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HomeMy WebLinkAboutC2021-323 - 11/9/2021 - Approved DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 0 °b�nnwo�Ay"v 1852 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and JM Davidson 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: Salt Flats Levee Improvements Project No. E17117 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Govind Development, LLC 9510 Leopard Street Corpus Christi,Texas,78410 rahmed@govinddevelopment.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP,Asst. Director of Construction Management 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 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 150 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 Salt Flats Levee Improvements—Project No. E17117 Rev 7/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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$750.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$750.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 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 $ 903,679.00 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 Salt Flats Levee Improvements—Project No. E17117 Rev 7/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Salt Flats Levee Improvements—Project No. E17117 Rev 7/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Salt Flats Levee Improvements—Project No. E17117 Rev 7/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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. Exhibits to this Agreement: a. Contractor's Bid Form. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response,which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award,which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Salt Flats Levee Improvements—Project No. E17117 Rev 7/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES d�W.-ed by: X.QF QQPtPUS CHRISTI 12/13/2021 12/10/2021 37A77R941]518476_ E5ECBFFI3CEF4A0... Rebecca Huerta Jeff Edmonds, P.E. City Secretary Director of Engineering Services M2021-208 AUTHORIZED 11/09/2021 APPROVED AS TO LEGAL FORM: BY COUNCIL cuSigned by: E�t295FCCOEB4EC 12/10/2021 RH/SB _.. Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR JM Davi Pft"nedby: (Seal Below) By: �A*('s 12/7/2021 -E4&5_4LA3EE244E2 VP of Marine Construction Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 2564 County Road 1960 Financial Officer Address Aransas Pass Texas 78336 City State Zip 361-883-0983 N/A Phone Fax james@jmdavidson.com Email END OF SECTION Agreement 005223-6 Salt Flats Levee Improvements—Project No. E17117 Rev 7/2020 000uSign Envelope |o:4oaE7c71'cEcn-4ono+A41o+AonEaaaEAoc4 003OO1BID FORM Project Name: SALT FLATS LEVEE IMPROVEMENTS Project Number: E17117 LOwner: City of Corpus Christi OAR: TBID 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: JM Davidson Ltd (full legal name of Bidder) 42 signature: (signature of person with authority to bind the Bidder) Name: James Oiivarez (printed name of person signing Bid Form) Title: VP of Operations (title of person signing Bid Form) Attest: (signature) State of Residency: Texas Federal Tx ID No. 74-2239281 Address for Notices: 2564 County Road 1960 Aransas Pass TX 78336 .Phone: 361-883-0983 Email: james��Jmdavidsonxom Basis ofBid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED I QUANTITY AMOUNT Base Bid Part A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION LS 155,000.00 155,000.00 A2 BONDS& INSURANCE AL 13475.00 13,475.00 A3 TRAFFIC CONTROL PLAN &IMPLEMENTATION LS 35,585.0 E35,585.00 A4 SWPPP & BMP'S LS 19,309.00 1930900 A5 ALLOWANCE FOR UNANTICIPATED IMPROVEMENTS IAL 20,000.00 20,000.00 1Part B-LEVEE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Bid Form 003OOl Page Iof2 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 00 30 01 BID FORM Item DESCRIPTION UNIT QUANTITY ESTIMATED UNIT PRICE EXTENDED AMOUNT 131 CLEAR UNWANTED VEGETATION ACRE 2 14,840.50 29,681.00 B2 REPAIR LEVEE CY 460 159.53 73 383.80 SUBTOTAL PART B-LEVEE IMPROVEMENTS(items 61 thru 132) 103,064.80 Part C•NEW RETAINING WALL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 DEMO. EXIST. CRIB WALL LS 1 34,164.00 34 164.00 C2 NEW RETAINING WALL LF 113 1 177.49 133,056.37 C3 BACK FILL AND COMPACT MATERIAL AROUND NEW RETAINING WALL CY 370 105.48 -3191-02-7.60 C4 SOD DISTURBED AREA AROUND NEW RETAINING WALL SY 889 7,17 6,374.13 SUBTOTAL PART C-NEW RETAINING WALL(Items C1 