so the finished work is true, sharp and clean cut. 038000 Page 6 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 All forms shall be constructed to permit their removal without marring or damaging the concrete. The forms may be given a slight draft to permit ease of removal. Metal form ties of an approved type or a satisfactory substitute shall be used to hold forms in place and shall be of a type that permits ease of removal of the metal as hereinafter specified. All metal appliances used inside of forms for alignment purposes shall be removed to a depth of at least one-half inch (1/2") from the concrete surface. They shall be made so the metal may be removed without undue chipping or spalling,and when removed,shall leave a smooth opening in the concrete surface. Burning off of rods, bolts or ties will not be permitted. Any wire ties used shall be cut back at least one-half inch (1/2") from the face of the concrete. Devices holding metal ties in place shall be capable of developing the strength of the tie and adjustable to allow for proper alignment. Metal and wooden spreaders which are separate from the forms shall be removed entirely as the concrete is being placed. Adequate clean-out openings shall be proved for narrow walls and other locations where access to the bottom of the forms is not readily attainable. Prior to placing concrete, the facing of all forms shall be treated with oil or other bond breaking coating of such composition that it will not discolor or otherwise injuriously affect the concrete surface. Care shall be exercised to prevent coating of the reinforcing steel. (3) Metal Forms. The foregoing requirements for timber forms regarding design,mortar-tightness, filleted corners,beveled projections,bracing,alignment,removal,reuse and wetting shall also apply to metal forms, except that these will not require lining, unless specifically noted on the plans. The thickness of form metal shall be as required to maintain the true shape without warping or bulging. All bolt and rivet heads on the facing sides shall be countersunk. Clamps,pins or other connecting devices shall be designed to hold the forms rigidly together and to allow removal without injury to the concrete. Metal forms which do not present a smooth surface or line up properly shall not be used. Metal shall be kept free from rust, grease or other foreign materials. 6. PLACING REINFORCEMENT Reinforcement in concrete structures shall be placed carefully and accurately and rigidly supported as provided in the City Standard Specification Section 032020 "Reinforcing Steel". Reinforcing steel supports shall not be welded to I-beams or girders. 7. PLACING CONCRETE-GENERAL The minimum temperature of all concrete at the time of placement shall be not less than 50 degrees F. 038000 Page 7 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 The consistency of the concrete as placed should allow the completion of all finishing operations without the addition of water to the surface. When conditions are such that additional moisture is needed for finishing,the required water shall be applied to the surface by fog spray only,and shall be held to a minimum amount. Fog spray for this purpose may be applied with hand operated fogging equipment. The maximum time interval between the addition of cement to the batch and the placing of concrete in the forms shall not exceed the following: Air or Concrete Temperature Maximum Time Non-Agitated Concrete: Above 80 degrees F 15 minutes Up to 80 degrees F 30 minutes Agitated Concrete: Above 90 degrees F 45 minutes 75 degrees F to 90 degrees F 60 minutes 35 degrees F to 74 degrees F 90 minutes The use of an approved retarding agent in the concrete will permit the extension of each of the above temperature-time maximums by 30 minutes for direct traffic culverts, and one hour for all other concrete except that the maximum time shall not exceed 30 minutes for non-agitated concrete. Before starting work,the Contractor shall inform the Engineer fully of the construction methods he proposes to use, the adequacy of which shall be subject to the approval of the Engineer. The Contractor shall give the Engineer sufficient advance notice before placing concrete in any unit of the structure to permit the inspection of forms,reinforcing steel placement,and other preparations. Concrete shall not be placed in any unit prior to the completion of formwork and placement of reinforcement therein. Concrete mixing, placing and finishing shall be done during daylight hours, unless adequate provisions are made to light the entire site of all operations. Concrete placement will not be permitted when impending weather conditions will impair the quality of the finished work. If rainfall should occur after placing operations are started,the Contractor shall provide ample covering to protect the work. In case of drop in temperature,the provisions set forth in Article "Placing Concrete in Cold Weather" of this specification shall be applied. The placing of concrete shall be regulated so the pressures caused by the plastic concrete shall not exceed the loads used in form design. 038000 Page 8 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 The method of handling, placing and consolidation of concrete shall minimize segregation and displacement of the reinforcement, and produce a uniformly dense and compact mass. Concrete shall not have a free fall of more than 5 feet,except in the case of thin walls such as in culverts. Any hardened concrete spatter ahead of the plastic concrete shall be removed. The method and equipment used to transport concrete to the forms shall be capable of maintaining the rate of placement approved by the Engineer. Concrete may be transported by buckets, chutes, buggies, belt conveyors,pumps or other acceptable methods. When belt conveyors or pumps are used, sampling for testing will be done at the discharge end. Concrete transported by conveyors shall be protected from sun and wind,if necessary,to prevent loss of slump and workability. Pipes through which concrete is pumped shall be shaded and/or wrapped with wet burlap, if necessary, to prevent loss of slump and workability. Concrete shall not be transported through aluminum pipes, tubes or other aluminum equipment. Chutes,troughs, conveyors or pipes shall be arranged and used so that the concrete ingredients will not be separated. When steep slopes are necessary,the chutes shall be equipped with baffle boards or made in short lengths that reverse the direction of movement, or the chute ends shall terminate in vertical downspouts. Open troughs and chutes shall extend, if necessary, down inside the forms or through holes left in them. All transporting equipment shall be kept clean and free from hardened concrete coatings. Water used for cleaning shall be discharged clear of the concrete. Each part of the forms shall be filled by depositing concrete as near its final position as possible. The coarse aggregate shall be worked back from the face and the concrete forced under and around the reinforcement bars without displacing them. Depositing large quantities at one point and running or working it along the forms will not be allowed. Concrete shall be deposited in the forms in layers of suitable depth but not more than 36 inches in thickness, unless otherwise directed by the Engineer. The sequence of successive layers or adjacent portions of concrete shall be such that they can be vibrated into a homogenous mass with the previously placed concrete without a cold j oint. Not more than one hour shall elapse between adjacent or successive placements of concrete. Unauthorized construction joints shall be avoided by placing all concrete between the authorized joints in one continuous operation. An approved retarding agent shall be used to control stress cracks and/or unauthorized cold j oints in mass placements where differential settlement and/or setting time may induce stress cracking. Openings in forms shall be provided, if needed, for the removal of laitance of foreign matter of any kind. All forms shall be wetted thoroughly before the concrete is placed therein. All concrete shall be well consolidated and the mortar flushed to the form surfaces by continuous working with immersion type vibrators. Vibrators which operate by attachment to forms or reinforcement will not be permitted, except on steel forms. At least one stand-by vibrator shall be 038000 Page 9 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 provided for emergency use in addition to those required for placement. The concrete shall be vibrated immediately after deposit. Prior to the beginning of work, a systematic spacing of the points of vibration shall be established to insure complete consolidation and thorough working of the concrete around the reinforcement, embedded fixtures, and into the corners and angles of the forms. Immersion type vibrators shall be inserted vertically,at points 18 to 30 inches apart, and slowly withdrawn. The vibrator may be inserted in a sloping or horizontal position in shallow slabs. The entire depth of each lift shall be vibrated, allowing the vibrator to penetrate several inches into the preceding lift. Concrete along construction joints shall be thoroughly consolidated by operating the vibrator along and close to butnot againstthe joint surface. The vibration shall continue until thorough consolidation,and complete embedment of reinforcement and fixtures is produced,but not long enough to cause segregation. Vibration may be supplemented by hand spading or rodding,if necessary,to insure the flushing of mortar to the surface of all forms. Slab concrete shall be mixed in a plant located off the structure. Carting or wheeling concrete batches over completed slabs will not be permitted until they have aged at least four(4)full curing days. If carts are used,timber planking will be required for the remainder of the curing period. Carts shall be equipped with pneumatic tires. Curing operations shall not be interrupted for the purpose of wheeling concrete over finished slabs. After concrete has attained its initial set,at least one(1)curing day shall elapse before placing strain on projecting reinforcement to prevent damage to the concrete. The storing of reinforcing or structural steel on completed roadway slabs generally shall be avoided and, when permitted, shall be limited to quantities and distribution that will not induce excessive stresses. 8. PLACING CONCRETE IN COLD WEATHER (1) Cast-in-Place Concrete. Concrete maybe placed when the atmospheric temperature is not less than 35 degrees F. Concrete shall not be placed in contact with any material coated with frost or having a temperature less than 32 degrees F. Aggregates shall be free from ice, frost and frozen lumps. When required, in order to produce the minimum specified concrete temperature,the aggregate and/or the water shall be heated uniformly, in accordance with the following: The water temperature shall not exceed 180 degrees F,and/or the aggregate temperature shall not exceed 150 degrees F. The heating apparatus shall heat the mass of aggregate uniformly. The temperature of the mixture of aggregates and water shall be between 50 degrees F and 85 degrees F before introduction of the cement. All concrete shall be effectively protected as follows: (a) The temperature of slab concrete of all unformed surfaces shall be maintained at 50 degrees F or above for a period of 72 hours from time of placement and above 40 degrees F for an additional 72 hours. 038000 Page 10 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 (b) The temperature at the surface of all concrete in piers, culverts walls,retaining walls,parapets,wingwalls,bottoms of slabs,and other similar formed concrete shall be maintained at 40 degrees F or above for a period of 72 hours from time of placement. (c) The temperature of all concrete, including the bottom slabs of culverts placed on or in the ground, shall be maintained above 32 degrees F for a period of 72 hours from time of placement. Protection shall consist of providing additional covering, insulated forms or other means, and if necessary, supplementing such covering with artificial heating. Curing as specified under Article "Curing Concrete" of this specification shall be provided during this period until all requirements for curing have been satisfied. When impending weather conditions indicate the possibility of the need for such temperature protection, all necessary heating and covering material shall be on hand ready for use before permission is granted to begin placement. Sufficient extra test specimens will be made and cured with the placement to ascertain the condition of the concrete as placed,prior to form removal and acceptance. (2) Precast Concrete. A fabricating plant for precast products which has adequate protection from cold weather in the form of permanent or portable framework and covering, which protects the concrete when placed in the forms,and is equipped with approved steam curing facilities,may place concrete under any low temperature conditions provided: (a) The framework and covering are placed and heat is provided for the concrete and the forms within one hour after the concrete is placed. This shall not be construed to be one hour after the last concrete is placed,but that no concrete shall remain unprotected longer than one hour. (b) Steam heat shall keep the air surrounding the concrete between 50 degrees F and 85 degrees F for a minimum of three hours prior to beginning the temperature rise which is required for steam curing. (c) For fabricating plants without the above facilities and for j ob site precast products,the requirements of the Article "Curing Concrete" of this specification shall apply. The Contractor is responsible for the protection of concrete placed under any and all weather conditions. Permission given by the Engineer for placing concrete during freezing weather will in no way relieve the Contractor of the responsibility for producing concrete equal in quality to that placed under normal conditions. Should concrete placed under such conditions prove unsatisfactory,it shall be removed and replaced at no additional cost. 038000 Page 11 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 9. PLACING CONCRETE IN WATER Concrete shall be deposited in water only when specified on the plans or with written permission by the Engineer. The forms or cofferdams shall be sufficiently tight to prevent any water current passing through the space in which the concrete is being deposited. Pumping will not be permitted during the concrete placing, nor until it has set for at least 36 hours. The concrete shall be placed with a tremie, closed bottom-dump bucket,or other approved method, and shall not be permitted to fall freely through the water nor shall it be disturbed after it has been placed. The concrete surface shall be kept approximately level during placement. The tremie shall consist of a water-tight tube 14 inches or less in diameter. It shall be constructed so that the bottom can be sealed and opened after it is in place and fully charged with concrete. It shall be supported so that it can be easily moved horizontally to cover all the work area and vertically to control the concrete flow. Bottom-dump buckets used for underwater placing shall have a capacity of not less than one-half cubic yard. It shall be lowered gradually and carefully until it rests upon the concrete already placed and raised very slowly during the upward travel;the intent being to maintain still water at the point of discharge and to avoid agitating the mixture. The placing operations shall be continuous until the work is complete. 10. PLACING CONCRETE IN BOX CULVERTS In general, construction joints will be permitted only where shown on the plans. Where the top slab and walls are placed monolithically in culverts more than 4 feet in clear height, an interval of not less than one (1)nor more than two (2) hours shall elapse before placing the top slab to allow for shrinkage in the wall concrete. The base slab shall be finished accurately at the proper time to provide a smooth uniform surface. Top slabs which carry direct traffic shall be finished as specified for roadway slabs in Article"Finish of Roadway Slabs". Top slabs of fill type culverts shall be given a reasonably smooth float finish. 11. PLACING CONCRETE IN FOUNDATIONS AND SUBSTRUCTURE Concrete shall not be placed in footings until the depth and character of the foundation has been inspected by the Engineer and permission has been given to proceed. Placing of concrete footings upon seal concrete courses will be permitted after the caissons or cofferdams are free from water and the seal concrete course cleaned. Any necessary pumping or bailing during the concreting operation shall be done from a suitable sump located outside the forms. All temporary wales or braces inside cofferdams or caissons shall be constructed or adjusted as the work proceeds to prevent unauthorized construction joints in footings or shafts. 038000 Page 12 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 When footings can be placed in a dry excavation without the use of cofferdams or caissons, forms may be omitted,if desired by the Contractor and approved by the Engineer,and the entire excavation filled with concrete to the elevation of the top of footing; in which case, measurement for payment will be based on the footing dimensions shown on the plans. 12. TREATMENT AND FINISHING OF HORIZONTAL SURFACES EXCEPT ROADWAY SLABS All unformed upper surfaces shall be struck off to grade and finished. The use of mortar topping for surfaces under this classification will not be permitted. After the concrete has been struck off,the surface shall be floated with a suitable float. Sidewalks shall be given a wood float or broom finish, or may be striped with a brush, as specified by the Engineer. Other surfaces shall be wood float finished and striped with a fine brush leaving a fine- grained texture. 13. FINISH OF ROADWAY SLABS As soon as the concrete has been placed and vibrated in a section of sufficient width to permit working,the surface shall be approximately leveled,struck off and screeded,carrying a slight excess of concrete ahead of the screed to insure filling of all low spots. The screed shall be designed rigid enough to hold true to shape and shall have sufficient adjustments to provide for the required camber. A vibrating screed may be used if heavy enough to prevent undue distortion. The screeds shall be provided with a metal edge. Longitudinal screeds shall be moved across the concrete with a saw-like motion while their ends rest on headers or templates set true to the roadway grade or on the adjacent finished slab. The surface of the concrete shall be screeded a sufficient number of times and at such intervals to produce a uniform surface, true to grade and free of voids. If necessary, the screeded surface shall be worked to smooth finish with a long handled wood or metal float of the proper size, or hand floated from bridges over the slab. When required by the Engineer,the Contractor shall perform sufficient checks with a long handled 10-foot straightedge on the plastic concrete to insure that the final surface will be within the tolerances specified below. The check shall be made with the straightedge parallel to the centerline. Each pass thereof shall lap half of the preceding pass. All high spots shall be removed and all depressions over one-sixteenth inch(1/16")in depth shall be filled with fresh concrete and floated. The checking and floating shall be continued until the surface is true to grade and free of depressions, high spots, voids or rough spots. Rail support holes shall be filled with concrete and finished to match the top of the slab. Surface Texturing. Perform surface texturing using a either carpet drag or metal tining as indicated on the drawings. Complete final texturing before the concrete has attained its initial set. Draw the carpet drag 038000 Page 13 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 longitudinally along the pavement surface with the carpet contact surface area adjusted to provide a satisfactory coarsely textured surface. A metal-tine texture finish is required using a tining machine unless otherwise shown on the plans. Provide the metal-tine finish immediately after the concrete surface has set enough for consistent tining. Operate the metal-tine device to obtain grooves spaced at 1 in., approximately 3/16 in. deep,with a minimum depth of 1/8 in., and approximately 1/12 in. wide. Do not overlap a previously tined area. Use manual methods for achieving similar results on ramps and other irregular sections of pavements. Repair damage to the edge of the slab and joints immediately after texturing. Do not tine pavement that will be overlaid. Upon completion of the floating and/or straight edging and before the disappearance of the moisture sheen,the surface shall be given a broom or burlap drag finish. The grooves of these finishes shall be parallel to the structure centerline. It is the intent that the average texture depth resulting from the number of tests directed by the Engineer be not less than 0.035 inch with a minimum texture depth of 0.030 inch for anyone test when tested in accordance with TxDOT Test Method Tex-436-A. Should the texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. After the concrete has attained its final set, the roadway surface shall be tested with a standard 10- foot straightedge. The straightedge shall be placed parallel to the centerline of roadway to bridge any depressions and touch high spots. Ordinates of irregularities measured from the face of the straightedge to the surface of the slab shall not exceed one-eighth of an inch (1/8"), making proper allowances for camber,vertical curvature and surface texture. Occasional variations,not exceeding three-sixteenth of an inch (3/16") will be acceptable, if in the opinion of the Engineer it will not affect the riding qualities. When directed by the Engineer, irregularities exceeding the above requirements shall be corrected. In all roadway slab finishing operations,camber for specified vertical curvature and transverse slopes shall be provided. 14. CURING CONCRETE The Contractor shall inform the Engineer fully of the methods and procedures proposed for curing; shall provide the proper equipment and material in adequate amounts; and shall have the proposed methods, equipment and material approved prior to placing concrete. Inadequate curing and/or facilities,therefore,shall be cause for the Engineer to stop all construction on the job until remedial action is taken. All concrete shall be cured for a period of four(4) curing days except as noted herein. 038000 Page 14 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 EXCEPTIONS TO 4-DAY CURING Description Required Curing Upper Surfaces of Bridge Slabs and 8 curing days (Type I or III) cement Top Slabs of Direct Traffic Culverts 10 curing days (Type 11 cement) Concrete Piling (non-prestressed) 6 curing days When the air temperature is expected to drop below 35 degrees F,the water curing mats shall be covered with polyethylene sheeting, burlap-polyethylene blankets or other material to provide the protection required by Article "Placing Concrete in Cold Weather" of these specifications. A curing day is defined as a calendar day when the temperature, taken in the shade away from artificial heat, is above 50 degrees F for at least 19 hours (colder days if satisfactory provisions are made to maintain the temperature of all surfaces of the concrete above 40 degrees F for the entire 24 hours). The required curing period shall begin when all concrete therein has attained its initial set. The following methods are permitted for curing concrete subj ect to the restrictions of Table 1 and the following requirements for each method of curing. (1) Form Curing. When forms are left in contact with the concrete, other curing methods will not be required except for cold weather protection. (2) Water Curing. All exposed surfaces of the concrete shall be kept wet continuously for the required curing time. The water used for curing shall meet the requirements for concrete mixing water as specified in the specification Section 030020 "Portland Cement Concrete". Seawater will not be permitted. Water which stains or leaves an unsightly residue shall not be used. (a) Wet Mat. Cotton mats shall be used for this curing method. They shall be placed as soon as possible after the surface has sufficiently hardened to prevent damage to the concrete. (See Article, "Placing Concrete" of this specification.) Damp burlap blankets made from nine-ounce stock may be placed on the damp concrete surface for temporary protection prior to the application of the cotton mats which may be placed dry and wetted down after placement. The mats shall be weighted down adequately to provide continuous contact with all concrete surfaces where possible. The surfaces of the concrete shall be kept wet for the required curing time. Surfaces which cannot be cured by contact shall be enclosed with mats and anchored positively to the forms or to the ground so that outside air cannot enter the enclosure. Sufficient moisture shall be provided inside the enclosure to keep all surfaces of the concrete wet. (b) Water Spru. This curing method shall consist of overlapping sprays or sprinklers that keep all unformed surfaces continuously wet. (c) Ponding. This curing method requires the covering of the surfaces with a minimum of two inches (2") of clean granular material, kept wet at all times, or a minimum of one-inch 038000 Page 15 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 (1") depth of water. Satisfactory provisions shall be made to provide a dam to retain the water or saturated granular material. (3) Membrane Curing. This consists of curing concrete pavement,concrete pavement(base),curbs, gutters, retards, sidewalks, driveways, medians, islands, concrete riprap, cement-stabilized riprap, concrete structures and other concrete as indicated on the plans by impervious membrane method. Unless otherwise provided herein or shown on the plans, either Type I-D or Type 2 membrane curing compound may be used where permitted except that Type 1-D (Resin Base Only) will be required for slab concrete in bridge decks and top slabs of direct traffic culverts. TABLE 1 REQUIRED PERMITTED MEMBRANE MEMBRANE STRUCTURE UNIT WATER FOR WATER FOR DESCRIPTION FOR INTERIM FOR INTERIM CURING CURING CURING CURING 1 Top slabs of direct traffic culverts X X 2 Top surface of any concrete unit upon which concrete is to be placed and bonded at a later interval (Stub walls, risers, etc.). X Other superstructure concrete (wing walls, parapet walls, etc.) 3 Concrete pavement (base), curbs, gutters, retards, sidewalks, driveways, medians, X* X* islands, concrete structures, concrete riprap, etc. 4 All substructure concrete, culverts, box sewers, inlets, X* X* manholes, retaining walls `Polyethylene sheeting, burlap-polyethylene mats or laminated mats to prevent outside air from entering will be considered equivalent to water or membrane curing for items 3 and 4. 038000 Page 16 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Membrane curing shall not be applied to dry surfaces,but shall be applied just after free moisture has disappeared. Formed surfaces and surfaces which have been given a first rub shall be dampened and shall be moist at the time of application of the membrane. When membrane is used for complete curing, the film shall remain unbroken for the minimum curing period specified. Membrane which is damaged shall be corrected immediately by reapplication of membrane. Unless otherwise noted herein or on the plans,the choice of membrane type shall be at the option of the Contractor. Only one type of curing compound will be permitted on any one structure. The membrane curing compound shall be applied after the surface finishing has been completed,and immediately after the free surface moisture has disappeared. The surface shall be sealed with a single uniform coating of curing compound applied at the rate of coverage recommended by the manufacturer and directed by the Engineer, but not less than 1 gallon per 180 square feet of area. The Contractor shall provide satisfactory means and facilities to properly control and check the rate of application of the compound. The compound shall be thoroughly agitated during its use and shall be applied by means of approved mechanical power pressure sprayers. The sprayers used to apply the membrane to concrete pavement or concrete pavement (base) shall travel at uniform speed along the forms and be mechanically driven. The equipment shall be of such design that it will insure uniform and even application of the membrane material. The sprayers shall be equipped with satisfactory atomizing nozzles. Only on small miscellaneous items will the Contractor be permitted to use hand-powered spray equipment. For all spraying equipment, the Contractor shall provide facilities to prevent the loss of the compound between the nozzle and the concrete surface during the spraying operations. The compounds shall not be applied to a dry surface. If the surface of the concrete has become dry, it shall be moistened prior to application of membrane by fogging or mist application. Sprinkling or coarse spraying will not be allowed. At locations where the coating shows discontinuities,pinholes or other defects,or if rain falls on the newly-coated surface before the film has dried sufficiently to resist damage,an additional coat of the compound shall be applied immediately at the same rate of coverage specified herein. To insure proper coverage, the Engineer shall inspect all treated areas after application of the compound for the period of time designated in the governing specification for curing, either for membrane curing or for other methods. Should the foregoing indicate that any area during the curing period is not protected, an additional coat or coats of the compound shall be applied immediately, and the rate of application of the membrane compound shall be increased until all areas are uniformly covered. When temperatures are such as to warrant protection against freezing,curing by this method shall be supplemented with an approved insulating material capable of protecting the concrete for the specified curing period. If at any time there is reason to believe that this method of curing is unsatisfactory or is detrimental 038000 Page 17 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 to the work,the Contractor,when notified, shall immediately cease the use of this method and shall change to curing by one of the other methods specified under this contract. 15. REMOVAL OF FORMS Except as herein provided, forms for vertical surfaces may be removed when the concrete has aged not less than one day(24 hours)when Type I and Type II cement is used, and not less than one-half day (12 hours) when Type III cement is used, provided it can be done without damage to the concrete. Forms for inside curb faces may be removed in approximately three hours provided it can be done without damage to the curb. 16. FINISHING EXPOSED SURFACES Concrete shall be finished as required in the specification Section for the respective item or as otherwise specified on the plans. An ordinary surface finish shall be applied to all concrete surfaces either as a final finish or preparatory to a higher finish. Ordinary Surface Finish shall be as follows: After form removal,all porous or honey-combed areas and spalled areas shall be corrected by chipping away all loose or broken material to sound concrete. Feather edges shall be eliminated by cutting a face perpendicular to the surface. Shallow cavities shall be repaired using adhesive grout or epoxy grout. If judged repairable by the Engineer, large defective areas shall be corrected using concrete or other material approved by the Engineer. Holes and spalls caused by removal of metal ties, etc., shall be cleaned and filled with adhesive grout or epoxy grout. Exposed parts of metal chairs on surfaces to be finished by rubbing, shall be chipped out to a depth of one-half inch (1/2") and the surface repaired. All fins,runs, drips or mortar shall be removed from surfaces which remain exposed. Form marks and chamfer edges shall be smoothed by grinding and/or dry rubbing. Grease, oil, dirt, curing compound, etc., shall be removed from surfaces requiring a higher grade of finish. Discolorations resulting from spillage or splashing of asphalt,paint or other similar material shall be removed. Repairs shall be dense,well bonded and properly cured, and when made on surfaces which remain exposed and do not require a higher finish, shall be finished to blend with the surrounding concrete. 038000 Page 18 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 17. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form,no direct measurement or payment will be made for the work to be done or the equipment to be furnished under this specification,but it shall be considered subsidiary to the particular items required by the plans and the contract documents. 038000 Page 19 of 19 Rev.3-25-2015 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 SECTION 055440 ALUMINUM GRATING (5-110) 1. DESCRIPTION This specification shall govern all work necessary to provide and install all aluminum grating required for this project. 2. GENERAL REQUIREMENTS After installation, the grating shall be capable of withstanding a uniformly distributed load of 200 PSF or a concentrated load of 600 pounds with a maximum deflection of 3 inch. Grating shall meet federal specification RR-G-661-C and standards set by OSHA of 1975. Prior to installation, the Contractor shall submit four sets of detailed shop drawings for the Engineer's review and approval. 3. MATERIAL Corrosion Resistance. All materials incorporated into the grating system shall be of an aluminum alloy which is corrosion resistant and recommended for use in an environment to include chlorine treated wastewater. Walking surface. Walking surface shall have a non-skid surface. Fasteners, Anchor Bolts and Supports. All fasteners, additional structural supports shall be provided by the manufacturer or in accordance with his recommendations. 4. CONSTRUCTION METHODS All fabrication shall be done in a workmanlike manner, to provide a structurally sound product. All connections, supports, clips, etc. shall be properly aligned and installed. 5. MEASUREMENT AND PAYMENT Unless indicated otherwise in Proposal, aluminum grating shall be measured by the square foot of aluminum grating installed. Measurement shall include but not be limited to furnishing and installing all grating, supports, clips and connections. 055440 Rev 11/24/99 Page 1 of 1 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 TECHNICAL SPECIFICATIONS DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DIVISION 05 00 00—METALS SECTION 05 14 00— STRUCTURAL ALUMINUM PART 1 —GENERAL 1.01 SUMMARY A. This section includes: 1. Structural aluminum including the fabrication and erection of framing and bracing members, including connection design as required. 1.02 SUBMITTALS A. Shop Drawings: 1. See Specification Section 0133 01, "Submittal Register," for submittal administrative requirements. 2. Fabrication and/or layout drawings: a. Erection plans and details of each piece including connection details i. Show all cuts, copes and holes. ii. Indicate all shop welds using AWS symbols. iii. Indicate all shop and field bolts. b. Complete shop drawings for all of the work showing clearly all pieces, details, connections, materials and shop-applied coatings. c. Prepare complete erection drawings showing the location and marks of all pieces. 3. Product technical data including: a. Statement that products submitted meet requirements of standards referenced. b. Manufacturer's installation instructions. 4. Certifications. a. Certificates of compliance with standards specified for all major components and fasteners incorporated into work. b. Copies of current welding certificates for each welder assigned to perform welding indicating compliance with testing specified by AWS. 5. Test Reports. a. Certified copies of material mill tests. b. Manufacturer's load test and temperature sensitivity data for expansion anchor bolt and adhesive anchor bolts. 1.03 QUALITY CONTROL/ QUALITY ASSURANCE A. Referenced Standards: HDR(10130118) Packery Channel Restoration(Project No. H17019) 05 14 00-Page 1 of 5 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 1. Aluminum Association (AA) a. ADM 1, The Aluminum Design Manual. b. DAF 45, Designation System for Aluminum Finishes. 2. American Institute of Steel Construction (AISC) a. 325, Manual of Steel Construction. 3. ASTM International (ASTM) a. B221, Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes. b. B308, Standard Specification for Aluminum-Alloy 6061-T6 Standard Structural Profiles. c. F593, Standard Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. d. F594, Standard Specification for Stainless Steel Nuts 4. American Welding Society (AWS) a. D1.2, Structural Welding Code - Aluminum. 5. Building code a. International Code Council (ICC): i. International Building Code and associated standards, 2015 Edition including all amendments, referred to herein as Building Code. B. Qualifications: 1. Minimum of ten years of experience in fabrication of structural aluminum. PART 2—PRODUCTS 2.01 MATERIAL S A. Alloy 6061-T6 for structural shapes, unless otherwise indicated on the Drawings. 1. ASTM B308 for shapes: Beams and angles. B. Alloy 6063-T6 shall be used for aluminum grating. 1. ASTM B221 for bar grating. C. Stainless Steel Bolts and Nuts: ASTM F593 and ASTM F594, Type 316 with a minimum yield strength of 30,000 PSI and a minimum tensile strength of 75,000 PSI. D. Washers: Same material and alloy as found in bolts and nuts with which the washers are to be used. E. Electrodes for Welding Aluminum: AWS D1.2 filler alloy 5356. HDR(10130118) Packery Channel Restoration(Project No. H17019) 05 14 00-Page 2 of 5 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 2.02 FABRICATION A. Fabrication of bolted and welded connections of aluminum work shall be in accordance with AA ADM 1. B. Contractor to be solely responsible for correctness of all shop and field fabrication and fit. Verify field conditions and dimensions prior to fabrication. C. Fabricate aluminum work and assemble in shop to greatest extent possible 1. Make splices only where indicated or approved by Owner's Authorized Representative. D. Provide connections as indicated: 1. Where not indicated, design and provide connections in accordance with requirements of this Specification Section. 2. One-sided or other types of eccentric connections are not acceptable unless indicated on Contract Drawings or approved on Shop Drawings. E. Drill or Punch holes at right angles to surface of metal. 1. Do not make or enlarge holes by burning. 2. Provide holes clean and free of torn or ragged edges. 3. Use tools which will make a 1/16 IN bevel to remove outside burrs resulting from drilling or punching operations. 4. Punch or drill for field connections and for attachment of work by other trades. F. Cope at 45 DEG corners of stiffener plates at junction of member flanges with webs. G. Form to shapes indicated with straight lines, true angles and smooth curves: 1. Grind smooth all rough welds and sharp edges. 2. Round all corners to approximately 1/8 IN radius. H. Mill finish as fabricated. 2.03 SOURCE QUALITY CONTROL A. Special Inspection and Testing: 1. Contractor responsible for testing to qualify shop welders and as needed for HDR(10130118) Packery Channel Restoration(Project No. H17019) 05 14 00-Page 3 of 5 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Contractor's own quality control to ensure compliance with Contract Documents. 2. Contractor to inspect and test fabrication in accordance with the fabricators quality control procedures and in accordance with ADM-1 2015 or later. PART 3—EXECUTION 3.01 ERECTION A. Contractor is solely responsible for safety. 1. Construction means and methods and sequencing of work are the responsibility of Contractor. 2. Take into consideration that full structural capacity of many structural members is not realized until structural assembly is complete; e.g., until decks and diagonal bracing or rigid moment connections are installed. 3. Partially completed structural members shall not be loaded without an investigation by Contractor. 4. Until all elements of the permanent structure and lateral bracing system are complete, provide temporary bracing designed, furnished and installed by Contractor. B. Bolting. 1. Protect bolt threads from damage. 2. Rest bolt heads and nuts squarely against surfaces. 3. Where bolt heads or nuts rest on beveled surfaces having slope greater than 1 IN 20 with plane normal to bolt axis, use beveled washers to provide full bearing to head and nut. 4. Correct poor matching of holes by drilling to next larger size and use larger diameter bolt. 5. Unless otherwise specified, connect aluminum members to: a. Aluminum members using 3/4 IN DIA nonferrous bolts of alloy 2024-T4 or stainless steel bolts (ASTM F593 and ASTM F594). C. Correct fabrication errors and damaged members in shop. 1. Do not use cutting torch in shop or in field to cut any members, to correct fabrication errors, or to cut openings. HDR(10130118) Packery Channel Restoration(Project No. H17019) 05 14 00-Page 4 of 5 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 D. Provide templates for anchors, bolts, and other items to be installed in other work. E. Field Assembly 1. Tolerances shall comply with AISC 325 and ADM-1. a. Before members are assembled, thoroughly clean all bearing surfaces and surfaces that will be in permanent contact. b. After assembly, carefully align all members of each frame or assembly and accurately adjust until final, correct and true location is achieved. 2. Provide full length members without splices. END OF SECTION HDR(10130118) Packery Channel Restoration(Project No. H17019) 05 14 00-Page 5 of 5 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DIVISION 3100 00—EARTHWORK SECTION 3105 19— GEOTEXTILE FABRIC PART 1 —GENERAL 1.01 DESCRIPTION OF WORK The work includes furnishing materials, labor, and equipment for the installation of geotextile fabric beneath graded riprap (GRR), concrete walkway, and drainage swale in accordance with these specifications and applicable drawings. 1.02 RELATED SECTIONS Section 35 00 01, "Construction Surveying" Section 35 3123, "Graded Riprap" Section 35 31 19.20, "Articulating Concrete Block Mats" 1.03 REFERENCES Publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. American Society for Testing and Materials (ASTM)Publications D 4354 Standard Practice for Sampling Geosynthetics for Testing D 4355 Standard Test Method for Deterioration of Geotextiles from Exposure to Ultraviolet Light(Xenon-Arc Type Apparatus) D 4533 Standard Test Method for Trapezoidal Tearing Strength of Geotextiles D 4632 Standard Test Method for Grab Breaking Load and Elongation of Geotextiles D 4751 Standard Test Method for Determining Apparent Opening Size of a Geotextile D 4759 Standard Practice for Determining the Specification Conformance of Geosynthetics D 4884 Standard Test Method for Seam Strength of Sewn Geotextiles D 6241 Standard Test Method for the Static Puncture Strength of Geotextiles and Geotextile-Related Products Using a 50-mm Probe HDR Packery Channel Restoration(Project No. H17019) 3105 19-Page 1 of 4 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 1.04 SUBMITTALS Submittals required under this section are listed below. Submittals denoted with an asterisk (*) are subject to review by Engineer. Contractor shall obtain documented response from Engineer for these items prior to commencing with associated work elements. Unless denoted otherwise, all other submittals are for informational purposes only. 1. Manufacturer's Product Data (Paragraph 2.01, B) 2. Certified Test Reports (Paragraph 2.0 1, C)* 3. Sewn Seam Details and Laboratory Test Reports (Paragraph 2.01, D)* 4. Initial Survey (Paragraph 3.02)* 5. Manufacturer's Installation Instructions (Paragraph 3.03, C) 1.05 DELIVERY, STORAGE AND HANDLING OF MATERIALS Materials delivered to the site shall be inspected for damage, unloaded, and stored with the minimum of handling. Materials shall not be stored directly on the ground without a fabric or plastic liner beneath, and shall be kept free of dirt and debris. PART 2—PRODUCTS 2.01 GEOTEXTILE FILTER FABRIC A. Filter Fabric: Filter fabric shall be pervious nonwoven sheet, consisting of long-chain synthetic polymers composed of at least 85 percent by weight polyolefins, polyesters, or polyamides. Sheets shall be formed into a stable network such that filaments or yarns retain their relative position to each other. Sheets shall be inert to chemicals commonly encountered in natural water, the soil conditions encountered at the site, and UV stabilized. The edges of sheets shall be selvedged or otherwise finished to prevent outer filaments or yarns from pulling away from the sheet. B. Physical Properties: Conformance of filter fabric shall be in accordance with ASTM D 4759. Filter fabric shall be sampled in accordance with ASTM D 4354 and tested to verify the following minimum physical properties and requirements: Physical Properties Unit Test Method Measure Apparent Opening Size U.S. Sieve ASTM D 4751 #100* Grab Tensile Strength lb ASTM D 4632 250 CBR Puncture Strength lb ASTM D 6241 625 Trapezoid Tear Strength lb ASTM D 4533 100 Ultraviolet Resistance (500 Hours) % ASTM D 4355 70 *Note: 9100 AOS is the largest opening size permitted. HDR Packery Channel Restoration(Project No. H17019) 3105 19-Page 2 of 4 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Acceptable Products: The following products or Engineer-approved alternate may be used for geotextile filter fabric: 1. US Fabrics 250NW 2. Mirafi 1100N 3. Propex Geotex 1001 Listing of specific manufacturer's products shall not be construed as product approval without certified tests. Actual physical properties of the products furnished must conform to the minimum physical properties specified under paragraph 2.01, B. In addition to the minimum physical properties listed, other properties (such as fabric weight and weave type) shall be considered by the manufacturer in providing a product that is appropriate for the native material, method of installation, and method of rock placement for the proper functioning of the filter. C. Certified Test Reports: Submit manufacturer's certified test results to the Engineer showing actual test values of the filter fabric physical properties. D. Sewn Seams: Submit details for sewn seams. If fabric pieces are overlapped in lieu of sewn seams, disregard sewn seam requirements. Details shall address, but not be limited to, thread type, thread tension (sewing device), stitch density and type, overlap, and number of rows and type of chainstitch. Also submit laboratory test reports evaluating the load-transfer capability of the proposed seams in accordance with ASTM D 4884. PART 3—EXECUTION 3.01 SUBGRADE PREPARATION Unless otherwise noted in the drawings, the surface to receive the geotextile filter fabric shall be prepared by locating and removing obstructions or debris. 3.02 INITIAL SURVEY Lines and grade of subgrade shall be surveyed by Contractor and submitted to Engineer prior to placement of geotextile materials. Refer to Section 35 00 01, "Construction Surveying." 3.03 GEOTEXTILE MATERIALS A. General: Geotextile fabric shall be placed over the prepared subgrade as indicated on the drawings. B. Protection: Work shall be sequenced so that geotextile materials are not exposed more than 7 days from the time rolls are removed from their protective covering and are fully covered by the work and/or opaque temporary coverings. During periods of shipment and storage, geotextile materials shall be protected from direct sunlight, ultra-violet rays, and high temperatures and in accordance with any other instructions of the manufacturer. Unpackaged rolls and/or sheets shall be protected with temporary opaque coverings. HDR Packery Channel Restoration(Project No. H17019) 3105 19-Page 3 of 4 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. Placement: Geotextile fabric shall be placed in accordance with the manufacturer's instructions, but placement method shall meet, as a minimum, the following criteria: 1. Geotextile fabric sheets shall be loosely laid and conform to surface irregularities so as to minimize tension in the sheets when subsequent stone is placed. 2. Laps between geotextile fabric sheets shall be no less than 3 ft except where specified otherwise on the drawings. When used, sewn seams shall be pre-approved by Engineer and installed in accordance with manufacturer's recommendations. 3. Geotextile fabric sheets shall not be staked down such that they are taut and subject to significant puncture or tearing during stone placement. 4. Method of GRR placement shall be such that geotextile fabric sheets are not pulled apart at the laps or significantly punctured or torn. 5. Construction equipment and/or vehicles shall not operate directly on geotextile materials, unless otherwise permitted by Engineer. END OF SECTION HDR Packery Channel Restoration(Project No. H17019) 3105 19-Page 4 of 4 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DIVISION 3100 00—EARTHWORK SECTION 3123 23— CEMENTITOUS FILL MATERIALS PART 1 —GENERAL 1.01 SUMMARY A. This section specifies cementitous fill materials for the following applications: 1. General filling applications for void areas around an existing light pole and around storm drain outfall pipes along north bank, as shown in the drawings. B. Definitions: 1. Ready-mix Controlled Low Strength Material (CLSM) is used as an alternative to compacted soil, and is also known as a controlled density fill or flowable fill. CLSM differs from Portland cement concrete as it contains a low cementitous content to reduce strength development for possible future removal. Chemical admixtures may be used in CLSM to modify performance properties of strength, flow, set and permeability. 2. Controlled Low Strength Materials are considered machine tool excavatable at compressive strengths of 200 psi (1.5 MPa) maximum at 1 year, or hand tool excavatable at compressive strength of 100 to 150 psi (0.7 MPa) maximum at 1 year. 1.02 SUBMITTALS A. Product Data: Include material descriptions, chemical composition, physical properties, test data, and mixing and application instructions. 1. Include Material Safety Data Sheets, if applicable. 2. Flowable fill mix design 3. Historical compressive strength test results according to ASTM C109. B. Qualification Data: For installers and manufacturers to demonstrate their capabilities and experience. Include lists of at least 5 completed projects, within the last 10 years, comparable in size and complexity, to this Project, with a minimum of the following information: 1. Owner's Name 2. Project Name and Location 3. Brief Description/ Scope of Work for the Project 4. Address and phone number of Owner 5. Address and phone number of project engineer 6. Date work was performed C. Material Test Reports: From a qualified testing agency indicating and interpreting test HDR 10130118 3123 23-Page 1 of 4 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 results for compliance of requirements indicated in 2.01. D. Work Plan: Describe in detail the materials, methods, equipment, and sequence of operations to be used for the filling operation. 1.03 DELIVERY, STORAGE, AND HANDLING Deliver and handle in strict compliance with manufacturer's recommendations. Protect from damage due to weather, excessive temperatures, and construction equipment. 1.04 QUALITY CONTROL/ QUALITY ASSURANCE A. Manufacturer Qualifications: Manufacturers shall have factory-trained representatives who are available for consultation and project site inspection at no additional cost. CLSM shall be manufactured be a ready-mix concrete producer with a minimum of 1 year of experience in the production of similar products. B. Materials: For each type of material required for the work of the Section, provide primary materials which are the products of one manufacturer. If not otherwise specified here, materials shall comply with recommendations of ACI 229, "Controlled Low Strength Materials." C. Pre-installation Conference: A pre-installation conference shall be held prior to commencement of field operations to establish procedures to maintain optimum working conditions and to coordinate the work with related and adjacent work. 1.05 PROJECT CONDITIONS A. Environmental Limitations: Perform work only when existing and forecasted weather conditions are within the limits established by the manufacturer of the materials and products used. Tidal variations will occur along the work area and Contractor shall coordinate the work accordingly. B. Fill Areas may require placement of fill material below water. Measures shall be taken to prevent migration of fine materials into or clouding of the water of Packery Channel. PART 2—PRODUCTS 2.01 MIXES A. Flowable Fill: Mix design shall produce a consistency that will result in a flowable product at the time of placement which does not require manual means to move it into place. 1. Mix shall have a unit weight of 75 - 90 lbs/ft3 measured at the point of placement after a 60 minute ready-mix truck ride. Provide a mix with compressive strength of maximum 200 psi when measured 7 days after placement. HDR 10130118 3123 23-Page 2 of 4 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 2. CLSM shall have minimal subsidence and bleed water which is measured as a final bleeding of less than 2.0% (retains 98.0 percent of original height after placement, approximately 1/4" per foot of depth) as measured in Section 10 of ASTM C940 "Standard Test Method for Expansion and Bleeding of Freshly Mixed Grouts for Preplaced-Aggregate Concrete in the Laboratory." 3. In the absence of strength data the cementitous content shall be a maximum of 150 lbs/cy. 4. Flowable fill shall have an in-place yield of 98% if design yield. 2.02 MANUFACTURERS A. Products: 1. Flowable Fill: W. R. Grace & Co.; Stable-Air Generator Darafill. 2.03 MATERIALS A. Flowable Fill 1. Portland Cement: ASTM C150 2. Admixture: W. R. Grace& Co.; Stable-Air Generator Darafill 3. Aggregate: Provide fine aggregate material meeting the requirements of ASTM C33 4. Pozzolanic Materials: Fly ash meeting ASTM C618 requirements. PART 3—EXECUTION 3.01 EXAMINATION Examine conditions of substrates and other conditions under which work is to be performed and notify Owner, in writing, of circumstances detrimental to the proper completion of the work. Do not proceed until unsatisfactory conditions are corrected. Notify Engineer 48 hours in advance of dates when void fill operations will begin. Do not proceed with work until the Engineer or Owner's representative is on site. 3.02 APPLICATION OF FILL MATERIALS A. Secure pipes and other members to be encased or adjacent to fill material to prevent displacement during placement of fill materials. Provide protection of underground drainage pipes, structures, conduits, etc. so that cementitous material does not enter spaces or cause flow to access blockage. B. Do not execute the work of this section unless the Engineer or Owner's representative is present and has authorized the work to commence. C. Prior to executing the void fill operations, notify the cementitous fill material's HDR 10130118 3123 23-Page 3 of 4 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 manufacturer to arrange for a representative to be on site before the initial placement begins. D. Prior to executing the void fill operations, seal off the void to prevent bleeding of material into the channel through the ABM and riprap. 3.03 PROTECTION Protect fill material from traffic or other construction until sufficient strength has been achieved for further construction operations. 3.04 PREPARATION Protect people, motor vehicles, equipment, surrounding construction, Project site, and storm sewer inlets and piping from injury resulting from void fill work. 3.05 APPLICATION A. All fill materials: Place as follows: 1. Place fill materials in a manner that does not cause movements or excessive deflections in structural members including, but not limited to, the concrete paving, the existing drain pipes, and articulated concrete block revetment. 2. Materials shall be placed to provide, at a minimum, 90% coverage of the surfaces under or beside which the fill is being placed. 3.06 FIELD QUALITY CONTROL A trial batch of CLSM shall be cast on site outside the limits of the concrete paving prior to void filling operations. The sample shall be comprised of the CLSM mix design submitted and shall be a minimum quantity of 3 CY. If the trial batch does not yield a hand excavatable material after 7 days have passed, the trial batch shall be re-cast with an alternate mix design. The material from the trial batch shall be removed from the site by the Contractor. END OF SECTION HDR 10130118 3123 23-Page 4 of 4 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DIVISION 33 00 00—UTILITIES SECTION 33 4113—PVC PIPE FOR DRAINS PART 1 —GENERAL 1.01 DESCRIPTION OF WORK Furnish and install pipe for drains. 1.02 RELATED SECTIONS Section 02 20 20, "Excavation & Backfill for Utilities" 1.03 REFERENCES Publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. Texas Department of Transportation (TxDOT) Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges TxDOT Item 481 (2014) Pipe for Drains American Society for Testing and Materials (ASTM)Publications D 1785 Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120 D 2466 Standard Specivication for Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40 D 2564 Standard Specification for Solvent Cements for Poly(Vinyl Chloride)PVC)Plastic Piping Systems D 3034 Standard Specification for Type PSM Poly Vinyl Chloride) (PVC) Sewer Pipe and Fittings PART 2—PRODUCTS 2.01 Refer to TxDOT Item 481.2 for material requirements. HDR Packery Channel Restoration(Project No. H17019) 33 41 13-Page 1 of 2 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 PART 3—EXECUTION 3.01 Refer to TxDOT Item 481.3 for construction requirements except for the following: Excavate and backfill for pipe installation in accordance with Section 02 20 20, "Excavation& Backfill for Utilities." END OF SECTION HDR Packery Channel Restoration(Project No. H17019) 33 41 13-Page 2 of 2 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DIVISION 33 00 00—UTILITIES SECTION 33 4114— CORRUGATED METAL PIPE PART 1 —GENERAL 1.01 DESCRIPTION OF WORK Furnish and install corrugated metal pipes and fittings, materials for constructing corrugated metal pipe culverts, or corrugated metal storm drain mains, laterals, stubs, and inlet leads. 1.02 RELATED SECTIONS Section 02 20 20, "Excavation & Backfill for Utilities" 1.03 REFERENCES Publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. Texas Department of Transportation (TxDOT) Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges TxDOT Item 460 (2014) Corrugated Metal Pipe Texas Department of Transportation (TxDOT) Test Procedures Tex-708-I Sampling Galvanized Metal Products for Coating Weight American Association of State Highway and Transportation Officials M36 Standard Specification Corrugated Steel Pipe, Metallic-Coated, for Sewers and Drains M190 Standard Specification for Asphalt-Coated Corrugated Metal Culvert Pipe and Pipe-Arches M 196 Standard Specification for Corrugated Aluminum Pipe for Sewers and Drains M 245 Standard Specification for Corrugated Steel Pipe, Polymer- Precoated, for Sewers and Drains PART 2—PRODUCTS 2.01 Refer to TxDOT Item 460.2 for material requirements. HDR Packery Channel Restoration(Project No. H17019) 3141 14-Page 1 of 2 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 PART 3—EXECUTION 3.01 Refer to TxDOT Item 460.3 for construction requirements except for the following: Excavate, shape, bed, and backfill for pipe installation in accordance with Section 02 20 20, "Excavation& Backfill for Utilities." END OF SECTION HDR Packery Channel Restoration(Project No. H17019) 3141 14-Page 2 of 2 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DIVISION 35 00 00—WATERWAY AND MARINE CONSTRUCTION SECTION 35 00 01 —CONSTRUCTION SURVEYING PART 1 — GENERAL 1.01 DESCRIPTION OF WORK The work includes furnishing materials, labor, and equipment for topographic and hydrographic surveying of work items in accordance with these specifications and applicable drawings. 1.02 RELATED SECTIONS Section 31 05 19, "Geotextile Fabric" Section 35 3123, "Graded Riprap" Section 35 31 19.20, "Articulating Concrete Block Mats" 1.03 REFERENCES Publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. Federal Geographic Data Committee Publications: FGDC-STD-007.3-1998 Geospatial Positioning Accuracy Standards, Part 3: National Standard for Spatial Data Accuracy FGDC-STD-008-1999 Content Standards for Digital Orthoimagery U.S. Army Corps of Engineers Publications: EM 1110-2-1003 Hydrographic Surveying 1.04 SUBMITTALS Submittals under this section include the following: 1. Name and Affiliation of Registered Professional Land Surveyor (Paragraph 1.05, A) 2. Surveying Plan (Paragraph 1.05, B) 3. Survey Notification (Paragraph 1.06) 4. Survey Submittal Log (Paragraph 3.03, C) 5. Pre-Construction Hazard Survey (Paragraph 3.05) 6. Side Scan Sonar Surveys (Paragraph 3.06) 7. Multibeam Surveys (Paragraph 3.07) 8. Initial Survey Drawings (Paragraph 3.08) 9. Interim Survey Drawings (Paragraph 3.09) 10. Final Survey Drawings (Paragraph 3.10) 11. Acceptance Aerial Photograph (Paragraph 3.12) HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 00 01-Page I of 7 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 1.05 QUALITY ASSURANCE A. General: All survey plots submitted to Engineer shall be sealed by a professional land surveyor registered in the State of Texas. Prior to commencing surveying activities, Contractor shall provide name of professional surveyor to be used on proj ect. B. Surveying Plan: Contractor shall provide written description of methods and equipment to be applied for required surveys as well as quality control and quality assurance (QA/QC)procedures to be applied. In particular, plan shall provide planned transects (in PDF or CAD format) of all areas planned for excavation and breakwaters, as well as document an approach that is appropriate for accurate bathymetric surveying in soft soils. Refer to EM 1110-2-1003 for QA/QC guidelines. C. Transducer Frequency: Where fathometers/echo sounders are applied for bathymetric surveys, transducer frequency shall be consistent between initial and final surveys. 1.06 NOTIFICATION PRIOR TO COMMENCEMENT OF SURVEYING ACTIVITES Contractor shall notify Engineer in writing at least 3 days prior to the commencement of surveying activities so that Engineer may have the opportunity to accompany the survey crew and witness the work PART 2—PRODUCTS (NOT USED) PART 3—EXECUTION 3.01 GENERAL Contractor shall provide surveys for measurement and acceptance of work items. Plots showing lines and grades and quantity computations shall accompany monthly payment requisitions. Refer to Table 1 for a general summary of the required surveys. HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 00 01-Page 2 of 7 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Table 1. Summary of Required Surveys. Survey Intended Purpose Submittal(s) Schedule Submerged Items in Channel Initial To confirm presence of submerged items in channel at Prior to construction. locations shown on Drawings. SH361 Bridge Initial Side scan sonar survey and multibeam survey shall be Prior to construction after performed under SH361 bridge to document condition of acceptance of Barge Control existing riprap scour protection prior to construction. Plan. Final Side scan sonar survey and multibeam survey shall be Upon completion of performed under SH361 bridge to document condition of construction. existing riprap scour protection after construction. Reach 1 —Jetty Stone Initial To verify existing locations of stone specified for Prior to commencing work in relocation, and for review by Engineer in assessing need Reach 1. for any adjustments in work requirements prior to commencement of jetty stone relocation. Final Final surveys shall be performed to document relocated With progress payment positions of jetty stone. applications and prior to final acceptance. Reach 2— Landside Jetty Riprap Initial To verify existing conditions and for review by Engineer Prior to commencing work in in assessing need for any adjustments in work Reach 2. requirements prior to commencement of work in Reach 2. Final Final surveys shall be performed to document relocation With progress payment of existing stone and placement of new GRR to the applications and prior to final specified lines and grades. acceptance. Reach 3—Revetment, Walkway, and Drainage Swale Initial To verify existing conditions and for review by Engineer Prior to commencing work in in assessing need for any adjustments to revetment Reach 3. cross section prior to start of work. Interim Interim surveys shall be performed to verify and With progress payment document completion of: applications. 1. Demolition/Removal of Existing ABM. 2. Excavation for Revetment Subgrade. 3. Placement of Bedding Stone. 4. Preparation of Subgrade for Walkway and Drainage Swale. Final Final surveys shall be performed to documents With progress payment conformance of completed cross-section, length, applications and prior to final alignment, and overall dimensions of: acceptance. 1. Revetment 2. Walkway 3. Drainage Swale HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 00 01-Page 3 of 7 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3.02 SURVEYING ACCURACY A. General: Horizontal accuracy for all surveying equipment shall be within 1 ft RMS. GPS-based systems shall not be applied without establishing a local base station. B. Topographic Surveys: For topographic surveys, vertical accuracy for all surveying equipment shall be within±1.0" RMS. C. Bathymetric Surveys: For bathymetric surveys, vertical accuracy for all surveying equipment shall be within±1.5" RMS. 3.03 SURVEY PLOTS A. General: All construction surveys submitted to Engineer shall be in the form of plan- view and cross-section plots unless stated otherwise within these specifications. Plots shall be prepared in AutoCAD. All survey data shall be referenced to the project datums shown on the drawings. Sealed plots shall be submitted as hard copies and transmitted electronically in PDF format. All plots shall legibly and clearly display the following information: 1. Project name 2. Owner's Name and Project Number 3. Professional Land Surveyor's seal, signature, and business affiliation 4. Date(s) surveys were performed 5. Locations and descriptions of survey control 6. Vertical and horizontal datums 7. Sheet names and numbers 8. Submittal Description 9. Name of Contractor 10. Drawing scale(s) 11. Transducer frequency (for fathometers/echo sounders) B. Plots (Drawings): All survey plots shall comprise a well organized, stand-alone set of drawings that do not include any outdated or superseded information that may have been previously submitted. Plots shall include the following: 1. Plan sheets clearly documenting locations, limits, and dimensions of completed Work and locations where cross sections were taken. 2. Cross-section sheets providing an overlay of initial, interim, and final survey transects superimposed with specified templates. 3. As work progresses, plots documenting completed demolition/removal, excavation, and material placement shall be submitted with requests for progress payments. In addition, upon completion of all work, a final, complete set of survey plots shall be submitted to document final surveys at areas where demolition/removal, excavation, and/or material placement was performed. This final submittal shall be a comprehensive, stand-alone set of drawings, not an HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 00 01-Page 4 of 7 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 assembly of individual drawings that were previously submitted with progress pay requests. C. Digital Data: In addition to plots, all survey submittals shall include the following: 1. A submittal log documenting surveys submitted to date with descriptors for survey dates and locations. 2. AutoCAD files 3. 3D ASCII files containing northing, easting, elevation, and descriptor for each survey point 3.04 SURVEY TRANSECTS At a minimum, survey shots shall be taken along each 100 ft station (i.e. 23+OON, 24+OON, etc.) within the limits of construction shown on the drawings. Survey shots along transects shall be taken at all significant grade breaks and at maximum horizontal spacing of 5 ft on center. At a minimum, transects shall extend 50 feet beyond the work limits and extend across areas of transitional grading adjacent to drainage swale. 3.05 PRE-CONSTRUCTION HAZARD SURVEY A magnetometer survey shall be performed over areas where work will occur. Potential subsurface obstructions within the project limits, where shown on the Drawings, are shown only to the extent such information was made available to and/or discovered by Engineer during preparation of the drawings. There is no guarantee as to the accuracy or completeness of such information, and all responsibility for the accuracy and completeness is expressly disclaimed. Contractor shall perform additional magnetometer surveys, side-scan sonar surveys, probing, and/or other investigations as required to adequately locate hazards and obstructions (such as pipelines or other utilities) prior to construction. Contractor shall be solely responsible for determining necessary extent (including work areas, ingress and egress routes, and other areas in which activity may occur) and methods of pre-construction hazard survey. Planned scope of pre-construction hazard survey shall be summarized in Surveying Plan (refer to Paragraph 1.05, B). Results of the pre-construction hazard survey(s) shall be submitted to Engineer at least seven days prior to commencing excavation and/or GRR placement activities. Engineer reserves the right to suspend work for up to ten (10) calendar days upon completion of survey by Contractor, to review survey results/findings, and if applicable, provide direction regarding any interference or discrepancies encountered. Said suspension of work shall not suspend the Contract Times, nor be construed as Standby Time. 3.06 SIDE SCAN SONAR SURVEYS A. SH361 Bridge: Before and after construction, side scan sonar (SSS) surveys shall be performed under the SH361 bridge to document that barges operated by Contractor do not damage bridge pilings and/or riprap scour protection under bridge. Coverage of SSS surveys shall extend a minimum of 200 ft to north and south of bridge. Refer HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 00 01-Page 5 of 7 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 to requirements for Barge Control Plan in Section 35 31 23, "Graded Riprap," for additional requirements. B. Submerged Items in Channel: A SSS survey shall be performed to confirm presence and locations of submerged items in channel specified in Drawings. SSS shall be supplemented by manual probing as stated on Drawings. SSS and probing shall be performed at all locations where removal of submerged items is specified on drawings. SSS and probing shall be performed prior to removal of submerged items. SSS survey coverage shall extend 25 ft (minimum radius) from the submerged items points specified in the drawings. High-resolution plots of SSS data, accompanied by surveyor's interpretation of features on the channel bottom, shall be provided to Engineer prior to removal of submerged items in channel. If no submerged items are evident after review of the SSS data and probing, Contractor shall not attempt to remove submerged items and associated cost shall be deducted from Contract price. 3.07 MULTIBEAM SURVEYS Before and after construction, multibeam bathymetric surveys shall be performed under the SH361 bridge to document that barges operated by Contractor do not damage bridge pilings and/or riprap scour protection under bridge. Coverage of multibeam surveys shall extend a minimum of 200 ft to north and south of bridge. Refer to requirements for Barge Control Plan in Section 35 3123, "Graded Riprap," for additional requirements. 3.08 INITIAL SURVEYS Initial surveys shall be performed for the work elements as described in Table 1. Contractor shall be aware of the dynamic nature of the site which may cause grades to change over a short period of time. For any given work element or location, initial surveys shall be performed within 15 days of work actually being performed. The initial surveys shall be submitted to Engineer at least seven days prior to commencement of the associated work element. 3.09 INTERIM SURVEYS Interim surveys shall be performed for the work elements described in Table 1. Interim survey transects shall reoccupy all initial survey transect locations. Interim survey plots shall show interim survey transects superimposed over initial survey transects along with specified construction templates. 3.10 FINAL SURVEYS Final surveys shall be performed for the work elements described in Table 1. Final survey transects shall reoccupy all initial survey transect locations. Final survey plots shall show final survey transects superimposed over initial and interim survey transects along with specified construction templates. Final surveys shall be re-performed if any re-work is required. HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 00 01-Page 6 of 7 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3.11 SURVEY EVALUATION Engineer reserves the right to suspend work for up to ten (10) calendar days upon completion of surveying by Contractor to review survey results/findings and, if applicable, provide direction regarding interference or discrepancies encountered. Said suspension of work shall not suspend the contract time nor be construed as Standby Time. 3.12 ACCEPTANCE AERIAL PHOTOGRAPH A. Upon completion of all construction activities, a color vertical aerial photograph of the entire work area shall be provided. The photograph shall be professionally rectified and geo-referenced in compliance with the standards described in FGDC- STD-008-1999. The photograph shall be referenced to the project horizontal datum shown on the drawings. RMS error shall be calculated using the method described in FGDC-STD-007.3-1998, reported in the accompanying metadata and shall not exceed 2.0 ft. B. The aerial photography shall not exclude open water areas within and adjacent to the channel. Open water areas shall not be represented by blank panels. C. Submittal shall include a high-resolution aerial photograph in digital (TIF) format (with world file in ASCII format) and metadata specified in FGDC-STD-008-1999. Contractor shall provide notice to Engineer and name / contact information for aerial photography subcontractor a minimum of one week prior to execution of aerial photograph. D. Aerial photography shall also include a series of low-altitude, high resolution oblique aerial photographs that (at a minimum) cover the constructed project features from a minimum of three directions. At least 25 oblique aerial photographs shall be provided. END OF SECTION HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 00 01-Page 7 of 7 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DIVISION 35 00 00— SITEWORK SECTION 35 16 60—ENVIRONMENTAL PROTECTION MEASURES PART 1 —GENERAL 1.01 SUMMARY This section covers prevention of environmental pollution and damage as the result of construction operations under this contract and for those measures set forth in other technical provisions of these specifications. For the purpose of this specification, environmental pollution and damage is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare, unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utility of the environment for aesthetic, cultural or historical purposes. The control of environmental pollution and damage requires consideration of air, water, and land, and includes management of visual aesthetics, noise, solid waste, radiant energy and radioactive materials, as well as other pollutants. The environment shall be protected and all natural resources shall be preserved during construction. All Federal, State, and local laws and regulations shall be complied with during construction. 1.02 RELATED SECTIONS AND APPENDICES Section 00 72 00 —General Conditions Section 35 3123 —Graded Riprap Section 35 48 30 —Protection of Sea Turtles Appendix 1 —U.S. Army Corps of Engineers Permit Appendix 4 —NOAA/NMFS Construction Conditions 1.03 LOCATION OF FIELD OFFICES, STORAGE AND OTHER CONTRACTOR FACILITIES Contractor's field offices, staging areas, stockpile storage, and temporary buildings shall be placed in areas approved by Owner. Temporary movement or relocation of Contractor facilities shall be made only on approval by Owner. Disposal areas shall not be located in any wetlands, water body, or stream bed. Fuel and lubricate equipment in a manner that protects against spills and evaporation. Provide a berm around fuel and liquid chemical storage tanks to contain the tank contents in the event of a leak or spill. No refueling shall be done onsite unless approved in advance with acceptable spill protection measures. 1.04 QUALITY CONTROL Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. Contractor shall record on daily reports any problems in complying with laws, regulations and ordinances and corrective action taken. Any damage caused by Contractor during construction shall be repaired, replaced, or restored to the satisfaction HDR(10 130118) 35 16 60-Page 1 of 6 Packery Channel Restoration(Project No.H17019) DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 of Owner. Contractor shall maintain all erosion and sediment control devices in good working order. If a repair is necessary it will be done at the earliest date possible, but no later than seven (7) days after the surrounding exposed ground has dried sufficiently to minimize further damage from heavy equipment. Areas adjacent to creeks and drainage ways shall have priority. 1.05 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL Contractor shall train his personnel in all phases of environmental protection. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities (vegetative covers and instruments required for monitoring purposes) to ensure adequate and continuous environmental pollution control. 1.06 VOLATILE ORGANIC COMPOUNDS (VOC) Contractors are required to comply with the Local, State, and Federal VOC laws and regulations and shall have an acceptable VOC compliance plan. The plan shall demonstrate that the use of paints, solvents, adhesives, and cleaners comply with local VOC laws and regulations governing VOC materials, and that all required permits have been obtained or will be obtained prior to starting work involving VOC's, in the air quality district in which the work is started. An acceptable compliance plan shall contain, as a minimum, a listing of each materials subject to restrictions in the air quality management district in question, the rule governing its use, a description of the actions which Contractor will take, a description of the actions which Contractor will use to comply with the laws and regulations, and any changes in the status of compliance during the life of the contract. Alternatively, if no materials are subject to the restrictions the air quality management district where the work will be performed, or if there are no restrictions, the compliance plan shall so state. PART 2 —PRODUCTS (NOT USED) PART 3 —EXECUTION 3.01 PROTECTION OF ENVIRONMENTAL RESOURCES A. General: The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected during the entire period of this contract. Contractor shall confine work to areas defined by the plans and specifications. B. Protection of Land Resources: Prior to construction, Contractor shall identify all existing land resources. Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without written permission from Owner. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. HDR(10 130118) 35 16 60-Page 2 of 6 Packery Channel Restoration(Project No.H17019) DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Where such special emergency use is permitted, Contractor shall provide effective protection for land and vegetation resources at all times. C. Protection of Water Resources: Contractor shall keep construction activities under surveillance, management and control to avoid pollution of surface and ground waters. Special management techniques as set out below shall be implemented to control water pollution by the listed construction activities which are included in this contract. As soon as possible, Contractor shall clear all waterways of temporary embankments, temporary bridges, matting, falsework, debris, or other obstructions placed during construction operations that are not part of the finished work. Contractor is responsible for maintaining area drainage during construction. Water shall not be allowed to pond on any roadway surface, and runoff from adjacent properties shall not be impeded by project work. D. Protection of Fish and Wildlife Resources: Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to and damage of fish and wildlife. Prior to beginning of construction operations, Contractor shall list species that require specific attention and describe measures for their protection. Refer to specification Section 35 48 30, "Protection of Sea Turtles," for Special Conditions pertaining to protection of sea turtles. E. Threatened and Endangered Species: Implement the following measures to avoid and minimize impacts to threatened and endangered species: 1. Instruct personnel associated with the project of the potential presence of sea turtles, piping plovers, red knots, or any other threatened and endangered species, and the need to avoid collisions with these species. Construction personnel are responsible for observing water-related activities for the presence of these species. 2. Advise construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles, whales, or any other threatened and endangered species, which are protected under the Endangered Species Act of 1973. 3. Vessels associated with the construction project shall operate at "no wake and idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a 4-foot clearance from the bottom. Vessels will preferentially follow deep-water routes (for example, marked channels)when possible. 4. If a sea turtle or any other threatened and endangered species is seen within 100 yards of the active daily construction or dredging operation or vessel movement, appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of moving equipment closer than 100 feet of a sea turtle (individual, nest, and eggs) or any other threatened and endangered species. Operation of mechanical construction equipment shall cease immediately if a sea turtle or sea turtle nest is seen within a 100-foot radius of the equipment. Activities may not resume until the protected species has departed the HDR(10 130118) 35 16 60-Page 3 of 6 Packery Channel Restoration(Project No.H17019) DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 project area of its own volition, and a representative of the Sea Turtle Science and Recovery Program at Padre Island National Seashore (PAIS) gas given approval for work to resume. 5. Collision with or injury to a sea turtle, piping clover, and red knots shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division by phone (727-824-5312 for Texas) or electronic mail (takereport.nmfssergnoaa.gov) within 24 hours of any sea turtle take observed, the local authorized sea turtle stranding or rescue organization (866-887-8535), USACE CCRFO (361-814-5847), and USFWS Ecological Field. 6. Refer to specification Section 35 48 30, "Protection of Sea Turtles" for other specific measures required for protection of sea turtles. 7. Refer to Appendix 4 for NOAA/NMFS Construction Conditions that shall be applied to this Work: i. Sea Turtle and Smalltooth Sawfish Construction Conditions. ii. Construction Conditions for Docks or Other Minor Structures Constructed in or Over Johnson's Seagrass. iii. Construction Conditions for Minor Piling-Supported Structures Constructed in or Over Submerged Aquatic Vegetation. F. Protection of Air Resources: Contractor shall keep construction activities under surveillance, management and control to minimize pollution of air resources. All activities, equipment, processes, and work operated or performed by Contractor in accomplishing the specified construction shall be in strict accordance with the State of Texas Clean Air Act implemented in 1967, and all Federal emission and performance laws and standards. Ambient Air Quality Standards set by the Environmental Protection Agency shall be maintained for those construction operations and activities specified in this section. Special management techniques as set out below shall be implemented to control air pollution by the construction activities that are included in the contract. 1. Contractor is encouraged to apply for Texas Emission Reduction Plan grants; 2. Contractor is encouraged to exercise air quality best management practices. 3. Contractor is encouraged to use tugboat(s) and support vessel(s) that use clean fuels; 4. Contractor is encouraged to select assist tugs based on lowest NON emissions instead of lowest price. 3.02 PARTICULATES CONTROL Contractor shall maintain all excavations, stockpiles, haul roads, permanent and HDR(10 130118) 35 16 60-Page 4 of 6 Packery Channel Restoration(Project No.H17019) DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 temporary access roads, plant sites, excavated areas, borrow areas, demolition areas and all other work areas within or outside the project boundaries free from particulates which would cause the air pollution standards mentioned in paragraph 3.01.G above to be exceeded or which would cause a hazard of a nuisance. Sprinkling, chemical treatment of an approved type, light bituminous treatment, baghouse, scrubbers, electrostatic precipitators or other methods will be permitted to control particulates in the work area. Sprinkling, to be efficient, must be repeated at such intervals as to keep the disturbed area damp at all times. Contractor must have sufficient competent equipment available to accomplish this task. Particulate control shall be performed as the work proceeds and whenever a particulate nuisance or hazard occurs. Sand blasting, provide tarp drop cloths and windscreens under and around blasting operations to confine and collect dust, sand, paint and other debris. 3.03 CONTROL AND DISPOSAL OF WASTES A. Hazardous Waste: Hazardous wastes are defined in 40 CFR 261. Hazardous wastes that are produced as a result of performing work under this contract shall be handled, stored, transported, and disposed of according to 40 CFR 262, where applicable. Prevent hazardous wastes from entering the ground, drainage areas, and surface waters. Immediately notify Engineer of hazardous material spills. B. Dischame Events: In the event of a discharge of oil or release of hazardous substances, the release shall be reported to the National Response Center (800-424-8802) and Texas Emergency Oil Spill and Hazardous Substance Reporting line (800-832-8224) as required. Immediately notify Engineer of hazardous material or other spills. C. Sanitary Waste: All sanitary waste shall be collected by a licensed sanitary waste management contractor from the portable units as necessary, or as required by local regulation. D. Construction Debris: Contractor shall collect and properly dispose of all trash and construction debris in accordance with all local and state solid waste management regulations and practices. No construction waste material shall be buried on the Project Site. Contractor shall store all waste materials in approved metal dumpsters, or other containers approved by Engineer. The dumpster shall be emptied as necessary or as required by local and state regulation, and the contents hauled away for proper disposal. No construction waste material shall be buried within the project limits. 3.04 POST CONSTRUCTION CLEAN UP Contractor shall clean up areas used for construction to the satisfaction of Engineer. HDR(10 130118) 35 16 60-Page 5 of 6 Packery Channel Restoration(Project No.H17019) DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3.05 RESTORATION OF DAMAGE Contractor shall restore all features damaged or destroyed during construction operations outside the limits of the approved work areas. Such restoration shall be in accordance with the plan submitted for approval by Owner or Engineer. This work will be accomplished at Contractor's expense without compensation. END OF SECTION HDR(10 130118) 35 16 60-Page 6 of 6 Packery Channel Restoration(Project No.H17019) DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DIVISION 35 00 00—WATERWAY AND MARINE CONSTRUCTION SECTION 35 3119.20 -ARTICULATING CONCRETE BLOCK MATS PART 1 - GENERAL 1.01 DESCRIPTION OF WORK The work includes removing, salvaging, stockpiling, excavation, incidental grading and preparatory work, furnishing and installing the geotextile fabric and articulating concrete block mats (ABM), placing cast-in-place concrete joints, and cutting blocks in accordance with these specifications and applicable drawings. 1.02 RELATED SECTIONS Section 0129 01, "Measurement and Basis for Payment" Section 35 00 01, "Construction Surveying" Section 35 05 19, "Geotextile Fabric" 1.03 REFERENCES Publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. A. American Society for Testing and Materials (ASTM)Publications A 123 (2002) Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products C 136 (2006) Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates C 140 (2008a) Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units C 42/C 42M (2018) Standard Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete C 476 (20 10) Standard Specification for Grout for Masonry C 94 (2003) Standard Specification for Ready-Mixed Concrete D 2487 (2017) Soils for Engineering Purposes(Unified Soil Classification System) D 4873 (2015) Identification, Storage, and Handling of Geosynthetic Rolls and Samples HDR Packery Channel Restoration(Project No. H17019) 35 31 19.20-Page 1 of 8 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 D 6684 (2001) Standard Specification for Materials and Manufacture of Articulating Concrete Block(ABM)Mat Systems D 698 (2012; E 2014; E 2015) Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/cu. ft. (600 kN-m/cu. m.)) E 329 Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction 1.04 DEFINITIONS A. Articulating Concrete Block Mat (ABM) System: A matrix of interconnected concrete block units for erosion protection. Units are connected by geometric interlock and/or cables, geotextiles, or geogrids, and typically include a geotextile underlayer for subsoil retention. B. Blocks: Articulating concrete block mat units will be referred to as blocks. 1.05 SUBMITTALS Submittals under this section include the following: 1. Shop Drawings (Paragraph 1.08.A) 2. Manufacture's Product Data (Paragraph 1.08.13) 3. Block Samples (Paragraph 1.08.C) 4. Block Tests for Compressive Strength,Water Absorption, and Unit Weight(Paragraph 1.08.13) 1.06 DELIVERY, STORAGE, AND HANDLING A. General: Check new products upon delivery to assure that the proper material has been received and is undamaged. B. Blocks: Provide blocks which are sound and free of defects that would interfere with proper placement or that would impair the strength or longevity of the installation. Discard blocks with the following defects: 1. Broken appendages. 2. Chips larger than 2 inches in any dimension. 3. Cracks wider than 0.02 inches and longer than 33% of the nominal height. Minor cracks, incidental to the usual method of manufacture, or chipping that results from customary methods of handling in shipping, delivery and placement HDR Packery Channel Restoration(Project No. H17019) 35 31 19.20-Page 2 Of 8 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 will not be deemed grounds for rejection. Store blocks in a suitable location away from mud, paint, wet cement, and other contamination or disturbance. C. Geotextiles: For geosynthetics, the delivery, storage and handling guidelines presented in ASTM D4873 shall be followed. Also refer to the requirements in Section 31 05 19, "Geotextile Fabric." 1.07 REMOVAL, STOCKPILING, AND RE-USE A. General: For existing blocks removed from mattresses for re-use on this project, inspect blocks to assure they are in good condition (see below). Existing geotextile fabric, hardware, and soil anchors shall become property of Contractor and shall be removed from the work site. B. Blocks: Provide blocks which are sound and free of defects that would interfere with proper placement or that would impair the strength or longevity of the installation. Discard blocks with the following defects: 1. Broken appendages. 2. Chips larger than 2 inches in any dimension. 3. Cracks wider than 0.02 inches and longer than 33% of the nominal height. 4. Blocks that are not 15" by 15" by 5.375" thickness. Minor cracks, incidental to the usual method of manufacture, or chipping that results from customary methods of handling in removal, stockpiling, and placement will not be deemed grounds for rejection. C. Block Storage: Store blocks in a suitable location away from mud, paint, wet cement, and other contamination or disturbance. 1.08 QUALITY CONTROL /QUALITY ASSURANCE A. Shop Drawings — Block and Geotextile Installation: Provide drawings showing details of the ABM and geotextile installation, including the block layout patterns in relation to the feature alignment, anticipated locations of cast-in-place concrete joints, and proposed installation methods for void filling materials. B. Product Data 1. Articulating Concrete Block: Provide descriptive technical data on the blocks. Include all material properties specified under Part 2, "Products." Catalog cuts, technical data sheets, or test data shall be submitted showing that the products meet HDR Packery Channel Restoration(Project No. H17019) 35 31 19.20-Page 3 Of 8 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 the specifications. The submittal shall include a copy of any standard manufacturer's warranties for the products. 2. Bedding Stone: Refer to Section 35 31 23, "Graded Riprap," for bedding stone requirements. C. Samples—Articulating Concrete Block: Provide two samples of the proposed block at the same time as the ABM and Geotextile Data are submittal. The samples shall be typical of the size, texture, color, and finish. If Engineer is familiar with the product, this submittal may be waived. D. Independent of the manufacturing process, Contractor shall engage a certified testing agency, other than the manufacturer, meeting the requirements of ASTM D 329 to sample and test the ABM blocks for compressive strength, water absorption and unit weight. The sample frequency shall be 3 specimens for each 3000 SY. Test methods shall be consistent with those specified in, "PART 2 — PRODUCTS." Testing is not required for blocks salvaged/reused from onsite. PART 2 - PRODUCTS 2.01 ARTICULATING CONCRETE BLOCK A. General: Articulating concrete blocks shall comply with the requirements of ASTM D6684,wet cast using concrete as specified herein, or dry-cast by a vibratory block forming machine. The blocks shall satisfy the requirements in Table 1 and as stated below: Table 1.ABM Requirements Criteria Required Value Test Method Matrix Assembly Interlocking Blocks/Cabled System N/A Thickness (Min) 5.375 inch N/A Net Weight/Area (Min) 45 psf Paragraph 2.01.D Curvature Radius (Max) 2 ft 8 in Paragraph 2.01.E Surface Void Ratio 20% -40% Paragraph 2.01.F 1. The minimum compressive strength shall be 4000 psi for an average of 3 units, and 3500 psi for an individual unit. Compressive strength shall be determined by ASTM C42/C42M for wet cast blocks, or by ASTM C140 for dry cast blocks. 2. The maximum water absorption for dry cast units shall be 9 pcf for an average of 3 units, and 12 pcf for an individual unit. Water absorption shall be determined by ASTM C140. B. Salvaged Blocks: Concrete blocks may be salvaged onsite from ABMs specified on the Drawings for removal. Salvaged blocks shall meet the requirements of this specification. HDR Packery Channel Restoration(Project No. H17019) 35 31 19.20-Page 4 of 8 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 C. Contractor-Furnished Blocks: If Contractor elects to furnish new concrete blocks, blocks provided by Contractor may be one of the following products (subject to satisfactory compliance with the requirements of this specification) or another product selected by Contractor that meets the requirements of this specification: 1. Shoreblock BD-500 CC closed cell, interlocking, cabled, preformed concrete, articulating block mats distributed by Shoretec, LLC, 510 O'Neal Lane, Baton Rouge, LA 70819, Tel: (225) 408-1444. 2. Contech/Armortec ArmorFlex 45S closed-cell, interlocking, cabled, preformed concrete, articulating block mats distributed by ArmorFlex Erosion Control Solutions: A Contech Company, 9025 Centre Point Drive, Suite 400 West Chester, OH 45069, Tel: (866) 551-8325. D. Weight: Determine the weight of the mattress per unit area with the nominal joint spacing, in a non-submerged condition. E. Curvature: The curvature radius shall be indicative of the ability of the assembled mattress to conform to one dimensional subgrade curves without binding, such as for anchor trenches and swales. The curvature radius shall be demonstrated,if requested by the OAR. F. Surface Void Ratio: The surface void area ratio shall be determined at the visible (with filled voids) surface of the blocks, with the joints spaced in a neutral position (50%), and shall be expressed as a percentage of the gross mat area. The void area shall include area between the blocks and open cells within the block. 2.02 GEOTEXTILE Refer to Section 31 05 19, "Geotextile Fabric." 2.03 CABLE A. Installation Requirements for Cable: Cable used for preassembled mattresses shall be sufficiently sized and fastened for the size/weight of the assembled mattresses such that the assembled mattresses can be placed in compliance with OSHA standards. The manufacturer shall be responsible for determining the minimum cable strength compatible with the mattress size for safe handling. Cable strength shall be based on a minimum factor of safety of 5, and include appropriate reduction factors for mechanically crimped cable, and other fasteners. If applicable, loading conditions shall include the use of a spreader bar for placing the mattresses. B. Design Requirements for Cable: ABM cables shall be manufactured from polyester wire. The cable shall have a minimum breaking strength of 5000 pounds. Polyester rope shall be constructed of high tenacity, low elongating, continuous filament polyester fibers; and HDR Packery Channel Restoration(Project No. H17019) 35 31 19.20-Page 5 Of 8 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 shall consist of a core construction comprised of parallel fibers contained within an outer jacket or cover. 2.04 FILL MATERIALS A. Onsite Fill Materials: Satisfactory on-site fill materials shall be clean sandy material that is classified as SW, SP, SC, or SM in accordance with ASTM D2487. Soil material that contains brush, sod, other perishable materials, debris, and/or material with unacceptable toxicity levels shall be considered unsatisfactory material. B. Imported Fill Materials: Imported fill shall consist of crushed stone or recycled concrete meeting the following gradation requirements: Retained on 6 inch sieve 0% - 5% Retained on 3 inch sieve 75% - 90% In addition, Bedding Stone, as described in Section 35 31 23, "Graded Riprap," is acceptable for use as fill material. PART 3 - EXECUTION 3.01 BLOCK REMOVAL A. Remove existing ABMs and minimize damage to blocks. Inspect blocks and designate as available for re-use following guidelines in paragraph 1.07, "Removal, Stockpiling, and Re-Use." Cables, hardware, soil anchors, and geotextiles shall not be salvaged for reuse on this project. Stockpile blocks in an appropriate location until reinstallation. Provide new blocks in accordance with"PART 2 --PRODUCTS," if needed. B. Damaged blocks and blocks not planned to be reused on the project shall become property of Contractor and removed from the project site. 3.02 SUBGRADE PREPARATION A. Place the ABM on undisturbed native soils, or acceptably placed and compacted fill. Do not place the ABM on surfaces that contain mud, frost, organic soils, embankment that has not met compaction requirements, or where Engineer determines that unsatisfactory material remains in or under the subgrade. B. Clearing: All vegetation shall be completely removed. Remaining roots from trees and brush shall be removed to a depth of 1 foot below the subgrade surface. Loose roots and twigs, turf clods, stones larger than 1/2 inch diameter, and other debris shall be raked and removed from the final surface. Rills and gullies from erosion shall be corrected. C. Grading: Grading shall be finished to a smooth surface, typical of that obtainable with a dozer and blade, or excavator. A rough surface typically obtained with a backhoe or HDR Packery Channel Restoration(Project No. H17019) 35 31 19.20-Page 6 of 8 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 dragline will not be acceptable. Grading practices shall avoid spreading fine grained soils over more pervious soils, particularly near the toe of slopes. If inadequate material is available to comply with this requirement, OAR shall be notified. Do not leave graded slope exposed for such period of time that erosion is caused by rain, tides, or waves acting near the shoreline. D. Compaction and Subgrade Finishing: Fill placed in the area of the mat subgrade shall be placed in maximum 9 inch lifts, loose measure, and compacted to 90% Standard Proctor Density, per ASTM D698 within ± 3% optimum moisture content. Crushed stone or bedding stone shall be placed as fill where grades are below elevation+3.0 feet NAVD and in areas where erosion or rills occur prior to placement of geotextile and ABM Incidental grading shall be compacted by heavy equipment or by tamping with a bucket to a density characteristic of the surrounding soils. The final surfaces accessible by compaction equipment shall be compacted with a smooth drum roller or vibratory plate tamper until there is no further evidence of consolidation. Where slopes limit operation of compaction equipment, the final surface shall be back-dragged to a dense smooth surface with bladed equipment. Localized loose or soft zones shall be corrected. E. Grade Tolerances: The grading tolerance shall be within 2 inches from the prescribed elevations, with no abrupt variations that would cause unacceptable projections of individual blocks. F. Subgrade Surface Tolerances: The subgrade shall be maintained in a smooth condition between installation of the geotextile and the blocks. Windrows, stones, clods of cohesive soil, and irregularities shall be raked smooth. Ruts, rills and gullies resulting from traffic, precipitation runoff, groundwater seepage, etc. shall be corrected prior to installation of blocks. 3.03 GEOTEXTILE INSTALLATION Refer to Section 31 05 19, "Geotextile Fabric." 3.04 BLOCK INSTALLATION A. All placement of blocks shall be in accordance with the manufacturer's recommendations and the Contractor's approved shop drawings. B. Block Placement: Blocks may be placed by hand or as pre-assembled mattresses. If blocks are placed by hand, cables shall be installed after blocks are placed. Placement of pre- assembled mattresses shall be done with mattresses attached to a spreader bar to aid in lifting, aligning and placing the mattresses. The mattresses shall be placed directly into position, with a maximum space or gap between mattresses of 3 inches in excess of the nominal joint spacing of blocks within the mattress. Mattresses out of alignment shall be lifted and reset. Mattresses shall not be pushed or pulled laterally after they are in contact with the geotextile. No overlapping of mats will be accepted and no blocks shall project vertically more than 1 inch beyond the adjacent blocks. As adjacent mats are placed, they HDR Packery Channel Restoration(Project No. H17019) 35 31 19.20-Page 7 Of 8 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 shall be secured to each other by fastening the protruding horizontal and vertical cable connections and end cable loops together along each side of the mats. C. Tolerances: Maximum acceptable block projections (vertical offset from adjacent blocks) for "installation in the dry" shall not exceed 1.0 inches. Typical block projections shall be less than half the maximum projections. 3.05 CONCRETE JOINTS A. General Requirements: Use of cast-in-place concrete or grout joints shall be minimized to the extent practicable. Engineer shall be informed of all planned concrete joints not shown on shop drawings prior to field placement. Joints that shall require concrete include: 1. Joints between cable-tied mattresses where the joint is 3 inches wider than the nominal joint. 2. Joints where block interlock is discontinuous. 3. Abutments where the ABM meets walkways, riprap, drainage intakes, headwalls, pipe inlets, or pipe penetrations. 4. Any areas where there are partial blocks (to avoid small blocks with reduced hydraulic stability). B. Field placed grout shall be coarse and proportioned in accordance with ASTM C476. Field placed concrete shall be provided in accordance with ASTM C94. Grout/concrete shall have a minimum compressive strength of 3,000 psi at 28 days. All cable ties and anchoring shall be completed prior to placing concrete. C. Abutments: The ABM shall abut concrete walkway, riprap, drainage intakes, headwalls, pipe inlets,pipe penetrations, and other abutments and adjacent grade in a neat appearance. Unless a specific detail is indicated on the drawings,voids shall be filled with partial blocks and the gap shall be filled with cast-in-place grout/concrete. The grout/concrete shall be installed flush with the surface of the blocks, and shall be float finished. 3.06 PROTECTION OF WORK Work shall be protected against damage from subsequent operations. Displaced or broken blocks shall be removed and replaced to conform to all requirements of this section. Damaged material shall not be incorporated. Equipment shall not be allowed on the ABM that could crack, cause abrasion, or otherwise damage the blocks. Vehicles shall not operate directly on geotextile. END OF SECTION HDR Packery Channel Restoration(Project No. H17019) 35 31 19.20-Page 8 of 8 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DIVISION 35 00 00—WATERWAY AND MARINE CONSTRUCTION SECTION 35 3123—GRADED RIPRAP PART 1 —GENERAL 1.01 DESCRIPTION OF WORK The work includes furnishing materials, labor, and equipment for construction of stone (Graded Riprap (GRR) and Bedding Stone) structures in accordance with these specifications and applicable drawings. 1.02 RELATED SECTIONS Section 0129 01, "Measurement and Basis for Payment' Section 01 41 26, "Permit Requirements" Section 35 00 01, "Construction Surveying" Section 35 05 19, "Geotextile Fabric" Section 35 16 60, "Environmental Protection Measures" Section 35 48 30, "Protection of Sea Turtles" 1.03 REFERENCES Publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. A. American Society for Testing and Materials (ASTM)Publications C 117 Standard Test Method for Materials Finer than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing C 136 Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates C 535 Standard Test Method for Resistance to Degradation of Large-Size Course Aggregate by Abrasion and Impact in the Los Angeles Machine D 75 Standard Practice for Sampling Aggregates D 1140 Standard Test Method for Amount of Material in Soils Finer than the No. 200 (75-µm) Sieve D 3740 Standard Practice for Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction D 5519 Standard Test Method for Particle Size Analysis of Natural and Man- Made Riprap Materials HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 31 23-Page 1 of 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 D 6092 Standard Practice for Specifying Standard Sizes of Stone for Erosion Control D 6473 Standard Test Method for Specific Gravity and Absorption of Rock for Erosion Control E 329 Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction 1.04 SUBMITTALS Submittals under this section include the following: 1. Name, Location, and Historical Quality Reports from Quarry (Paragraph 1.06.C) 2. Qualifications/Certifications for Sampling/Testing Agency (Paragraph 1.06.C) 3. Stone Quality and Test Report Schedule and Stone Delivery Schedule (Paragraph 1.06.C) 4. Stone Quality Test Reports (Paragraph 1.06.C) 5. Stone Gradation Test Reports (Paragraph 1.06.C) 6. Stone Gradation Test Methodology Description (Paragraph 1.06.C) 7. Daily Activities Reports (Paragraph 1.06.13) 8. Barge Control Plan (Paragraph 1.07) 9. Initial Survey (Section 35 00 01, "Construction Surveying") 10. Final Survey (Paragraph 3.04) 1.05 STORAGE OF CONSTRUCTION MATERIALS Construction materials unloaded from the barges, trucks, and/or railroad cars that cannot be immediately used for construction shall be stored in areas prepared by Contractor to be relatively smooth in order that all of the stored material may later be recovered free from dirt or other foreign materials. 1.06 QUALITY CONTROL/ QUALITY ASSURANCE A. Permits: Refer to Section 01 41 00, "Regulatory Requirements." B. Environmental Protection Requirements: Refer to Section 01 16 60, "Environmental Protection Measures," and Section 35 48 30, "Protection of Sea Turtles." C. Materials Testin&: 1. Contractor/Quarry shall provide all equipment and facilities for testing construction materials. 2. Acceptable stone shall meet the quality acceptance criteria in paragraph 2.01.A when tested in accordance with the procedures listed below: a. Sampling of the stone shall be performed in accordance with ASTM D 75. b. The absorption of stone shall be determined in accordance with ASTM D 6473. HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 31 23-Page 2 of 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 c. The unit weight of stone shall be provided based on the apparent specific gravity determined in accordance with ASTM D 6473. d. The loss by abrasion of stone shall be determined in accordance with ASTM C 535, processed and tested for No. 1 grading. e. The gradation of GRR shall be determined in accordance with ASTM D 5519, Test Method C. f The gradation of Bedding Stone shall be determined in accordance with ASTM C 136 and ASTM C 117. 3. Throughout the duration of the work, Contractor/Quarry shall inspect, sample, and test construction materials for compliance with the specified requirements and record the inspection of all operations. All sampling and testing shall be performed by a qualified testing laboratory meeting the requirements of ASTM D 3740 and ASTM E 329, or a commercial testing facility qualified by U.S. Army Corps of Engineers (USACE) Materials Testing Center (MTC). A copy of the records of inspection, as well as the records of corrective action taken, shall be provided to Engineer. As a minimum, Contractor/Quarry shall perform quality control inspection and testing in accordance with the following requirements and Table 1. a. Gradation: GRR sample sizes shall consist of at least 50 stones per test and weigh at least 10 tons per test. Refer to paragraph 2.01 for gradation requirements. b. Quality: Refer to paragraph 2.01 for quality requirements. c. Placement: Continuous inspection of placement to ensure proper thickness and that material is not segregated. Refer to paragraph 3.02 for placement requirements. 4. Prior to performing quality or gradation testing of stone, Contractor shall provide at least 3 days advance notice, in writing, so that Engineer may have the opportunity to attend and observe the testing. Contractor shall conduct gradation tests at the quarry, not at the project site. 5. Table 1 provides required submittals associated with stone quality for Bedding Stone and GRR. Detailed descriptions of submittals are below. HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 31 23-Page 3 of 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Table 1. Stone Submittal Schedule. Stone Submittal Submittal Description Required Submission Timeframe Number Name, Location, and 1 Historical Quality Reports Prior to Pre-Construction Conference. from Quarry 2 Testing Laboratory Prior to Pre-Construction Conference. Qualifications 3 Stone Delivery, Staging, Prior to transport or delivery of any and Testing Schedule stone from quarry. With or after stone delivery, staging, 4 Stone Quality and and testing schedule but prior to Gradation Test Report 1 transport or delivery of any stone from quarry. Stone Quality and After approximately 1/3,d of total stone 5 Gradation Test Report 2 quantity has been shipped from quarry, but prior to any subsequent shipment. Stone Quality and After approximately 2/3,d of total stone 6 Gradation Test Report 3 quantity has been shipped from quarry, but prior to any subsequent shipment. 6. Stone Submittal 1: Contractor shall provide the name and location of the quarry that will be the source of the stone for the project. Contractor shall also provide historical quality reports from the selected quarry to determine the acceptability of the stone from the proposed source. Historical quality reports are not considered suitable alternatives to the quality and gradation reports required during construction. Quality and gradation reports during construction shall be from new tests performed on actual stone to be used on the project. 7. Stone Submittal 2: Qualifications of proposed stone testing laboratory shall be submitted. 8. Stone Submittal 3: Prior to commencing stone delivery to project site, Contractor shall submit a stone delivery, staging, and testing schedule, and a description of the planned gradation test procedure. The schedule shall describe when stone quality and gradation testing will be performed to ensure that test results are available for Engineer's review prior to stone being shipped from the quarry. A minimum of 3 quality and 3 gradation tests are required are required for each stone type (Bedding Stone and GRR) and shall be provided at specified intervals to ensure compliance with quality and gradation requirements. For each stone type, the first quality and gradation test reports shall be performed, submitted, and reviewed by Engineer prior to delivery of any stone. The remaining quality and gradation tests shall be performed, submitted, and reviewed by Engineer at approximately 1/3 rd and 2/3 rd of total stone quantity shipment(of each stone type) from quarry. 9. Stone Submittals 4-6: Contractor shall obtain Engineer's review and confirmation of compliance of gradation and quality tests prior to shipment of stone in the increments stated in Table 1. If a single shipment of stone is planned to encompass multiple increments, Contractor shall submit the required number of test submittals and receive review and confirmation of compliance prior to shipment of stone from HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 31 23-Page 4 of 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 quarry. Contractor may request variations to timeframes in Table 1 in stone delivery, staging, and testing schedule. D. Daily Activities Reports: Contractor shall provide a daily record of activities. Daily reports shall include approximate quantity (including tonnage or volume of stone transported from quarry) and locations of stone placement, and percent project completion. 1.07 BARGE CONTROL PLAN A. Prior to mobilization, Contractor shall prepare and submit a Barge Control Plan describing measures to prevent allisions with, and damage to, the SH361 bridge, including existing riprap scour protection under the bridge. In addition to describing preventative measures, the plan shall describe emergency measures and actions to be implemented should an allision or damage occur. This plan is subject to approval from the Texas Department of Transportation. B. The Barge Control Plan shall contain documentation of pre-construction condition of bridge including photography and surveys. Pre-construction surveys shall include multibeam bathymetric and side-scan sonar surveys under the bridge (refer to Section 35 00 01, "Construction Surveying," for surveying requirements). C. Upon completion of construction, Contractor shall provide photographs and surveys to document that bridge is in the same condition (undamaged) that existed prior to construction. Post-construction surveys shall include multibeam bathymetric and side- scan sonar surveys under the bridge. D. All costs associated with protection of bridge shall be borne by Contractor. Should Contractor damage bridge, all costs associated with repairs shall be borne by Contractor. PART 2—PRODUCTS 2.01 STONE MATERIAL A. Stone: All stone shall be a durable natural stone. It shall be free from visible fractures, shale partings, cracks, overburden soil, clay pockets, cavities (vugs or "honeycombs"), laminations, and other defects that would tend to increase unduly its deterioration from natural causes. Stone shall not include objectionable quantities of dirt, sand, clay, and/or rock fines. Stone tested at the quarry shall have a maximum percent chips and fragments by weight of 5%, where chips and fragments are defined as pieces of stone lighter than 20 lb. Stone shall comply with quality parameters in Table 2. Table 2. Stone Quality Parameters. Parameter Value Max/Min Unit Weight 155 PCF Min Absorption 3% Max Loss by Abrasion 36% Max HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 31 23-Page 5 of 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 The stone shall be reasonably well graded and shall include essentially all stone sizes between the two extremes specified which will result in a dense, fairly well-graded material not having noticeable voids or a lack of the larger sizes. Bi-modal or gap graded stone gradation test results may result in rejection of the stone material. GRR and Bedding Stone size ranges (gradations) shall conform to the requirements specified in Tables 3, 4, and 5, and in Figures 1, 2, and 3, in accordance with ASTM 6092. Gradation test results that begin on the coarse side of the curve and end up on the fine side of the curve shall be considered "skip-graded" and will not be accepted. Table 3. Gradation Limits for FS-2 Bedding Stone. Sieve Designation Percent Lighter than the Mass Specified 2 inch 100 3/ inch 85-100 No. 4 15-50 No. 100 0-15 U.S.STANDARD SIEVE OPENING IN INCHES U.5.STANDARD SIEVE NUMBERS ICV F, 4 3 . P 1 's 1 6 8 .:L :'l 70 100 140 200 0 I I I� I I I l �I l� 40 _ 10 80 20 70 30 Gradation Limits for X 60 40 Filter/Bedding Stone FS-2 m Sieve Designation Percent Finer W so Alternative Standard By Mass GRADATION LIMITS s0 2 in. 50.0 mm 100 " W 40 314 in. 19.0 mm 85 to 100 60 u CL No. 4 4.75 mm 15 to 50 sa06 No. 100 150 pm 0 to 15 7D 20 80 t0 90 0500 100 50 10 1 0.5 0.1 100 GRAIN SIZE IN MILLIIAkTENiS GRADATION CURVES Figure 1. Graphical Gradation Limits for FS-2 Bedding Stone. HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 31 23-Page 6 of 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Table 4. Gradation Limits for R-20 GRR. Particle Mass, Ib Percent Lighter than the Mass Specified 45 100 20 50-100 10 15-50 2 0-15 RIPRAP GRADATION CURVES 0 0 0 0 0 0 0 0 0 o MASS OF STONE IN POUNDS 00 0 0 0 0 Q o 0 0 0 0 0 0 0 o Q Q o 5 c o 0 C. 0 C. 0 0 100 m M1 S v ? r.i tv a, ca h 10 1 4 N a, CO r` 'D 9i) Gradai Limits for Riprap R-20 Ln w0 Particle Mass Percent Lighter Than >_ 7 Pounds(Kilograms) The Mass Specified I 00 45 (20) 100 z s0 20 (9.1) 50 to 100 Gradation Limits .LL. 10 (4.5) 15 to 50 . . 40 2 (0.9) 0 to 15 — u+ 30 u , W 20 o. 10 D Figure 2. Graphical Gradation Limits for R-20 GRR. Table 5. Gradation Limits for R-700 GRR. Particle Mass, Ib Percent Lighter than the Mass Specified 1,500 100 700 50-100 300 15-50 60 0-15 0 0 0 0 0 0 0 0 0 o MASS OF STONE IN POUNDS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 © o 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 100 W w c n N o w w e m r v w n o n v m ry ll Partdation Limits for Riprap R-700 CA a 90 c Mass Percent Lighter Than 80 y70 I ` Pounds(Kilograms) The Mass Specified 60 1500 (680) 100 z I I - I Fl� ( 700 (320) 50 to 100 50 Gradation Limits 300 (140) 15 to 50 40 60 (27) 0 to 15 w 30 ---- i a20 _... _ _ ,.. W 10 Q . . .......-_ .._....:._ Figure 3. Graphical Gradation Limits for R-700 GRR. HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 31 23-Page 7 of 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 B. GRR Shape: For GRR, the greatest dimension of each stone shall not be more than three times its least dimension. The faces of individual stones shall be roughly angular, not rounded, in shape. C. Stone Color: Stone color shall generally match the existing riprap in Reach 2 at Packery Channel. Significant variation in color (e.g., dark gray or black stone) may result in rejection of the stone. PART 3—EXECUTION 3.01 COORDINATION WITH QUARRY Contractor shall be knowledgeable of the methods used at the quarry to produce the stone gradations specified, especially the effects of repeated handling. Contractor shall coordinate with the quarry and use loading and unloading methods that ensure that required gradations are maintained and provided for placement. 3.02 STONE PLACEMENT A. General: Stone shall be placed over the prepared subgrade and geotextile fabric within the limits indicated on the drawings. B. Placement: The GRR layer shall be constructed as indicated on the drawings, and include the following characteristics: 1. A placement technique and drop height less than 1 foot shall be used that will not damage the geotextile materials. 2. Contact between individual stones shall be maximized on all sides. Each stone shall have at least three (minimum)points of contact with other stones. 3. GRR shall be placed and spread in such a manner that the various stone sizes produce a relatively uniform surface and a completed layer that is a reasonably well-graded, compact mass of rock with minimal percentage of voids. Smaller stones shall be placed as required to produce a relatively uniform finished outer surface. 4. Actual GRR limits shall be such that the finished surface of GRR is within the specified tolerance limits. Requirements with respect to the finished GRR crest elevation, crest width, and side slopes are provided in the drawings. 3.03 MISPLACED MATERIALS If any stone is deposited elsewhere than in places designated or approved, the Contractor may be required to remove such misplaced material and redeposit it where directed at no additional cost to the owner. HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 31 23-Page 8 of 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 3.04 SURVEYING AND ACCEPTANCE A. General: Contractor shall provide initial and final surveys, as described in Section 35 00 01, "Construction Surveying," for measurement and acceptance of Bedding Stone and GRR placement. B. Acceptance Criteria: Acceptance of the Bedding Stone and GRR shall be based on field observations and review of the interim and final surveys by OAR and Engineer to verify that the Bedding Stone and GRR meets the limits and tolerances specified in the drawings and the requirements of paragraph 3.02. 3.05 CLEANUP Upon completion of the work, all plant, including ranges, buoys, stakes, piles, excess stone, and other markers or obstructions placed by or for Contractor shall be promptly removed. END OF SECTION HDR(10130118) Packery Channel Restoration(Project No.H17019) 35 31 23-Page 9 of 9 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DIVISION 35 00 00 SECTION 35 48 30—PROTECTION OF SEA TURTLES PART 1— GENERAL 1.01 DESCRIPTION OF WORK This section covers protection of sea turtles during construction operations under this Contract and as part of the work specified in other specification sections. 1.02 RELATED SECTIONS Section 35 16 60—Environmental Protection Measures Section 35 3123 —Graded Riprap 1.03 REFERENCES Publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation"USACE Permit"only. U.S. Army Corps of Engineers (2020). Permit No. SWG-2019-00062; Nationwide Permit Verification. 1.05 QUALITY ASSURANCE A. Permit Requirements: U.S.Army Corps of Engineers (USACE)Permit No. SWG-2019-00062 is included under Appendix 1. Contractor shall review this permit and all attachments in detail prior to commencing work. Omission of any sea turtle protection requirements in this specification does not relieve Contractor's obligation to fully comply with the USACE permit for this project. B. Awareness of Construction Personnel: 1. Contractor shall instruct construction personnel of potential presence of sea turtles and the need to avoid impacts to turtles. Construction personnel shall be advised that there are civil and criminal penalties for harming,harassing, or killing sea turtles which are protected by the Endangered Species Act of 1973. Contractor shall be held responsible for any turtles harmed, harassed, or killed as a result of construction activities that are not conducted in accordance with these specifications and associated permits. 2. Contractor's proposed crews for direct work in Packery Channel or on the Gulf beach shall attend a half-day training session at least 60 days prior to initiation of construction activities or scheduled class times set by the Padre Island National Seashore (PAIS). The training sessions will be coordinated by Owner, the National Park Service (NPS), and U.S. Fish and Wildlife Service (USFWS)personnel staff to learn how to identify nesting sea turtles and what actions should be taken if turtles are observed. All individuals involved in construction activities in Packery Channel and/or along the Gulf Beach will be provided and shall become familiar with information on the identification, status, and habitat utilization of relevant species. HDR(10 130118) 35 48 30-Page 1 of 3 Packery Channel Restoration(Project No.H17019) DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 PART 2—PRODUCTS (NOT USED) PART 3—EXECUTION 3.01 ENDANGERED SPECIES OBSERVER(S) A. The following provisions apply to any site access, equipment staging, and/or work activities that occur on the Gulf beach during turtle nesting season between March 15 and October 1. 1. Owner will conduct daily turtle patrols on the Gulf beach. Owner's patroller will inspect the beach for nesting sea turtles, nests and hatchlings adjacent to and along construction access corridors and active work areas.No construction equipment shall enter a new work area until initial turtle survey has been performed and Contractor has been notified by the patroller that area is clear. Temporary suspension, delay, or interruption of work incurred while waiting for an area to be cleared by Owner's patroller shall not be construed as Standby Time,nor be just cause for additional compensation. 2. If a sea turtle(live or dead),turtle egg,or nest is located,Work activities shall immediately cease within 100 ft of turtle/nest, Engineer shall be notified, and the Sea Turtle Science Recovery Team shall be notified at Padre Island National Seashore (1-866-TURTLE-5)to report the sighting. 3. All turtles,turtle nests,or turtle eggs found within the work area shall be safeguarded until they can be relocated by Regulatory or other authorized personnel. Contractor shall not handle dead/stranded sea turtles. 4. Outside of the immediate work area, ruts and berms created by Contractor's equipment shall be smoothed out each day so that turtle tracks can be better identified and to prevent small turtles from becoming entrapped. If ruts are to be smoothed by non-manual means, Contractor shall request Owner's patroller to check for nesting turtles or tracks prior to smoothing the area. 5. During turtle nesting season, no equipment shall be staged on the beach overnight except within the staging area shown on the Drawings. 3.02 INCIDENTAL TAKES A. General: Should an incidental sea turtle take(injury or killing) occur as a result of Work, Work shall cease and Owner and Engineer shall be notified immediately. B. Notification: In the event that any Work causes the direct take of a sea turtle,hatchling,and/or eggs, Contractor shall immediately notify the USACE Corpus Christi Regulatory Field Office (CCRFO);USFWS Ecological Field Office(Dayma_WasmundAfws.gov—,361-225-7318);and the Sea Turtle Science and Recovery Program (Dr. Donna Shaver, 1-866-TURTLE-5). 3.03 RESTRICTIONS ON LIGHTING A. Contractor shall be aware that March 15 through October 1 is sea turtle nesting and emergence season.Use of night lights shall be minimized during this timeframe.All lights shall be directed HDR(10 130118) 35 48 30-Page 2 of 3 Packery Channel Restoration(Project No.H17019) DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 towards the immediate Work area and shielded from direct view outside of the immediate Work area. Lighting shall be limited to the minimal lighting necessary to comply with U.S. Coast Guard and OSHA requirements. END OF SECTION HDR(10 130118) 35 48 30-Page 3 of 3 Packery Channel Restoration(Project No.H17019) DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 APPENDIX 1 U.S. ARMY CORPS OF ENGINEERS PERMT DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 ` DEPARTMENT OF THE ARMY U.S.ARMY CORPS OF ENGINEERS,GALVESTON DISTRICT 5151 FLYNN PARKWAY,SUITE 306 - CORPUS CHRISTI,TEXAS 78411-4318 October 7, 2020 Corpus Christi Regulatory Field Office SUBJECT: Permit No. SWG-2019-00062; Nationwide Permit Verification City of Corpus Christi Attn: Mr. Keith Selman P.O. Box 9277 Corpus Christi, Texas 78469 Dear Mr. Selman: This is in reference to your request, dated January 29, 2020, submitted on your behalf by HDR Engineering, Inc., to perform maintenance on the shoreline stabilization structures along Packery Channel. Three reaches were identified along Packery Channel. Maintenance activities in Reach 1 will include replacing displaced armor stone along the jetties. The jetty stones will be reset from the water using a crane mounted on a barge. Maintenance activities in Reach 2 will consist of resetting displaced riprap and adding more riprap to reinforce bank stability. Approximately 6,000 cubic yards of riprap will be placed within Reach 2 to stabilize 1,700 linear feet along the north and south banks of the channel. Maintenance in Reach 3 will include the removal of damaged articulated block mattress revetment where necessary, placement of bedding stone along the side slope to re-shape the bank slope, and the replacement of riprap revetment for improved stability. Approximately 75,000 cubic yards of riprap revetment will be placed along 7,100 linear feet along the north and south banks in Reach 3. Repairs along the north bank may require temporary construction access that will include wooden mats within an approximate 0.1-acre portion of the emergent wetland. Additional maintenance activities will include fixing the damaged walkways and cables that run along the north and side banks of the channel, and construction of a 12-foot wide and 2,500 linear foot drainage ditch within uplands on the south side of the channel to prevent further failure of the walkway during storms from surface runoff. The project will have two temporary staging areas. One staging area will be located on the north side of Packery Channel within the existing parking lot located at the boat ramp accesses from Zahn Road. The other staging area will be located on the south side of Packery Channel where temporary access route would be established on the beach from Access Road 3a to a temporary staging area located where the beach terminates at Packery Channel. An additional access point would be located off SH 361 on the south bank of the channel and before reaching the Packery Channel overpass. The project site is in the Packery Channel from the mouth of the channel in the Gulf of Mexico and extends inland to State Highway 361 Bridge in Corpus Christi, Nueces County, Texas. DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 -2- This request is verified by Nationwide Permit (NWP) 13 pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. This NWP verification is valid provided the activity is compliant with the enclosed plans, in 8 sheets. In addition, the activity must be in compliance with the NWP General/Regional Conditions, Section 401 Water Quality Certification, and the Coastal Management Program, which can be found at: http://www.swq.usace.army.mil/Business-With- Us/Regulatory/Perm its/Nationwide-General-Perm its/. A hard copy can be provided to you upon request. NWP 13. Bank Stabilization: Authorizes activities necessary for erosion control or prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment, gabion baskets, stream barbs, and bulkheads, or combinations of other methods. We have determined the proposed activity would comply with all the terms and conditions of NWP 13 and that the adverse environmental effects of the proposed project would be minimal both individually and cumulatively. Therefore, in this case, we are waiving the activity being more than 500 foot in length along the banks. The NWP verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2022. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. The following special condition has been added to your authorization: 1. This Corps permit does not authorize the taking of an endangered species. In order to legally take a listed species, the Permittee must have separate authorization under the ESA (e.g., an ESA section 10 permit, or a BO under ESA section 7, with "incidental take" provisions with which you must comply). The attached FWS letter of concurrence, dated 4 August 2020, contains conservation measures and terms and conditions to implement the reasonable and prudent measures that are necessary to assure that threatened and endangered species are not adversely affected. Failure to comply with the terms and conditions will constitute non- compliance with the Permittee's Corps permit. However, the FWS is the appropriate authority to determine compliance with the terms and conditions of its letter of concurrence, and with the ESA. For further clarification on this point, the Permittee should contact the FWS. Should the FWS determine that the conditions of the letter DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 -3- of concurrence have been violated, normally the FWS will enforce the violation of the ESA, or refer the matter to the Department of Justice. This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. If you have any questions, please contact Emily Edwards at the letterhead address or by telephone at 361-814-5847 ext. 1007. Please notify the Corpus Christi Regulatory Field Office, in writing at the letterhead address, upon completion of the authorized project. FOR THE DISTRICT COMMANDER: HUDSON.JAYSON.M Digitally signed by ATTHEW.1 24198J5 HUDSON.JAYSON.MATTHEW.11 24198751 Date:2020.10.07 13:52:20-05'00' Robert W Heinly Chief, Policy Analysis Branch cc w/Encl. HDR Engineering Incorporated, Ms. Nicole Davis 555 North Carancahua Street, Suite 1600 Corpus Christi, Texas 78401 Eighth Coast Guard District, New Orleans, LA National Oceanic and Atmospheric Administration (NOAH), National Ocean Service (NOS), Coast & Geodetic Survey, Silver Spring, MD Texas Commission on Environmental Quality Texas General Land Office SWG-2019-00062; Page 1 of 8 FOR PERMIT COORDINATION ONLY - NOT FOR CONSTRUCTION PROJECT LOCATION NOTES: TLAND COPANO N BAY ROCKPORT ARA AS PAS AS C OVERALL SITE PLAN CORPUS CHRISTI VICINITY MAP 1. AERIAL PHOTOGRAPH WAS OBTAINED FROM BING MAPS HYBRID AND FGDC GEOSPATIAL METADATA VERSION FGDC-STD-001-1998 ON 08/30/2017. PROJECT SITE (PACKERY CHANNEL) LOCATION MAP PRELIMINARY THIS DOCUMENT IS RELEASED FOR THE PURPOSE DF INTERIM REVIEW AND IS NOT INTENDED TO BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. ENGINEER: DANIEL J. HEILMAN LICENSE NO.: 86936 DATE 01-15-2020 Texas P.E. Firm Registration No. F-754 ACTIVITY: PACKERY CHANNEL MAINTENANCE AND REPAIRS - NWP 13 APPLICANT: CITY OF CORPUS CHRISTI (SWG-2019-00062) DATE: 01-15-2020 HDR PROJECT NO: 10130118 DATUM: NAVD 88' REV. DATE: SHEET 1 OF 8 FOR COE USE ONLY PERMIT APPLICATION NO • APPLICANT NAME: SHEET OF THIS DRAWING IS FOR REGULATORY PURPOSES ONLY AND IS NOT TO BE USED FOR BIDDING OR CONSTRUCTION b6£BaaZd63£b-886d-Z9£b-da6b-LVZ3£888:al adolanu3 u618nooa SWG-2019-00062; Page 2 of 8 FOR PERMIT COORDINATION ONLY - NOT FOR CONSTRUCTION PACKERY CHANNEL BOAT RAMP PARKING LOT REACH 2 (SEE SHEET 4 FOR PROPOSED WORK) REACH 3 (SEE SHEET 5 FOR PROPOSED WORK) WETLANDS REACH 1 (SEE SHEET 3 FOR PROPOSED WORK) PACKERY CHANNEL LAKE PADRE ISLAND ESTATES LAKE PADRE ISLAND ESTATES GULF OF MEXICO TEMPORARY BEACH ACCESS ROUTE OOVERALL SITE PLAN 0 400' 600' NOTES: 1. BOUNDARY OF WETLANDS ADJACENT TO CONSTRUCTION AREAS WILL BE DELINEATED WITH A SILT FENCE PRIOR TO CONSTRUCTION. CONSTRUCTION ACCESS THROUGH WETLANDS WILL BE AVOIDED, OR WILL BE LIMITED TO THE MINIMUM AREAS NECESSARY TO COMPLETE THE WORK IF LIMITED ACCESS THROUGH WETLANDS I5 REQUIRED, CONSTRUCTION EQUIPMENT WILL OPERATE ON TEMPORARY TIMBER MATS WITHIN WETLANDS LEGEND REACH 1 (1,630 LF) - REACH 2 (B20LF) - REACH 3 (3,230 LF) PRELIMINARY THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW AND B NOT INTENDED TO BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. ENGINEER: DANIEL J. HEILMAN LICENSE NO.: 85936 DATE: 01-15-2020 Texas P.E. Firm Registration No. F-754 ACTIVITY: PACKERY CHANNEL MAINTENANCE AND REPAIRS - NWP 13 APPLICANT: CITY OF CORPUS CHRISTI (SWG-2019-00062) DATE: 01-15-2020 HDR PROJECT NO: 10130118 DATUM: NAVD 88' REV. DATE: SHEET 2 OF 8 FOR COE USE ONLY L PERMIT APPLICATION NO � APPLICANT NAME: SHEET OF THIS DRAIMNG IS FOR REGULATORY PURPOSES ONLY AND IS NOT TO BE USED FOR BIDDING OR CONSTRUCTION b6£BaaZd63£b-886d-Z9£b-da6b-LVZ3£888:al adolanu3 u618nooa SWG-2019-00062; Page 3 of 8 FOR PERMIT COORDINATION ONLY - NOT FOR CONSTRUCTION Permitted Plans GULF OF MEXICO ENLARGED SITE PLAN - Q._) CHANNEL REACH 1 2 0 200' 400' I NOTES: 1. PROPOSED WORK IN REACH 1 CONSISTS OF RE -SETTING LOOSE ARMORSTONE BLOCKS ALONG JETTY. APPROXIMATELY 100 BLOCKS WILL BE RE -SET TO THEIR ORIGINAL LOCATION. THESE BLOCKS WERE SHIFTED BY HURRICANE HARVEY AND OTHER PREVIOUS STORMS. DISPLACED ARMOR BLOCKS TO BE RE -SET, ITYP DISPLACED ARMOR BLOCKS TO BE RE -SET, TYP 2 EXAMPLE OF ARMORSTONE BLOCKS TO BE RE -SET 0 15' 30' mmd PRELIMINARY THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW AND IS NOT INTENDED TO BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. ENGINEER: DANIEL J. HEILMAN LICENSE NO.: 86936 DATE: 01-15-2020 Texas P.E. Firm Registration No. F-754 ACTIVITY: PACKERY CHANNEL MAINTENANCE AND REPAIRS - NWP 13 APPLICANT: CITY OF CORPUS CHRISTI (SWG-2019-00062) DATE: 01-15-2020 HDR PROJECT NO: 10130118 DATUM: NAVD 88' REV. DATE: SHEET 3 OF 8 FOR COE USE ONLY PERMIT APPLICATION NO CND APPLICANT NAME' r-„) CD ra SHEET OF THIS DRAWING IS FOR REGULATORY PURPOSES ONLY AND IS NOT TO BE USED FOR BIDDING OR CONSTRUCTION b6£BaaZd63£b-886d-Z9£b-da6b-LVZ3£888:al adolanu3 u618nooa SWG-2019-00062; Page 4 of 8 FOR PERMIT COORDINATION ONLY - NOT FOR CONSTRUCTION Permitted Plans WETLANDS j (TYP.) TEMPORARY IMPACTED AREA WALKWAY-\ 1.- •-•l •I••.•I. •• LANDSI.. - - .z:�:= JETTY !?!%- f i IIII 311011 ti111111f11 1 i11 t 11111111011W.`• 0 d 1ce%11ih10ii •1i1i1i5�' ENLARGED SITE PLAN - OCHANNEL REACH 2 z o 200' 400' EL +5.25'± NAVD88 \ PLACE/RE-SETARMOR STONE ALONG UPPER SLOPE 10'± p MLLW ti EL. 0'± NAVD88 3 .011 F PLACE RIPRAP ALONG BASE TO RESTORE AREAS WHERE JE 1 1 Y HAS EXPERIENCED TOE SCOUR ••i00, ii• EXISTING BLANKET STONE APPROXIMATE EXISTING GRADE OTYPICAL SECTION - REACH 2 SCALE: NTS NOTES: 1. PROPOSED WORK IN REACH 2 CONSISTS OF RE -SETTING LOOSE RIPRAP AND PLACING NEW RIPRAP ALONG TOE OF EXISTING BANK PROTECTION. LEGEND: BANK PROTECTION (LANDSIDE JETTIES) REPAIRS (APPROXIMATELY 1,700 LF) PRELIMINARY THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW AND IS NOT INTENDED TD BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. ENGINEER: DANIEL J. HEILMAN LICENSE ND.: 86936 DATE: 01-15-2020 Texas P.E. Firm Registration No. F-754 ACTIVITY: PACKERY CHANNEL MAINTENANCE AND REPAIRS - NWP 13 APPLICANT: CITY OF CORPUS CHRISTI (SWG-2019-00062) DATE: 01-15-2020 HDR PROJECT NO: 10130118 DATUM: NAVD 88' REV. DATE: SHEET 4 OF 8 FOR COE USE ONLY PERMIT APPLICATION NO.: APPLICANT NAME SHEET OF THIS DRAWING IS FOR REGULATORY PURPOSES ONLY AND IS NOT TO BE USED FOR BIDDING OR CONSTRUCTION N Na b6£BaaZd63£b-886d-Z9£b-da6b-LVZ3£888:al adolanu3 u618nooa SWG-2019-00062; Page 5 of 8 FOR PERMIT COORDINATION ONLY- NOT FOR CONSTRUCTION Permitted Plans - PACKERY CHANNEL BOAT `1 RAMP PARKING LOT WALKWAY REPAIRS PACKERY CHANNEL WALKWAY REPAIRS LTEMPORARY IMPACTED AREA (TYP. ) WALKWAY REPAIRS '.12,500 LF DRAINAGE DITCHH ... (TYP.) (TYP.) (TYP.) LAKE PADRE ISLAND ESTATES NOTES: 1. PROPOSED WORK IN REACH 3 CONSISTS OF THE FOLLOWING: • REMOVAL OF DAMAGED ARTICULATING BLOCK MAT (ABM) REVETMENT AND CONCRETE WALKWAY ALONG PORTIONS OF NORTH AND SOUTH BANK. • PLACEMENT OF RIPRAP TO REPAIR/IMPROVE EXISTING BANK PROTECTION. • REPAIRS TO CONCRETE WALKWAY ALONG BANK. • CONSTRUCTION OF DRAINAGE DITCH AND STORM DRAIN OUTFALLS ALONG SOUTH BANK. LEGEND: BANK PROTECTION REPAIRS (REVETMENT) (APPROXIMATELY 7,100 LF) 2,500 LF DRAINAGE DITCH 2,350 LF SIDEWALK REPAIRS STORM DRAIN OUTFALLS ?LAKE PADRE j, ISLAND ESTATES ' .f ENLARGED SITE PLAN - CHANNEL REACH 3 1"= 400' tri PRELIMINARY THIS DOCUMENT IS RELEASED FOR THE PURPOSE DF INTERIM REVIEW AND IS NOT INTENDED TO BE USED FOR CONSTRUCTION, BIDDING DR PERMIT PURPDSES. ENGINEER: DANIEL J. HEILMAN LICENSE NO.: 86936 DATE 01-15-2020 Texas P.E. Firm Registration No. F-754 ACTIVITY: PACKERY CHANNEL MAINTENANCE AND REPAIRS - NWP 13 APPLICANT: CITY OF CORPUS CHRISTI (SWG-2019-00062) DATE: 01-15-2020 HDR PROJECT NO: 10130118 DATUM: NAVD 88' REV. DATE: SHEET 5 OF 8 FOR COE USE ONLY PERMIT APPLICATION NO • APPLICANT NAME' SHEET OF THIS DRAWING IS FOR REGULATORY PURPOSES ONLY AND IS NOT TO BE USED FOR BIDDING OR CONSTRUCTION b6£BaaZd63£b-886d-Z9£b-da6b-LVZ3£888:al adolanu3 u618nooa SWG-2019-00062; Page 6 of 8 FOR PERMIT COORDINATION ONLY - NOT FOR CONSTRUCTION Permitted Plans NATURAL GROUND 15'± DRAINAGE DITCH (SOUTH BANK ONLY) 10't 10'± INLET STRUCTURE CONCRETE WALKWAY EL. +5.25't 41444144,40, JrI GEOTEXTILE FABRIC LEGEND: OP- Mt: c. c • • • • • Ndir 1$1014*." tiONNA44. 24"t STORM DRAIN (4 LOCATIONS) 2 DRAINAGE DITCH TO BE LINED WITH CONCRETE BLOCKS OR RIPRAP. DISCHARGE WILL BE ROUTED THROUGH STORM DRAIN OUTFALLS ALONG BANK. NATURAL GROUND 10't CONCRETE WALKWAY 3 11 APPROXIMATE EXISTING GRADE (DAMAGED ABM TO BE REMOVED) 10,t a • • • a *.TrieVilv /111 EL. +5.25't ,� 46,16.1....giri111."' 1111,044# 4* et IL, OP Waprig re tioZ.,11k Alttyv'vvvv MLLW RIPRAP 1Et CHANNEL APPROXIMATE EXISTING GRADE EXCAVATE/ BACKFILL RESHAPE SLOPE WITH BEDDING STONE TYPICAL SECTION - REACH 3 SCALE: NTS DAMAGED ABM TO REMAIN ABM ARTICULATING BLOCK MAT 3 1 • MLLW RIPRAP GEOTEXTILE FABRIC APPROXIMATE EXISTING GRADE TOE APRON CHANNEL 10't R..•.•.0...� get OTYPICAL SECTION - REACH 3 SCALE : NTS APPROXIMATE EXISTING GRADE EXCAVATE/ BACKFILL TOE APRON 5 .fai- "":•-.4,4-4&,,,,, • ore.... �• • ... ♦fir; -�Y Y��� PRELIMINARY THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW AND IS NOT INTENDED 70 BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. ENGINEER: DANIEL J. HEILMAN LICENSE NO.: 86936 DATE: 01-15-2020 Texas P.E. Firm Registration No. F-754 ACTIVITY: PACKERY CHANNEL MAINTENANCE AND REPAIRS - NWP 13 APPLICANT: CITY OF CORPUS CHRISTI (SWG-2019-00062) DATE: 01-15-2020 HDR PROJECT NO: 10130118 DATUM: NAVD 88 REV. DATE: SHEET 6 OF 8 FOR COE USE ONLY L PERMIT APPLICATION NO APPLICANT NAME Cg) SHEET OF N O THIS DRAWING IS FOR REGULATORY PURPOSES ONLY AND IS NOT TO BE USED FOR BIDDING OR CONSTRUCTION b6£BaaZd63£b-886d-Z9£b-da6b-LVZ3£888:al adolanu3 u618nooa SWG-2019-00062; Page 7 of 8 FOR PERMIT COORDINATION ONLY - NOT FOR CONSTRUCTION Permitted Plans NATURAL GROUND 15'± DRAINAGE DITCH (SOUTH BANK ONLY) 10'± INLET STRUCTURE LEGEND: CONCRETE WALKWAY 10't EL. +5.25'± NY, avir 3 1 24"±STORM DRAIN (4 LOCATIONS) J DRAINAGE DITCH TO BE LINED WITH CONCRETE BLOCKS OR RIPRAP. DISCHARGE WILL BE ROUTED THROUGH STORM DRAIN OUTFALLS ALONG BANK. ABM ARTICULATING BLOCK MAT APPROXIMATE EXISTING GRADE GEOTEXTILE FABRIC MLLW CHANNEL RIPRAP j': �oiii�ivio.�ii.�i�oaoOii TOE APRON k � • ` = ��l� �ODU�.���014pp1�6V 0.TA A:1%1404640 ;die W. weije• elitg*44 veivAr 10'± APPROXIMATE EXISTING GRADE O`' TYPICAL SECTION SOUTH SHORE - REACH 3 SCALE: NTS EXCAVATE/ BACKFILL PRELIMINARY THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW AND IS NOT INTENDED TO BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES ENGINEER: LICENSE NO.: 66936 DATE 01-15-2020 DANIEL J. HEILMAN Texas P.E. Firm Registration No. F-754 ACTIVITY: PACKERY CHANNEL REPAIRS - NWP 13 APPLICANT: CITY OF CORPUS DATE: 01-15-2020 MAINTENANCE AND CHRISTI (SWG-2019-00062) HDR PROJECT NO: 10130118 DATUM: NAVD 88' REV. DATE: SHEET 7 OF 8 FOR COE USE ONLY PERMIT APPLICATION NO APPLICANT NAME - SHEET OF THIS DRAWING IS FOR REGULATORY PURPOSES ONLY AND IS NOT TO BE USED FOR BIDDING OR CONSTRUCTION b6£BaaZd63£b-886d-Z9£b-da6b-LVZ3£888:al adolanu3 u618nooa SWG-2019-00062; Page 8 of 8 FOR PERMIT COORDINATION ONLY - NOT FOR CONSTRUCTION Permitted Plans 1 PROTECT SEA TURTLES REPORT ENTANGLED, HOOKED, INJURED, DEAD, OR ANY SEA TURTLES ON THE BEACH BY CALLING: (361) 949-8173 R 15 UNLAWFUL TO 'TOUCH. FEED. HARASS OR ATTEMPT TO CATCH SFA TURRES. ALL SEA 10011ES ARE PROTECTED BY FEDERAL AND STATE LAW. PLEASE REPORT VIOLATIONS TOA BEACH 0500AL OR THE POLICE. 2' J PROTECT PIPING PLOVER �- mr iF \Li= REPORT HARASSMENT OF OR DANGER TO PIPING PLOVER ON THE BEACH BY CALLING: (361) 994-9005 R B UNUWM N TOUCH. W. NARA55 OR ATTEMPT 10 CA1PN PWOID PLOKR. ALL PIPING P004 05 ARE P001EClm BY 100[011 AN0 STATE UW. PLBASE REPORT N01Ai10N5 TOA BEACH 101411014 0R THE PWCE 2' J PROTECT RED KNOT 7" aJ' �✓ REPORT HARASSMENT OF OR DANGER TO RED KNOT ON THE BEACH BY CALLING: (361) 994-9005 045UNUWFUL 10 101101, FEID, HMASS OR 011044P110 001 1 RE0 1MDT. 'maNN015 ARE %f0TEC1E0 BY FEDERAL M0 5TA1E LAW. 5011.5E REPORT Y110ADW510 A BEACH 0R THE POLICE 2' NOTES: 1. WARNING SIGNS SHALL BE PLACED AT ENTRANCES TO CONSTRUCTION AREAS. PRELIMINARY THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW AND IS NOT INTENDED TO BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES ENGINEER:_ _ DANIEL J. HEILMAN LICENSE NO.: 86936 DATE: 01-15-2020 Texas P.E. Firm Registration No. F-754 ACTIVITY: PACKERY REPAIRS - APPLICANT: CITY OF DATE: 01-15-2020 CHANNEL MAINTENANCE AND NWP 13 CORPUS CHRISTI (SWG-2019-00062) HDR PROJECT NO: 10130118 DATUM: NAVD 88 REV. DATE: SHEET 8 OF 8 FOR COE USE ONLY PERMIT APPLICATION NO' APPLICANT NAME (� SHEET OF THIS DRAWING IS FOR REGULATORY PURPOSES ONLY AND IS NOT TO BE USED FOR BIDDING OR CONSTRUCTION ^J O ry b6£BaaZd63£b-886d-Z9£b-da6b-LVZ3£888:al adolanu3 u618nooa DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 In Reply Refer To: 02ETTX00-2020- CPA-0014 United States Department of the Interior FISH AND WILDLIFE SERVICE Texas Coastal Ecological Services Field Office 17629 El Camino Real, Suite 211 Houston, Texas 77058 281/286-8282 / (FAX) 281/488-5882 August 4, 2020 Emily Edwards Regulatory Specialist US Army Corps of Engineers Galveston District, Corpus Christi Regulatory Office 5151 Flynn Parkway, Suite 306 Corpus Christi, TX 78411-4318 Dear Ms. Edwards: FISH & W ILDLIFE SERVICE Thank you for your request for concurrence with the modifications to the Packery Channel maintenance dredging received on July 2, 2020. The City is requesting re -verification of the proposed project under NWP 13 with the removal of the seasonal constraint to allow construction access along the beach within the project limits throughout the duration of the project. The U.S. Army Corps of Engineers requests concurrence that the proposed project may affect, but is not likely to adversely affect piping plover (Charadrius melodus); red knot (Calidris canutus rufa); green (Chelonia mydas), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), and Kemps ridley (Lepidochelys kempii) sea turtles, pursuant to the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). The U.S. Fish and Wildlife Service (Service) has jurisdiction for sea turtles in the terrestrial environment and for activities affecting sea turtles and their habitats in the terrestrial environment, therefore this concurrence only applies to the effects of the project on nesting sea turtles. National Marine Fisheries Service has jurisdiction of the turtles in the marine environment. Sea turtles are known to occur within Packery Channel throughout the year and Dennis Klemm is the Sea Turtle Recovery Coordinator for the Southeast Regional Office of NOAA fisheries. The Service concurs that the proposed project will not adversely modify piping plover critical habitat and may affect but is not likely to adversely affect the federally listed piping plover, red knot, or nesting sea turtles. This concurrence is based upon a review of Service files, and on the implementation of the following agreed upon conservation measures to reduce potential effects to species: DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Ms. Emily Edwards 2 Piping Plover and Red Knot— • Most project activities will take place from barges in the channel or the Gulf. • All workers will be educated on the threatened and endangered species that may potentially occur within the proposed project, and contractors will be instructed to cease work if piping plover or red knot occur within 50 feet of the project area. Nesting Sea Turtles— • Daily patrols will be conducted from March 15 to October 1 for the entire beach access route, beginning at 6:30 am and ending at 6:30 pm restricting construction activities to daylight hours. • Conservation measures and monitoring by trained city employees and volunteers affiliated with the Padre Island National Seashore (PINS) are already designated for beach maintenance activities conducted within the proposed beach access route. The City is committed to using their own staff or other qualified contractors for those periods and in those sections of beach not patrolled by PINS. • If a turtle or a turtle nest is located within the beach access route, activities within the route will immediately cease within 100 feet of the nesting location, and a City staff member will immediately call 1-866-TURTLE5 and report the siting to the Texas Sea Turtle Stranding Coordinator(TSTSC), Dr. Donna Shaver. • Construction access within the beach access route will not recommence within 100 feet of the nest site until a designee from the Service or TSTSC has arrived on site and has given approval to resume access. The City has stated that its staff will honor this commitment to cease beach access within 100 feet of the nest site for a period of no greater than 3 hours. If an authorized designee has not arrived on site within 3 hours of receiving the report from the City, the City has stated that its staff will flag the nest area and recommence beach access making sure the nest is avoided. • The City will require that all personnel involved on the project receive training each year, prior to their involvement in the project. Training will include how to recognize and avoid impacts to sea turtles, how to conduct the monitoring, and how to report any siting to the proper authorities. The City staff will safeguard all turtles, turtle nests, or turtle eggs found by monitors or reported to construction personnel until the appropriate authorities can relocate them. • All ruts and berms created by the equipment accessing the beach will be smoothed out to no greater than 2 inches each day so that turtle tracks can be better identified and to prevent small turtles from becoming entrapped. • Informational signs will be posted at construction entrances. These signs shall contain information on sea turtles and contact information for when a turtle siting occurs. The Service recognizes the sea turtle nest monitoring is currently in the process of reorganization. For additional assistance, the City may contact Dayma Wasmund of the Texas Coastal Ecological Services Field Office in Corpus Christi at Dayma_Wasmund2fws.gov or (361) 225-7318. DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Ms. Emily Edwards 3 Please note that there are a few species that are listed in the county which are unlikely to be present on the project site. However,please notify the Service should one of these species occur. Whooping Crane - • All whooping crane sightings should be immediately reported to the Texas Coastal Ecological Services Field Office at 361-533-6765. • If a whooping crane is identified within 1,000 feet of an active construction area, best management practice is to halt work until it has left on its own accord. West Indian Manatee— • Any occurrence of West Indian manatee should be reported to the U.S. Fish and Wildlife Service in Corpus Christi at 361-533-6765. • Collision with or injury to a manatee should also be reported immediately to the Texas Marine Mammal Stranding Network(TMMSN) Hotline at 1-888-9-MAMMAL. We appreciate your efforts to conserve these sensitive species. No further endangered species consultation will be required unless: 1)the identified action is subsequently modified in a manner that causes an effect on a listed species or designated critical habitat; 2)new information reveals the identified action may affect federally protected species or designated critical habitat in a manner or to an extent not previously considered; 3) a new species is listed or a critical habitat is designated under the Act that may be affected by the identified action; or, 4)the project is not completed within five years from the date of this consultation. If you have any questions or comments,please feel free to contact M. Sandra Lee at Mary_Lee@fws.gov. 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Coordinates) •Classification 1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF F 4 054 Dimensions and attributes •Sonar Time at Target:9/19/2017 11:59:52 AM •Target Width:0.0 US it •Click Position •Target Height:0.0 US it + 27.6189855783-97.2143464295(WGS84) •Target Length:0.0 US it " '• (X)1400565.12(Y)17115947.38(Projected •Target Shadow:0.0 US it Coordinates) •Classification 1:361 BRIDGE PILES ia5 •Map Projection:TX83-SF -0055 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:47:49 AM •Target Width:3.3 US it •Click Position •Target Height:0.0 US it 27.6199045915-97.2144316167(WGS84) •Target Length:8.1 US it (X)1400534.13(Y)17116281.18(Projected •Target Shadow:0.0 US ft oordinates) •Classification 1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF r DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 x 1 -0056 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:05:56 AM •Target Width:1.8 US it •Click Position •Target Height:0.0 US it 27.6171273353-97.2145518265(WGS84) •Target Length:4.0 US it (X)1400505.49(Y)17115271.18(Projected •Target Shadow:0.0 US it oordinates) •Classification 1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF 'x -0057 Dimensions and attributes a , •Sonar Time at Target:9/25/2017 11:25:52 AM •Target Width:2.4 US it •Click Position •Target Height:1.2 US it 27.6198259687-97.2148144510(WGS84) •Target Length:2.2 US it (X)1400410.46(Y)17116251.34(Projected •Target Shadow:3.3 US it q ?t Coordinates) •Classification 1:TIRE •Map Projection:TX83-SF 058 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:49:55 AM •Target Width:1.4 US it •Click Position •Target Height:0.4 US it y 27.6224444745-97.2150566273(WGS84) •Target Length:10.8 US it (X)1400322.35(Y)17117202.43(Projected •Target Shadow:1.9 US ft Coordinates) •Classification 1:PROBABLE PILING 41 •Map Projection:TX83-SF ' -0059 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:43:35 AM •Target Width:2.4 US it •Click Position •Target Height:0.2 US it 27.6222566040-97.2151171688(WGS84) •Target Length:5.2 US it (v (X)1400303.44(Y)17117133.93(Projected •Target Shadow:1.8 US it a �n Coordinates) •Classification 1:UNIDENTIFIABLE DEBRIS k •Map Projection:TX83-SF Al�.;�,. wi, DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 -0060 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:44:26 AM •Target Width:0.0 US it •Click Position •Target Height:0.0 US it 27.6209786648-97.2152122519(WGS84) •Target Length:1.6 US it } (X)1400277.38(Y)17116669.06(Projected •Target Shadow:0.0 US it oordinates) •Classification 1:PIPE OR PILING •Map Projection:TX83-SF -0061 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:43:07 AM •Target Width:4.1 US it •Click Position •Target Height:0.0 US it 27.6228798254-97.2155097683(WGS84) •Target Length:13.7 US it 3< (X)1400174.01 (Y)17117359.20(Projected •Target Shadow:0.0 US it y; G' oordinates) •Classification 1:SUNK KAYAK NEAR DOCK? •Map Projection:TX83-SF f� 062 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:31:51 AM •Target Width:2.0 US it •Click Position •Target Height:0.1 US it 27.6261062519-97.2157730336(WGS84) •Target Length:1.7 US it (X)1400076.83(Y)17118531.21 (Projected •Target Shadow:1.0 US it i- oordinates) •Classification 1:TIRE •Map Projection:TX83-SF i -0063 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:40:50 AM •Target Width:0.0 US it •Click Position •Target Height:0.0 US it 27.6261088509-97.2159556059(WGS84) •Target Length:1.4 US it 4 (X)1400017.71 (Y)17118531.56(Projected •Target Shadow:0.0 US it oordinates) •Classification 1:tires •Map Projection:TX83-SF f � a✓�r i> DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 -0064 Dimensions and attributes w •Sonar Time at Target:9/25/2017 11:40:46 AM •Target Width:3.1 US it •Click Position •Target Height:1.5 US it t 27.6261880723-97.2159910053(WGS84) •Target Length:3.4 US it (X)1400005.96(Y)17118560.24(Projected •Target Shadow:9.0 US it 4 oordinates) •Classification 1:UNIDENTIFIABLE DEBRIS 4ip •Map Projection:TX83-SF -0065 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:34:30 AM •Target Width:1.8 US it •Click Position •Target Height:0.0 US it 27.6287678581 -97.2167647697(WGS84) •Target Length:3.2 US it (X)1399745.89(Y)17119495.51 (Projected •Target Shadow:0.0 US ft Coordinates) •Classification 1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF e 066 Dimensions and attributes •Sonar Time at Target:9/25/2017 11:39:37 AM •Target Width:1.8 US it R •Click Position •Target Height:0.0 US it 27.6276729884-97.2168050211 (WGS84) •Target Length:2.4 US it (X)1399736.90(Y)17119097.36(Projected •Target Shadow:0.0 US it oordinates) •Classification 1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF -0067 Dimensions and attributes '' •Sonar Time at Target:9/25/2017 11:58:28 AM •Target Width:1.1 US it •Click Position •Target Height:0.0 US it 27.6291384756-97.2169665949(WGS84) •Target Length:3.3 US it (X)1399679.17(Y)17119629.57(Projected •Target Shadow:0.0 US ft 9, oordinates) •Classification 1:UNIDENTIFIABLE DEBRIS •Map Projection:TX83-SF i"' DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 APPENDIX 4 NOAA/NMFS CONSTRUCTION CONDITIONS DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 --THIS PAGE INTENTIONALLY LEFT BLANK-- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 coif UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration * NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office +Aes� 263 13th Avenue South St. Petersburg,FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming,harassing,or killing sea turtles or smalltooth sawfish,which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled,be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg,Florida. d. All vessels associated with the construction project shall operate at"no wake/idle"speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g.,marked channels)whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division(727-824- 5312)and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions,required of your specific project,outside these general conditions,if applicable,will be addressed in the primary consultation. Revised: March 23,2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc PF F DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Key' for Construction Conditions for Docks or Other Minor Structures Constructed in or Over Johnson's Seagrass (Halophile johnsonii) National Marine Fisheries Service/U.S.Army Corps of Engineers October 2002 la. The construction site is within the known range of Johnson's seagrass occurrence(Sebastian Inlet to central Biscayne Bay in the lagoonal systems on the east coast of Florida). Go to 2. lb. The construction site is not within the known range of Johnson's seagrass occurrence but submerged aquatic vegetation(SAV)is present at the site. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat"- U.S.Army Corps of Engineers/National Marine Fisheries Service,August 2001. lc. The construction site is not within the range of Johnson's seagrass and SAV is not present at the site:No construction conditions for SAV are necessary. 2a. Seagrass survey for Johnson's seagrass is performed at the proposed site during the April 1 — August 31 growing season. Go to 3. 2b. No survey for Johnson's seagrass is performed at the proposed site during the growing season,or a survey is performed at the proposed site but is outside of the growing season. Go to 4. 3a. Johnson's seagrass is present at the proposed construction site. Go to 5. 3b. Johnson's seagrass is not present at the proposed construction site. Go to 6. 4a. The construction is in an area designated by the National Marine Fisheries Service-Protected Resources Division(NMFS-PRD)as critical habitat for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat"- U.S.Army Corps of Engineers/National Marine Fisheries Service,August 2001, except that light-transmitting materials(LTMs)shall comprise 100%of all pedestrian surfaces waterward of the mean low water(ML 99 line. 4b. The construction is not in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat"- U.S.Army Corps of Engineers/National Marine Fisheries Service,August 2001, except that LTMs shall comprise at least 75%of all pedestrian surfaces waterward of the MLW line and a minimum I- inch spacing shall be maintained between all wooden deckboards used waterward of the ML line. 5a. The construction is in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat"- U.S.Army Corps of Engineers/National Marine Fisheries Service,August 2001, except that LTMs shall comprise at least 75%of all pedestrian surfaces waterward of the MLW line and a minimum 1-inch spacing shall be maintained between all wooden deckboards used waterward of the ML line. 5b. The construction is not in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat"- U.S.Army Corps of Engineers/National Marine Fisheries Service,August 2001, except that all pedestrian surfaces directly over Johnson's seagrass areas shall be constructed of LTMs and a minimum This key was modified in October 2002 to change the percent light transmittance requirement of the grids from 46 to 43 as stipulated in Note#3. DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 ]-inch spacing shall be maintained between all wooden deekboards used waterward of the ML line. 6a. The construction is in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat"- U.S.Army Corps of Engineers/National Marine Fisheries Service,August 2001, except that a minimum]-inch spacing shall be maintained between all wooden deckboards used waterward of the ML line. 6b. The construction is not in an area designated by NMFS as critical habitat for Johnson's seagrass. Goto7 7a. SAV other than Johnson's seagrass is present at the site. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat"- U.S.Army Corps of EngineersINational Marine Fisheries Service,August 2001. 7b. No SAV present. No construction conditions for SAV are necessary. Notes: 1 This key is meant to complement but not supersede the `Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat-U.S. Army Corps of Engineers/National Marine Fisheries Service,August 2001. Docks incorporating light-transmitting materials shall not exceed the dimensions recommended in the Guidelines. 2Federal Register 65 FR 17786,April 5,2000,Designation of critical habitat for Johnson's seagrass. 3' Light-transmitting materials are made of various materials shaped in the form of grids,grates,lattices,etc.,to allow the passage of light through the open spaces. All light-transmitting materials used for dock construction in the known range of Johnson's seagrass shall have a minimum of forty-three(43)percent open space. This key was modified in October 2002 to change the percent light transmittance requirement of the grids from 46 to 43 as stipulated in Note#3. DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV),Marsh or Mangrove Habitat U.S.Army Corps of Engineers/National Marine Fisheries Service August 2001 Submerged Aquatic Vegetation: 1. Avoidance. The piling-supported structure shall be aligned so as to minimize the size of the footprint over SAV beds. 2. The height of piling-supported structure shall be a minimum of 5 feet above MHW/OHW as measured from the top surface of the decking. 3. The width of the piling-supported structure is limited to a maximum of 4 feet. A turnaround area is allowed for piling- supported structures greater than 200 feet in length. The turnaround is limited to a section of the piling-supported structure no more than 10 feet in length and no more than 6 feet in width. The turnaround shall be located at the midpoint of the piling-supported structure. 4. Over-SAV bed portions of the piling-supported structure shall be oriented in a north-south orientation to the maximum extent that is practicable. 5.a. If possible,terminal platforms shall be placed in deep water,waterward of SAV beds or in an area devoid of SAV beds. b. If a terminal platform is placed over SAV areas and constructed of grated decking,the total size of the platform shall be limited to 160 square feet. The grated deck material shall conform to the specifications stipulated below. The configuration of the platform shall be a maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall conform to the 5-foot height requirement;a 3 feet by 20 feet section may be placed 3 feet above MHW to facilitate boat access. The long axis of the platform should be aligned in a north-south direction to the maximum extent that is practicable. c. If the terminal platform is placed over SAV areas and constructed of planks,the total size of the platform shall be limited to 120 square feet. The configuration of the platform shall be a maximum of 6 feet by 20 feet of which a minimum 4-foot wide by 20-foot long section shall conform to the 5-foot height requirement. A section may be placed 3 feet above MHW to facilitate boat access. The 3 feet above MHW section shall be cantilevered. The long axis of the platform should be aligned in a north-south direction to the maximum extent that is practicable. If the 3feet above MHW section is constructed with grating material,it may be 3 feet wide. 6. One uncovered boat lift area is allowed. A narrow catwalk(2 feet wide if planks are used,3 feet wide if grating is used)may be added to facilitate boat maintenance along the outboard side of the boat lift and a 4-foot wide walkway may be added along the stern end of the boat lift,provided all such walkways are elevated 5 feet above MHW. The catwalk shall be cantilevered from the outboard mooring pilings(spaced no closer than 10 feet apart). 7. Pilings shall be installed in a manner which will not result in the formation of sedimentary deposits("donuts" or "halos")around the newly installed pilings. Pile driving is the preferred method of installation,but jetting with a low pressure pump may be used. 8. The spacing of pilings through SAV beds shall be a minimum of 10 feet on center. 9. The gaps between deckboards shall be a minimum of 1/2 inch. Marsh: Grid Specifications and Suppliers Section modified in October 2002 to add an additional vendor of materials. February 2003—Manufacturer name changed from ChemGrate to FiberGrate May 2003-The terms dock and pier were removed and replaced by the term piling-supported structure,to clarify our intent. March 2008—Added requirement for 43%open space in grids;added additional manufacturer of grating.- DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 1. The piling-supported structure shall be aligned so as to have the smallest over-marsh footprint as practicable. 2. The over-marsh portion of the piling-supported shall be elevated to at least 4 feet above the marsh floor. 3. The width of the piling-supported is limited to a maximum of 4 feet. Any exceptions to the width must be accompanied by an equal increase in height requirement. Mangroves. 1. The width of the piling-supported structure is limited to a maximum of 4 feet. 2. Mangrove clearing is restricted to the width of the piling-supported structure. 3. The location and alignment of the piling-supported structure should be through the narrowest area of the mangrove fringe. Grid Specifications and Suppliers The following information does not constitute a U.S.Army Corps of Engineers endorsement or advertisement for any particular provider and is provided only as an example for those interested in obtaining these materials for piling-supported structure construction. Light-transmitting materials are made of various materials shaped in the form of grids,grates,lattices,etc.,to allow the passage of light through the open spaces. All light-transmitting materials used in construction for minor piling-supported structures shall have a minimum of forty-three(43) percent open space. A type of fiberglass grate panel is manufactured by SeaSafe(Lafayette,LA;phone: 1-800-326-8842)and FiberGrate (1-800-527-4043). A type of plastic grating is manufactured by ThruFlow Interlocking Panels(1-888-478-3569). Plastic grate panels are also distributed by Southern Pine Lumber Company(Stuart,FL;772-692-2300). Panels are available in a variety of sizes and thicknesses. For safety,the grate should contain an anti-slip texture which is integrally molded into the top surface. The manufacturer or local distributor should be consulted to ensure that the load-bearing capacity of the selected product is sufficient to support the intended purpose. Contact the manufacturer(s)for product specifications and a list of regional distributors. Grid Specifications and Suppliers Section modified in October 2002 to add an additional vendor of materials. February 2003—Manufacturer name changed from ChemGrate to FiberGrate May 2003-The terms dock and pier were removed and replaced by the term piling-supported structure,to clarify our intent. March 2008—Added requirement for 43%open space in grids;added additional manufacturer of grating.- DocuSign Envelope ID'.BBB3E2A749DA362-A18843E1A2DDB314 TDLR#TABS2019016131 CALL BEFORE YOU DIG! 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F = _ _ "°P'n° t T _ - a Ewf) ACKERY CHANNEL ~° r O a a -Z Q ENLARGED EXISTING PARTIAL PLAN 5 o� dsh� Uc� W U Q K0 e Q o SHEET �0 or 76 PHOTO - DISPLACED RIPRAP PHOTO - MISSING HANDRAIL rercoeo orenwimc mo sEE ryo,Es on suEE,s Nw�.EAR STA.ma 40+50N NEAR STA. 44+10N 22-22 7 � Hm,o �w�R PRINTED HALF-SIZE cm veowEc�7nnois DocuSign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANTS SHEET N0. ® OOC-08 N I "- jow- i a w � N GULF OF MEXICO 2 ZD FZ _ � r legal =—_ - T =_ ---_ _= =---_____ P, e--' - ._ ------ PACKERYI— I�9 g C\ U aA - cT[L+eAs[Lin[ _ n ENLARGED EXISTING PARTIAL PLAN 6dsz ao U y W W W SHEET 11 or 76 RfCORD DRNWINCr�NO ,_sc.Nm.=oN NE..s L� CP-227 PRINTED HALFSIZE CLTY PROJECT JHnois D,,,Sig,Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. / "}�\ �� o rFFF� r ✓/ l,=t �� :' i GOC-09 J� \' t ��r ✓y✓ �PACKERY CHAVEC� (INNER,BASIN) Ilk ------------- �- ,aM"e s FZ }} LAKE PADRE / ISLAND ESTATESds 1 t X n ENLARGED EXISTING PARTIAL PLAN 7 a naE.�-,o � w� -o sHEEr 12 or 76 RfCORD DRNWINC NO CP-227 PRINTED HALFSIZE CLTY PROJECT JH17019 DOCUSign Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET NO. ® DOC-10 N --- _. ✓t � ,.R so.00 � svoo � � � � — _ 177'2 --v _ PACKERY CHANNEL � si- y — - NIE mE` )- / x —Z ENSIE11 -� TO - (Sia,si SSl _ %� T°Usa°PC a°s 11—N _ "'t sou*„m rvcf \ F I G___ //—I/_� - �`"�F,--•�D i�L '� rc jL ER5 fna oo IaRo/ T 'S 1 41 ✓//r-ps e_� ..`, _}I U L y _ ---------- ------------ -7 ----7T1\C11P \i)f4^� }f I ,III 2r - � F— k �� 4 -- \ - - -, I I _ �/r ; �� m - cu Es- -- - " r ------------ 1 n ENLARGED EXISTING PARTIAL PLAN 8 ,�.�-,R � z� THEFT 13 Rr 76 is "• � o RfNRD DRNWINC NO PHOTO — BOLLARD/CABLE CP-227 BARRIERS NEAR STA. 18+OOS ` —1 "°"°-H PRINTED HALF-SIZE CITY PROJECT JH17019 DocuSign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 LISNSULTANT'S SHEET N0. ® DDC-11 N _'r -- 're — ---- z .,3 T IE P ACKERY CHANNE - (sEe mE s„ 1111a11/1111 ) _ — ='_=_fx=ter'-=== ------- —----- -- -- _----- oo�,-- --------------- -------------_ -__------- -- -__—_---____- ,0 4 a .aos -�p.aos- J e #e AlAlEl G/� 4 -55 GULF'SFaO��EES \'L.�III) x c JGNT VENTU(ZE _ U �l T ENLARGED EXISTING PARTIAL PLAN 9 or f _ — w �yp�p}• _ 1I PHOTO - BOLLARD/CABLE BARRIERS PHOTO - BOLLARD/CABLE BARRIERSY -o SHEET 14 or 76 AND Nm,o��WALKWAY NEAR STA. 26+OOS AND REVETMENT NEAR STA. 31+005 rercoeo orenwimc mo ,_�E NmEs oN NES s Vy s�� PRINTED HALF41ZE cm veosECT�nnoi9 DocuSign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. ® DOC-12 N I --'o '�{oo PACKERY CHANNEL I--- 9 �.00 �a.00 _-_ 9- -- l 4r1 9 E=`sr - __ — eme*wTw __ oo�.,00Eo aoD'E'E'sTT BiPaaa) o,�Eas. aa«aR L�<aa R (see„o,E,���E , ----_g <sp.' __, �TsrT P� - Aao°s'"-L �T.MTti.�saR 11— 11 a�P°�P'i."XPi-�-- - ® aRv�eTE SEE, ---C& 0-, a�a —__ —__=- _ _==_—__ _ o.o eo„ �E a —j a c gs ✓ J \, 1 , fes` �OINT Ni VFlEIJTINTU�RE J l� U3 ENLARGED EXISTING PARTIAL PLAN 10 c PHOTO - BOLLARD/CABLE BARRIERS PHOTO - BOLLARD/CABLE BARRIERS -o SHEET 15 or 76 AND REVETND MENT NEAR STA. 38+705 AREVETMENT NEAR STA. 39+505 rercoeo orenwimc mo ,.SEE rvo,Es ory suEE,s 'SW'S Hm,o � awE.Hm,o � CP-227 PRINTED HALF-SIZECLTY PROJECT JHn0r9 DocuSign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 LISNSULTANT'S SHEET N0. ® OOC-13 N —Ell a reivrew(.w) _ ------_--PACKE Y CHANNEL--__i� =61 - - _�- �-_ _--___- _- -- _ ---- - - - _ � (1-11 N� � r �_ IFZ II} ITIS g W ENLARGED EXISTING PARTIAL PLAN 11 0 ds z- �V W O Q K W SHEET 16 or 76 RfC/O�RDnDRNWINCr�NO 27._sc.rvm[s ory N[s,s IZI—I l�r—L PRINTED HALF-SIZE CTry PROJECT JHnois D,,,Sign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 LISNSULTANT'S SHEET N0. ® OOC-14 N ,00 _ 00 ' \sa rvmc�.s„ETe.ej PACpERY CHANNEL -- _— o�sPr«ro,E.r—E jL GULF OF MEXICOZD III III �x w I I � I -1 ENLARGED EXISTING PARTIAL PLAN 12 0 dsz N X Q W� LUj W W Q K U� Z W -o SHEET �] or 76 RfCORD DDRNWINCr�NO�T �-scE rvm[s ory N[�s IZI—I l�r—L L PRINTED HALF-SIZE cm vao�ECT�nnols D,,,Sig,Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 ® CONSULTANTS SHEET N0, OOC-1 5 Uriifftilu �� iN lh / �� �� `,81 pyo /i ',�/i i'�� / �Y�/ ♦ I � � n €z o 3 / Sr o ff ♦ ♦♦ on All -�4- " BOAT /11♦ P i♦ Rn T III a Q �./ / ii/ / Mo*N / ♦ ; ABKM , AEE—El Na. TFZ „fT \ \ f'Z. .`�. � a wf '6 �J /�'�. w wi El v c1 Q cz rvo Es. ENLARGED REPAIR PARTIAL PLAN I _o SHEET 18 or 76 `�sc"c �_�o RfNRD DRNWINC NO ua:ws e[Ery saaam_ aMErvr xuv corv�irvu[orveE�uE � ��—�� PRINTED HALF-SIZE cm veosEcs�nnols D,,,Sig,Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 LISNSULTANT'S SHEET NO, Doc-16 MUSTANG ISLAND �3 �F�A Ei?K NE __ —_—_—__--——-----__ -----� ------- ------ - --�--�-_--_----- _--- Io l2------------ a xW w _ _ -'I U ,av ------ -- -------- _ i e _ II ---------- - - n ENLARGED REPAIR PARTIAL PLAN 2 a ds Q N U W (E Q U W ti o Z Q W sreu�rvo=aE ores,reu�,EO m.re rvEw re�vrem. SEP,vm[a[sa[e�r�[o o,uEA�sE_ou,�a« —o SHEET i 9 Dr 76 z.vreoviDs nry os(mvreoxixu�ar»3 RECORD DRNWINC NO eo�wzosC�reou sa a�aory so.u.rvR re�[re�io suss�uss°lore eouvzO o[sw�s. r� CP-227 PRINTED HALF-SIZECTTY PROJECT JH17O19 D,,,Sign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANTS SHEET N0, OOC-1 7 &qw ' n y� W1 Ij -'� MU�iANG ISLANQ� ��. � i _, •_ it - h^ r �• --w — __=—_-__ �=_--_ ---__—_—$ --__--____---_— _ _ _ F5s --_ _------ -- � °E °ENo -- QXW ow — ---- � PACKERV CHANNEL ---— ENLARGED REPAIR PARTIAL PLAN 3 ds a W U W (E Q U W ti NO ES -o SHEET 20 v 76 RfCORD DRNWINC NO u NEw APAP o w, rvm eE aasreu o CP-227 PRINTED HALF-SIZECLTY PROJECT 7nn0T9 D,,,Sign Envelope IT,BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET NO, ® OOC-18 N "MR �� S 7 _ c MUSTANG NQJ t 2 ✓� ? / EE _ - `I i 76 s wA7 _ Wq ao e: n ' A — �!`T (sine M G zc zc L FZ — °aDM�A E s —=_= =-- reare ° � >, -----PACKERY CHANNEts—�" ENLARGED REPAIR PARTIAL PLAN 4 gs a U W� W U W ti o Z Q W TO o rv�(reEr re*o Usx ET x R °EVE,DEM aEPaas aaE�°us PAPE E EDSOD sw�DE'&_D,urs LE sous -o SHEET 2 Dr 76 a lE 51 sEc�isrvs EM—L E--reisre.v unr°E—ED I—El vmwry rvEw REC/O�RDnDRNWINCr�NO IZI—I l�r—L PRINTED HALF-SIZE cm vao�Ec��nnois D,,,Sign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. ® OOC-19 N i =ri'I'll 011 1) L r ll—Al aw _ ao� ���}}a — _ sITIS g W - - see no.e„ ---- --- --- — _ T — — PACKERY CHANNEL RRA Bey�' eL � j -------------- ENLARGED REPAIR PARTIAL PLAN 5 ds a W WW W o Z Q W No ES s�(aacnousty pisco)aiaam iry aFscu z ��(neov[E�[-oa)-aEr[a,o oE,<°.°on – SHEET 22 or 76 o sTorvP[xw xo a rov[[e✓a�o��eetnw ioo l eory*aoc�oasis rvm reeouirem�o reesn oisP �i N - o RECORD DRNWINCr�NO CP-227 PRINTED HALF41ZE CLTY PROJECT JHnois D,,,Sig,Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET NO. ® OOC-20 N s 5 w o N GULF OF-MEXICO ----� jL a sry it •� ___ __�_F'" ` 5�* s i FZ �r PACKERY CHANNEL ENLARGED REPAIR PARTIAL PLAN 6 ds a W U W ti o Z Q W -o THEFT 23 or 76 RfCORD DRNWINCr�NO CP-227 PRINTED HALF-SIZE CITY PROJECT JHnois DocuSign Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0, s ij�,�, o rFFF` r ✓/ J= �'' - _ i OOC-21 PACT MY CHANNEL mei iTi - ��� (INNNER BASIN) IS zz L'A' _ - _ _ ZD j IE T O�l ! _ ;;_ LAKE PADRE / ISLAND ESTATES K =1 8� '/ - - wZ V Z Q EC ENLARGED REPAIR PARTIAL PLAN 7 w -o sHEEr 24 or 76 NO ES RfCORD DRNWINC NO *a su[ins�raaR eousao oErnns 4i�os.urvouwcco cws —EHLI CP-22 unr IE—"E' - PRINTED HALF41ZE CITY PROJECT Jnnois D,,,Sig,Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. ® OOC-22 — -- -- - - - _ -�+c� -_�N PusE eT ensETNe srz+oo s�-aeP ncFrnn -- - ---- -s olF `--` PACKERY CHANNEL S,"—osioEwn�u` o�a�4 _ --— - _ -- - _ c , - N i� �- i- - a TEE ,E al--- 1� ✓" j i/ In w IT i - �3 (lElmF,IN , IEFILkE-E I(F 'Ll in a°oos III'�`,1 �s �S ..tel -,JAI LF 1� f -- _� oo _ , xvra(0` `GULF SHORES-' r (� _rTo�i, ) ,lOINTVENTUN l- X6ds 1 "M Lam\ _ I 8 G Q - x sMs x s T t ✓ b V Z Q A, ENLARGED REPAIR PARTIAL PLAN 8 w No.Fs z umFreF sPFCFFre Fore-o =,oxo re�o��a.reF s�Fo acre o11Fo 1 re xu1 re rex s -oEl I E. EE, of_IF_IFrv, Im w aacsos(mvreoxixu�ar enc eousreo5 Freou S Forzn+aosresFFR Fosxssr ss core eouazo onus. PRINTED HALF-SIZE DocuSign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CO,SULTANT'S SHEET N0. ® OOC-23 N __---z—_,o--- IE— T y T -_ _— rPL sr�a Er�oE� Er�ovE -,"z _ _ �, 50 sr,Piasos ____B _(rvv)(sE . _�o)_o_______ ----_ _-_ ____-_ __—- --_ _ ————— - - ---- - - --— -- -- - _--____ _-_ -___ — --__---- __------- —____ _- __ — _i oN - �9Ta .1 HEE°-E4o=E;o na 4E.,�=i �s1IEP-Ez4 n IT—) v Ill ITIS I I g ' GULF SHORES - o . JOINT.VENTURE )` ,. _ _ ENLARGED REPAIR PARTIAL PLAN 9 0 d Q U W (E Q U �h NO ES rv11EIE wuxvTnv orvo 10-11T rvcv I.—TIE W SHEET 26 or 76 RfCORD DRNWINCr�NO CP-227 PRINTED HALF-SIZE CTTY PROJECT Jnn0i9 DDcuS,gn Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. ® OOC-24 N P-ERv�ANNEE-EENE b h 4 ----_-_-_-_-=- ______ _-_------_---_----u - PACKERY CHANNEL wsRnoTA s,u1 aE 1E.—Da- __—-- rzs) 1OE _aia[ O111ET 10 -11EET � - - -` - __-__--_- � �, D1 IllEll E; HTS, MAM2�D �j A .E,) I° FZ w, 0 W w �' T GULF SHORES JOINT VENTURE \�i I ENLARGED REPAIR PARTIAL PLAN 10 0 o WZ NO ES � Z W Q ,vxnvnr Ereo5 L zr+os*a son gExTsi —VETE wu✓xmr uuo corvsreuc,rv[w c�rvcree�E U Z W SHEET 27 or 76 CP -227 IZI—I —227 PRINTED HALF-SIZE CITY PROJECT JHn019 D,,,Sig,Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 LISNSULTANT'S SHEET N0. ® OOC-25 N I—Ell���NE�a.EllE - ,j_._- '?rf ____g____ PACKERY CHANNEL——} T----'��= i _ ------_--_----- ------ -______r- 1���� __ f � - —— - -_P- o ��« I— ------ --- ------ 2 N - °j zo" o Aa x all <G nINo= `,"R ,EEII) I� ----- ---------- -- P ZD jIII} W ale •4`I, �ADRE I"L D -- c `-------------------------i ods j oo'(,7) j 8 Q ENLARGED REPAIR PARTIAL PLAN 11 _ o O Z � U� W o SHEET 28 V 76 RfCORD DRNWINCr�NO CP-227 PRINTED HALF-SIZE CTry PROJECT JIL= D,,,Sig,Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 LISNSULTANT'S SHEET NO. ® OOC-26 N A aL—n p�euiacio \ PACpERY CHANNEL , \J r r________- -g____ ____________________� __________ ----- _____ �- DocuSign Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. MUSTANG,ISLAND ® GULF OF MEXICO ® REACH 1-NORTH JETTY STONE TABLE OOC-27 N H PAINT N—HN3 euY xc orkvoth HEY1 ST-1 7 _ wuuvmv s z wuuwav 3 ,T Ir os s , n F N REACH 1 - NORTH JETTY STONE 1 REACH I - NORTH JETTY STONES 2-11 LL c R0 a zo GULF OF MEXICO -0 s ,s ,Tas,T ,aossn � ,Ti i,zn „osaas m m= c ® n ,T,Dazs, ,crosses a Ti i,zso „asaeo a 2z , 21 — �JTTry s 011,) IT _ 21s _ zo � -- Ts „osT� 21 „ossa - ------J -. 1 --- i _ -►, ;g nc�a.'�ew.�,. ';.' .'R"` �dd= III a Q 5z O, 33 „ .�,a „osaoo � � }} I, „ ,z� 1.1- ITIS g w 0 PACKERY CHANNEL ~ U REACH I - NORTH JETTY STONES 12-18 GULF OF MEXICO 4'O n T1111—NIS H11) ds N A I E-------------- IJ I s V Z Q I _ 7 1 2, 1 1 0 �2, I �x4 21 . ' y ,�o n Nw L_______ ____J I 1 oT �o sHLEi 30 L- - -----------J PACKERY CHANNEL RECORD DRNWINO NO REACH I - NORTH JETTY STONES 19-38 PRINTED HALF-SIZE cm vaoJECT,ynnGls DOcuSign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET NO, BEACH 1—SOUTH JETTY STONE TABLE OOC-28 10 a i Jam.=, To N REACH 1 - SOUTH JETTY STONE 37 LL PACKERY CHANNEL 5 ® m � se + aoas aosna v -n+- sa ,si,s9es ,aos+ie v e n,Tass N 40 ,aos�aa .i___________i__T____ __Ti______ s, ,T„sss, ,aosTaa TYa T ]sY�. I• �e I ��.ppL I Y M r �:h :'-=+s.,o,�]I::�5] .a � ►+vi `A`mr� _ 1= ss ,T,999 sea —� L ----- -0 jr _ - ......................... — r i T ,F— U --r -_L _______ III �Q ]arts ,aou» I, � III >2 „,3995 ,aos,aa o ]�+ nnaae4 ,aortas r I 4 L_____ JI n 0 c I ]i+ �a ,�i,]sae ,aos+ae m L______________J invssa ,aonn � � GULF OF MEXICO ~ U REACH 1 —SOUTH JETTY STONES 38-56 Te ni,Tssa ,aosTa, PACKERY CHANNEL —s,+— ® e, ,Ti,sseo ,aos Taa i __ __� Nds �-F B E I I $ ISIZE _______ __ _ 1_____ _ I 9___ _ _________J 76 cA GULF OF MEXICOCP-227 SOUTH JETTY STONES 57-82PRINTED HCTP/PROJECT JnnGls DDcuSign Envelope lED BBB3E2A749DA4362-A18843E1A2DDB314 FINSLELl' CONSULTANT'S SHEET NO. u reevETMervT erees me or reM reeuETMeM trees LET—SLIE 10Iere O,C-01 !s EeNm[s1 rePSe (s SIT"IF �5) 95 1-11Nsu[D pv papEIa�[poF (Mewl s'1-F (Marv) S 11 n Tyy IT LE TI R aaPa - ws(Mreics) ELEVAnoNs'ITA*m AS IAiE. INT WPLxWAv p4+�a b,oE. El,FEE SNL(TmRiEs) O Ts or eDrr�x*wTu '.4�1 \\ II—ETT[5 LHILl 11.1 re-Soo reiPrerw muER soNES c. w �T NA,NRl 31.1ND T Ery reP D NI DD'rvR sDrve oe�oPTE, e�EE ��� DI'MDE R �D�u,R�sT�DN RETEN M R`aEE w E`EP z, �re�R of(M�N,- o T' FID NE A:`TD'P� 11 —LINN sDNE �� e Es�RW IND to TYPICAL SECTION - REVETMENT `�+ —LIT 11 IH-N n LL (STA. 2+50N TO 6+7014 AND 7+8ON TO 10+50N) Toe Re� �Ee e'ETEre eI reIR��T Ex�reTEE�ee re L-1 PRE I—INED. DTER, �e�����E BEDD�ND s,DNE"D R�P� E�R�T s9 - �w��T�Ns DD�RDs��E�R � ILL R z TYSPICA L SECTION - REVETMENT(STA. 10+50N TO 28+OON) a o�sra cE D aRwx°r/:EEr so RIL. LI'M coNCRETE n— °re Oce ov R v DOL eT+�;D Juav s,TELE E=�.uaT�DN - o III Q s�rv�IBM Su�E reE reEM D EINFI. ETNN,Tre 3,Dry nDry le g o11IFTED,wnwosT NES aEe Rr°ia. i) TTF—L MIN ELM OF TH PEE'L,EO N""L IF,"FEL NEE ti- swe mu+�ESE norv�. o %� DD re�Ere oD ON 17—D EFAI'EETME IT FIE 111F IF E oLNo/ L ILF J wRTERLL O O DD re�E� - DEDD�ND HONE O O �e o Q reTe.Tee eeTere ePrere STT --, �3o o z ( 1 a MoILE sCRt'INEore)IF I�s reE� UU y BECK-1 INE IF ElE ENI I E6 11, RiCJ'\� re��'IsiNDR�reroc 11 0o-EEL, - DTE LE nLT[R E� U PRotEouREs h O O Lm 30MiNi)E -o SHEET 32 Dr 76 n TYPICAL SECTION - REVETMENT(STA. 28+OON TO 34+72N) TYPICAL SECTION - REACH 2 LANDSIDE JETTY IMPROVEMENTS Rrcoeo orenwimc mo ewe:„,,,re Tie ke.11T To naE CP-227 PRINTED HALF-SIZE CTTS PROJECT 7nn019 D,,,Sig,Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. 01C-02 EDDE or IEPETrnEDT IIE - Esse�NmE s DM MEET"}zT EDD�..sa.EAD El ANT ,�n�MD�oMIIETE--1 ,D xITI.DI TMD, ��MT ��A s crew �E° —DE Ra�E Po-� 1,1 EEE G N HT.oa;�=EE I _- MaEETOR�E.D�EEEa��R�.EDwIE��EAMD OD«EEM�E z; I-TDD I'PI� TDD n�` T�DMDEPaD DETa� n �' soE jL p 2 �. (M M) ��� o, EX-EID-OLE O i�I—E-LE DEED 1-11 iso FLEE-11EIIEED� -I�D�I,DE mJ Q _ � )�kw TYPICAL SECTION - REVETMENTDEooma soME 1 (STA.0+005 TO 14+305 AND 16+705 TO 20+OOS) v �. z 'OtLATMo,,o uo<E 0 El EO—D E or o �, 57a 01.11 TD P,DDsE� AT.IEAEAT I EDT E*oma,Em I'LLL o sA P,DDE To�.,EDE a.D � s7a�s„DE,D Do,00s -a.D o 0 o F ,T��_T)(E cA N.� w h o U W � TYPICAL D s�ECTION - REVETMENT(STA. 20+OOS TO 27+OOS) w l wE.Mm, SE V w "EIDM=DEET Tz DE . _o SHEET 33 DT 76 Ta zwoos orvD zz,DDs. RECORD DRNWINC NO DEPENDIDa OD—Dn-DE PIM AE-E DE C 101TIM, CP-22 PRINTED HALF-SIZE Cm PROJECT 7nn019 D,,,Sig,Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. 01C-03 s M1;'•,, -'.,,per:-i LTT i✓ L��� toren E a SE REo �cry,5 �o N R_Too a�P� M�Tca aEPaa o�a� r1 O k s amomo soNE U \ `E isTirvc TITDE FZN �TEo SIO-TE/111111 ,T..I�E TIT.Ta � o U (miry I c (mixt TYPICAL SECTION — REVETMENT(STA. 27+OOS TO 42+73S) s��rvm.o!E 0 zN W z 00 U y U W UT o Z � U� c�0 �aIEE rvmss ary s„sE* SHEET 34 v 76 o RfCORD DRNWINCr�NO CP-227 PRINTED HALF-SIZE Cm PROJECT JnnoTs D,,,Sign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANTS SHEET N0. 01C-04 ET. r-.l El E—W 111D n,� ��T�o. �Eo a — --- EL 0 11 —lEOTE-ILLE�I'LLTEI "I TYPICAL SECTION REACH 4 BREAK ER � 2 NOT N CONTRACT 0 w�Noreies) U o)s El :LLL, o o �E- �.o- sluLrvm e-.reEm 8 d Emnw.�Te,.exriu(*HT1 W OW wl U rO Z so'(MIN) 1 EL q� U TYPICAL s�S�ECTION - REACH 4 BREAKWATER �roLL�.„m,o -o sHccT 35 or 76 RfCORD DRNWINCr�NO CP-227 PRINTED HALF-Sl cm veosEcs�nnois D,,,Sig,Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANTS SHEET N0. 01C-05 ww�rvB coM '11111Ess Ex�sINc aeve,Me, I—M—N HEE—E 2T �T6 „ rz.e cMP ,Drv��Dry BaK srvcMDED E DreDrv��rvnreDc.Dry N a 1 SECTION GL ORIGINAL ABM REVETMENT AND STORM DRAIN OUTFALL n LL a a� rvre re (° s 2 U y K R m 0 E 'N I 111TL I- B uaD U reere.Mcrv. 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E,.- E E o.o �� 1�IA,- are s � s s= --------------------- 2 s s o _,zo —0ao � ,o —zoo zo 40 � ,40 ,zo ,00 —eo —so —40 —zo re zo ,o so 21WSZD •.aos U y K R m U 1W—o O raE = 3 sr 111- .c urE s sE �°,I ^w ds -21 r i s 0 ____ •rJ� — '—� ' 8 G cn U oW W oW U H �Z U ti W �W cn ]FaoS zo ao so ° o sHEEr 55 or 76 TL RfC/O�RDnDRNWINCr�NO PRINTED HALF-SIZE cm veosEcs�nnois D,,,Sign Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET NO. --' E.LE,1El ST,A,Eo`n` 03C-02 110'j'.2-) - p�, �T�„ > ; o , 0 — -- R ,41 ,z1 ,01 eo bo ,o ,o o z1 41 so �,o 110 1 O e1 61 41 z1 0 ,o ,o bo a+aas a+aos - U y K Q U 1W— O ' - U 3a7 11— T1 a 11T�� 1 RT -o MME! w - A,� aREn=11A 111 U � - 1 - 1 -,oa -11 -11 -11 -rzo aro0�5 so ao so -,ao -121 -,10 -eo -so -ao -so 4rzo 11 11 _os ° o sHEEr 56 1r 76 RfCORD DRNWINCr�NO CP-227 PRINTED HALF-SIZE CITY PROJECT JH17019 D,,,Sign Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET NO. -- TSaER`�s��s"°o`,n` 03C-03 ("'Z'�o ey e.zmsi —TE111E 1-11 D I—Eo R DE--w� T a E—uP,� ,a.o s o w w _ R� aEA 4 R� aEa z s s s 0 -„o -,:o -,00 -,o -zo o zo 4o sa -„o -,zo -,00 -eo -so -40 -IS towns 12 onsZD U y K R m U 1W— O EA ',kra - Y Il ioN/eoamss -10--'0- irnn�E i'T. -z Ea 5 -s RAOE, s 5 ..'-p Aw dsw _____ -----____ ___., E o rT U _ -21 W �W U O -,ao -,zo -,ao -eo -so -ao -zo 9roW5 zo ao so -,no -,zo -,00 -eo -so -ao -zo "TSS zo ao so ° o SHEET 57 RT 76 RfCORD DRNWINCr�NO CP-227 PRINTED HALF41ZE cm PROSECT JIL= D,,,Sig,Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANTS SHEET N0. -- TSaER`�s��s"°o`,n` 03C-04 ('Z'�,eye.zmsi —TE111E 1-11 D I—Eo 11—p DE--El w� w vim' TOEI - a�,,a o -IS -,40 -,zo -,ao ao � ,o -zoo IS 40 � ,40 —1 ,00 -eo -so -40 -IS t4+aas ie+oas U y U 1W— O � f U xis*i a�o re Mo au noNt I I L —nvv H �Z -21 re rew= sE U _ h W �W U O -�ao -azo -�ao -eo -so -ao -zo t}*aas zo ao so -ono -azo -goo -eo -so -ao -zo 'STNS zo ao so ° o sHEEr 58 or 76 RfC/O�RDnDRNWINCr�NO PRINTED HALF-SIZE cm veosEcs�nnots DocuSign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. -- T--M—P.°M �_ °n` 03C-05 (",Z,�°eye.zmsi IEATEIIIE I-1 E�Ill.TIM D�x<°E°R T--ll °EIER.°IIHI o�11EE.32 EJ 4 — ---- — _ -T °M R ry I. s s s o —„° —130 —,°° a° ,ro ,° z° ° z° 4° ,3° ,°° —9° —°° —4° —z° ° z° ,° so � IB+3].895 19+3]9 U FZ El,1111 El,1121 U IW—o O — U 3 rvcrecrc e; e; rverenc m TIAS 12, Ta rlaN EJ EJ EJ Ln U W Ln U � -so -ao -zo 1Jr345 zo ao so -,no 18r34.I3S zo ao so ° o SHEET 59 °r 76 RfCORD DRNWINCr�NO CP-227 PRINTED HALF-SIZE CITY PROJECT JH17018 DocuSign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. -- TSaER`�s��s"°9`,n` 03C-06 ("'Zvi o ey e.zmsi —TE111E 1-11 D I—E9 RIS Ir DE—R-w,� w vim' EL ous EVRE-ED EL ,-REFER=o—El 9R 11EET Ez o Eoi'Er�ovio ioNTeocpna _ NER�— o o E L%1, RRRE,E Iry ° 1,A,—ISO -111 21 To So —„9 —1:9 —199 --Ro —� —,o —To o 29 99 11 —„o —,xo —,00 --R9 —99 —99 —29 9 zo ,o 90 _ xt+xx5 x3+x15 U y K R m OLL 11 ELL EL,1111 U W o O U El o sR ED/1-EoTwo�sR m%R uweo oRu u YR1.aencvmz r°/ n wvn. cRE*c Y o°—E E-- i ory/Ra U H Z W U W h S W O Riv a= E z9 -11 -zo xO 1 zo ao so z0 -,no /-,zo -,00 —-eo -so -ao -zo xxrxlS zo ao so a o SHEET 60 oT 76 RfCORD DRNWINCr�NO CP-227 PRINTED HALFSIZE CLTY PROJECT JH17018 D,,,Sign Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. -- Tl-0—TEP.ME �_ °E` 03C-07 pr,Z,�°eye.zmsi —LEIIIE 1-11 DIED.TIM EII—EL - D 1DILI 1LE°11—p L�PkEEE III IDEI 1, 0°ryo EE°ryEE=Ez. oT�E EoiaE o°eoEl LIII DITITDE s= �o E,;moz PEoi�E o° °a EA�E DEEIsaE R-/,EIu ED N °�,�1� �1 1E/ TLES 11 PIP—- E° a� -zTz PPR _ zP 11 R R ,PR -,ll ,°° -IS 20 11 so 24+575 28+575 U DO I LEL- FZ EL U 1W—o O c Ell -D U Emou co`- ss/ �• PreEP a o o ° El IT 11 'MEII Prvo o m Y 'sP rvmE.E Y 3 DEE ° a oR sa Ris/REMAIETTE ,OM NTTM 8 G cn R Ro Rw.Ensmc DE w EJ ioN/aq oEiu / ° V PERSF El to oweuwE�u aV U h EC UU W W \\rew lu RPP Tl=2]5. 5 LE 5 O O W EP-lj1,1 ST U =as 1-1 25157S zo ao so a o SHEET 61 IT 76 RfCORD DRNWINCr�NO CP-227 PRINTED HALF-SIZE Cm PROJECT JIL= DocuSign Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0. 03C-08 MITE EIII-11(",Zvi o ey e.zmsi E�IFI.TIM D 1III— III EII—IL/�EkE�� 1FEo 11 11F 11 1 11- 11 11 ISD EI-Il N,� t reEEEre.a Io=Es o�smE*Ez_ IF j-1 MFSID oE�E EoEMao �s~Erei�� o Drew -E FIEA� rereIII=T re 4 p��E�TT FA, n 1129 -- - _ oIF -IS �A re �a ITTeIF El o -120 -110 rere rere Ore re zre -,rere -rere -zre re re o 28+575 30+575ZD U ZD FZ III I U 1W—o E IF 111 IIA,-21S IF 0 IF 11,21 El,III U is Eo%uIED o eo%re § o§ IJ £ , rem r3 y aoxi sm / H(twj x Aoa spa surernEr�cv ds I/— oN/e�zxn�� �/ w w o / za a EJ 8 IF, ro — En rtrw= IF -11IF — — U "III F1111-21-11 -so -ao -zo i5JS zo ao -so -ao -zo 29'57S zo ao so 7 ° o SHEET 62 rer 76 RfCORD DRNWINCr�NO CP-227 PRINTED HALF-SIZE CITY PROJECT JH17019 DocuSign Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET NO. -- Tl-0—TEP.ME ��s"'_I` 03C-09 ('Z'�o eye.",A, —TEIIIE 1-11 E�ITI.TIM ®EII ry/EIII-u D I<°E°III TA, Ol ll El�111 lEEE1*a IIHI Iry s,EE*Ez p", vcE oreIll III DEM —lH" Drew nE IE—=;REof'a =;RETE°E N �orvIBICKI�E; 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Ta w W O o U cn — — U -so -ao -zo31 i5JS so ao so -,no - o -,00 -eo -so -ao -so ,3i5JS zo ao so ° o SHEET 63 IT 76 ILTY TL 7 PRINTED HALF-SIZE PROSECT JILL= DocuSign Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET NO. -- SP.°M'F,_FI0C-10 TIF ("'Z'�o ey e.zmsi lEAFE111E 1-11 D E �EkE 11 T �� <oEo R 1 W`F1`1G o EoiaEM =ERE o = ED1.SE E E N EFF -F/-1F�EE FFIETE 214111 FA IIIIII �1 IF IF -- -- — — — / jL s s 1TTD IF za -111 4- 11-1 —zo D ,D o 38+5J5 38+57S EF U FZ U W o 1 21 FH— O U iIEo%-D oEu Eo%re a a§ o§ Dau uE Y �iEujREuovELaND 0 £ £ usuE/1EMAFELTFDIEILIIE El III 11111EH —IFF1 12-11 a Y -- rem Ex111rvc DN m /0 8 O w w / IU1=210 -p - A O oN/BMuftLL U -so -ao -R0 35 o zo ao so -,no -,zo -,00 -eo -so -ao -zo 3Jr5JS zo ao so ° o sHEEr 64 or 76 TLC lir-227 PRINTED HALF-SIZE CITY PROJECT JH17019 DocuSign Envelope ID'.BBB3E2A749DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET NO. -- TSP.°M'I,� °°`,n` 03C-11 _,w�uaw�o eye.zmsi IEITEIIIE 1-11 E�FIFI.TIM 11 11 111 A- 11 11 ISOExsirvc w/ <. 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NI IIICII oN�aNuaav 04C-01 o,"TAE A 'L J' W w NOT IN CONTRACT �LL - --- -- - --- - - --- - - --- - w N -- - 11 - - m}�Q E—INA DE U 1W–o -ao -�o -zo -io io zo 3o m -ao - -zo -io io zo m O o«exa x«ixa � E U c c c ca ol ,' IV w 278 io zo 3o ao -ao -�o -zo -io '+B]9 io zo 3o ao -ao -�o -zo -10 3... —o sHEET 68 v 76 RfCORD DRNWINCr�NO _ CP-227 PRINTED HALFSI CITY PROJECT JH17019 DocuSign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANTS SHEET N0. 05C-01 -----�,�,�,.,, T�oErvo. N cv Q ��oa orvE aTo A + x '"$�' w cel � x � — re our EorvioanoNT 4 r NoiES. 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NORTH REACH 1 -JETTY STONES 13-16 NORTH REACH 1 - JETTY STONES 17& 18 -5 �M1OjV° �E -s U yEl v _ a U E- W � m U y QU a W Q owueos�[ c'av _ *,23 O Z K K y OU RfCORD DRNWINC NO NORTH REACH I - JETTY STONE 19 NORTH REACH I - JETTY STONE 20-23 L30j2�k� -� X102° nom -5 PRINTED HALF-SIZE cm vao�Ec��nnols D,,,Sign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANTS SHEET N0. 05C-03 y � 1 �•'° ►� jl 1 �� � __ RTTTa,o—EloN 11->l •,� L e\ w NORTH 'REACH REACH — JETTY STONES 24-30 NORTH 'REACH — JETTY STONES 31-33 - y N o _ E pw �\ U K y O 6 F� : o sHEEr 71 or 76 NORTH 'REACH — JETTY STONES 34-37 rercoeo oreaunmc eo PRINTED HALF-SIZE cm vao�Ec��nnols D,,,Sig,Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANTS SHEET N0. 06C-01 axsmc ma*oNi jL 2- C_] teeooaReo ioa;o�T .a - a SOUTH REACH 1 - JETTY STONE 38 SOUTH REACH 1 -JETTY STONES 39-43 scar.�=s FZ y III}a Q "-�" j�-•.- PIIS� � E r � � 0 , x f o T. ds z • _ _L — �T� I W � U U W Q Q r"y^y, UU �n O o SHEET 72 or 76 SOUTH REACH 1 - JETTY STONES 42-48 SOUTH REACH 1 - JETTY STONES 49&50 rercoeo orenwimc mo t�s��,-5 �roar.�-s PRINTED HALF-SIZE cm veowECT�nno19 DocuSign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANTS SHEET N0. �" TTOENo: 06C-02 a" e�.b. 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([xs Nc Boa*oN) C_ �a a°°REo"fa,°oNi 1 = 1,REEEI —El oN I'-Ll N�Es. 75 >s a SOUTH REACH I — JETTY STONES 74-75 SOUTH REACH 1 — JETTY STONES 76-84 zcU y K R m 0 U ^W � U a c UU U O U O K -o SHEET ]¢ or 76 RfC/O�RD�DiRNWINCr�NO�i lir—LL� PRINTED HALF-SIZE cm vao�Ec��nnols DDcuSign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANTS SHEET N0. ® BORING LOCATIONS 07C-01 E N Ro TM1T,s.a,.v�yi MUSTANG ISLAND 6 �zo-z "a¢Ee-T n �rnc-�o HILLe c IATLANDI - S +ue-e �uD s RAEe-11 PACKER -' - In +z�1ekgNNEL TBez z LAKE PADRE ISLAND ESTATES RAze-s �2 a Q a FZ T �co-c+mo-z1111 IETIJ - { sz me> >T>>azeo�aos»s a '' Mea �n�a7sz�aoaeno U � GULF SHORES JOINT VENTURES 4 .; - G U L F y0 F M E X I C O 8 6_ ds zo o� � U UU O Z Z O NQ y SHEET ]�J oT ]6 AT BORING LOCATIONS Rfcceo creaunmc eo sem. >oo 6. PRINTED HALF-SIZE cm vaoLECT�nnois D,,,Sign Envelope ID'.BBB3E2A149DA4362-A18843E1A2DDB314 CONSULTANT'S SHEET N0, PROTECT 08C-°' PROTECT SEA TURTLES PIPING PLOVER PlIP11ED =�T_ _T,TOR REPORT ENTANGLED, HOOKED, NJURED, DEAD, OR REPORT HARASSMENT OF OR DANGER TO PIPING o ANY SEA TURTLES ON THE BEACH BY CALLING: PLOVER ON THE BEACH BY CALLING: (361)949.8173 (361)994-9005 _ j _ aro n<,E aw.P��E remore=�oa.aHs,o,.aEA:n ar�aw ,nE PoLa. CE° r�oErew,wo s„.r«w.P« re�Por��o«,�oHs,o<aEo�orr' L ore.nE cn 2 U y PROTECT 1° Q RED KNOTAr o a-� U W o� UW Z REPORT HARASSMENT OF OR DANGER TO RED KNOT ON THE BEACH BY CALLING: °1 U (361)994.9005 om Z w aro sA E aw PMI 41 I �L o SHEET 76 or 76 RfCORD DRNWINC NO EGEREO SPECIES BEACH SIGNAGE CFI-227 NOAN PRINTED HALF SIZE CITY PROJECT¢M17019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 006113 PERFORMANCE BOND BOND NO. 107487597 Contractor as Principal Surety Name: Callan Marine, Ltd. Name: Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): 6800 Harborside Drive One Tower Square Galveston TX 77554 Hartford,CT 06183 Physical address(principal place of business): Owner One Tower Square Name: City of Corpus Christi,Texas Hartford,GT 06183 Mailing address(principal place of business): Contracts and Procurement Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecticut Corpus Christi,Texas 78401 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. Contract Project name and number: Telephone(main number): (860)277-0111 Pack -Y Channel Restoration Project Project No. H17019 Telephone(for notice of claim): (800)328-2189 Local Agent for Surety !Name: Bowen,Miclette&Britt Insurance Agency,LLC Award Date of the Contract: October 26 2021 Address: 2800 N.Loop west,Suite 1100 Houston,TX 77092 Contract Price: $12,359,049.30 Telephone: (713)880-7100 Bond Email Address:tmiclette@bmbinc.com Date of Bond: November 4, 2021 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 006113- 1 Packery Channel Restoration Project Project No. H17019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 Principal Callan Marine,Ltd. Surety Travelers Casu and Surety Company of America Y Signature: nn nn Signature: Name: M�f�i/t {/ 4ul L(�Ul Name: Britt Title: �Sl V4 � 1 Title: Attorney-in-Fact Email Address: 10*I CAJ10,rn MAY-(htltl• Email Address: abrital5mbinc.corn Om (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 Packery Channel Restoration Project Project No. H17019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 00 61 16 PAYMENT BOND BOND NO. 107487597 Contractor as Principal Surety Name: Callan Marine, Ltd. Name: Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): 6800 Harborside Drive One Tower Square Galveston,TX 77554 Hartford,CT 06183 Physical address(principal place of business): Owner One Tower Square Hartford,CT 06183 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Contracts and Procurement Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): (860)277-0111 Packery Channel Restoration Prolect Proiect No. H17019 Telephone (for notice of claim): (800)328-2189 Local Agent for Surety Name: Bowen,Miclette&Britt Insurance Agency,LLC Award Date of the Contract:October 26,2021. Address: 2800 N.Loop West,Suite 1100 Houston,TX 77092 Contract Price: $12.359,049.30 Bond Telephone: (713)880-7100 Email Address: tmiclette@bmbinc.com Date of Band: November 4, 2021 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Packery Channel Restoration Project Project No. H17019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 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 ascipa Callan Marine, Ltd. Surety Travelers Casualty nd Surety Company of America Signature: r I.,9-1 Signature: Name: o�.�, MW V'Qi Name: Ashley MTitle: pft, 16 t1/1r l Title: Attorney-in-Fact Email Address: �dS Q CAI1cnhhnalr�in�i�fio1• Email Address: abritt@bmbinc,com �,p Yvl (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116- 2 Packery Channel Restoration Project Project No. H17019 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 Travelers Casualty and Surety Company of America 11 -. Travelers Casualty and Surety Company TRAVELERS'l 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 Slate of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint ASHLEY BRITT of HOUSTON , Texas , their true and lawful Attorney(s)-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 21st day of April, 2021. �R1a�UArY} `Jr�iY AHpa T 49 /f m +411A7FQfC HAATFOR7, AM cown .g( o irAl State of Connecticut By: City of Hartford ss. Robert L.Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, 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,2026 rho,rjkRY �* P0�10 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 each of the Companies,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 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 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 each of the Companies, 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 day of ��s iistryr g��•r Awad �� 3 WRVF S ,spry Cum Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this PowerofAttorney is attached. DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty and Surety Company of America , for information or to mace a complaint at: Travelers Bond Attn: Claims 1500 Market Street,W. Tower, Suite 2900 Philadelphia, PA 19102 1-800-328-2189 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: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 CALLAMAR4 YYY) ATE(MM/DD/Y ACORDTM CERTIFICATE OF LIABILITY INSURANCE FATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Paul Hogan USI Southwest PHONE 504-355-5019 FAX 610-537-4152 3850 N. Causeway Blvd., Suite 1200 AMA Lo,Ext: (A/c,No): y ADDRESS: paul.hogan@usi.com Metairie, LA 70002 INSURER(S)AFFORDING COVERAGE NAIC# 504 355-5000 INSURER A:US Specialty Insurance Company 29599 INSURED INSURER B:Starr Indemnity&Liability Company 38318 Sullivan Industrial, LLC Texas Mutual Insurance Company 22945 INSURER C: P Y Callan Marine, LTD. INSURER D:Lloyd's of London 85202 6800 Harborside Niavators Insurance Com an 42307 Galveston,TX 77554 INSURER E: 9 P Y INSURER F COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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. ADDLSUBR LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYPOLICY A X COMMERCIAL GENERAL LIABILITY CUL11368071 07/01/2021 07/01/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE 4 OCCUR PREMISES(ERENTED occurrence) ccurs nce) $50,000 X Marine General MED EXP(Any one person) $5,000 Liability PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $1,000,000 OTHER: $ E AUTOMOBILE LIABILITY FA14CAL01982307 10/01/2021 10/01/202 S EOaaccc,6enINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LIAB X OCCUR MASILHS00588521 07/01/2021 07/01/2022 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ $ C WORKERS COMPENSATION 0001307600 05/26/2021 05/26/2022 X IPER STATUTE EERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? [N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A P&I CUL11368071 07/01/2021 07/01/2022 $5,000,000 Per Occ D Vessel Pollution EPG0673910 7/01/2021 07/01/2022 $5,000,000 Per Occ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Packery Channel Restoration Project H17019 CERTIFICATE HOLDER CANCELLATION City of Corpus Christi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1201 Leopard St., 1st Floor ACCORDANCE WITH THE POLICY PROVISIONS. Corpus Christi, TX 78401 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 3 The ACORD name and logo are registered marks of ACORD #S33611965/M33608997 DGSZP DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DESCRIPTIONS (Continued from Page 1) Marine General Liability Marine Comprehensive Liability form, including: Action Over Indemnity Buyback Endorsement. Blanket Additional Insured and Waiver of Subrogation, as required by written contract Blanket Primary and Non-Contributory, as required by written contract Amended Aggregate Limits of Insurance(Per Project) Endorsement. In Rem Limited Pollution Buyback(72 hour/30 days) Endorsement. Ship Repairers Liability Endorsement Gulf of Mexico Extension Auto Liability: Blanket Additional Insured and Waiver of subrogation in favor of certificate holder as required by written contract. Blanket Primary Endorsement as required by written contract. Hull and Machinery and Protection & Indemnity: Hull Limit: Total Insured Value as per Vessel Schedule P&I Limit: $1,000,000 Per Occurrence Includes Collision and Towers Liability Contractual Liability Extension Jones Act Coverage/Crew Coverage Pollution Buy-Back In Rem Other than Owner Clause Liner Negligence Clause Removal of Wreck American Institute Hull Clauses American Institute Tug Form (53R-1 Protection and Indemnity(SP-23) Blanket Additional Insured and Waiver of subrogation in favor of certificate holder as required by written contract. Vessel Pollution: 07/01/2021 -07/01/2022 EPG (Environmental Pollution Group, LLC)-Policy#: EPG06739-10 Limit: $5,000,000 Per Occurrence OPA/CERCLA Blanket Additional Insured and Waiver of subrogation in favor of certificate holder as required by written contract. Workers Compensation Including USL&H: Signal Mutual Indemnity Policy Number:47500 10/01/2021 -10/01/2022 Blanket Waiver of subrogation in favor of certificate holder as required by written contract Workers Compensation Including USL&H: Texas Mutual Policy Number: 0001307600 WC TX 05/26/2021 -05/26/2022 Blanket Waiver of subrogation in favor of certificate holder as required by written contract SAGITTA 25.3(2016/03) 2 of 3 #S33611965/M33608997 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 DESCRIPTIONS (Continued from Page 1) Umbrella Excess Liability: Ascot Insurance Company-MAXS211000235101 25% Lead Starr Indemnity& Liability Company-MASILHS00588521 25% Endurance American Insurance Co -OMX10015217100 25% US Specialty Insurance Company-CXS11434071 25% Follows Form Underlying Policies Include: Marine General Liability,Auto, Employer's Liability,and USL&H Blanket Additional Insured and Waiver of subrogation in favor of certificate holder as required by written contract Rental Equipment AGCS Marine Insurance Company Policy Number: SML93077849 10/01/2021 -10/01/2022 Rented/Leased Equipment-$1,000,000 per item/per Occurrence The Equipment policy includes a blanket Loss Payee endorsement providing Loss Payee status to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status All Policies include 30 Days Notice of Cancellation and 10 Days Notice for nonpayment. The Marine General Liability,Automobile Liability, Hull &Machinery/Protection &Indemnity Policy, Vessel Pollution and Bumbershoot(Excess) Liability policies include an automatic Blanket Additional Insured Endorsement and an automatic Blanket Waiver of Subrogation Endorsement to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. The Marine General Liability,Automobile Liability, Hull &Machinery/Protection &Indemnity Policy, Vessel Pollution and Bumbershoot(Excess), USL&H,and Employers' Liability provide a Blanket Waiver of Subrogation in favor of the same,when required by written contract. SAGITTA 25.3(2016/03) 3 of 3 #S33611965/M33608997 DocuSign Envelope ID: BBB3E2A7-49DA-4362-A188-43E1A2DDB314 This page has been left blank intentionally. NOTICE OF AWARD FINANCE - PROCUREMENT Contractor: Callen Marine, Ltd. Project: Packery Channel Restoration Project, H17019 PO Box 9277 Corpus Christi Texas, 78469-9277 This notice serves as confirmation of award of the referenced Project, to your firm, by Phone: the Corpus Christi City Council on, October 26, 2021 in the amount of$12,359,049.30. 361.826.3160 Contractor is instructed to execute all necessary forms and submit all required documentation as outlined in the contract document. All required insurance and bond submittals are due back to this office within 10 calendar days of receipt. The following document submittals are required to execute the contract: • Form 1295 Certificate of Interested Parties • Performance and Payment Bond — Required bond forms have been provided to you for execution. Submit one set of original hard copy performance and payment bonds. • Insurance — Refer to the contract documents, Section 00 73 00, 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 the Procurement Officer if you have any questions regarding this information. Josh Chronley, Assistant Director of Finance - Procurement Date RETURN DOCUMENTS TO: Clarissa Johnson City of Corpus Christi — Finance - Procurement 1201 Leopard St. - City Hall, First Floor Corpus Christi, TX 78469-9277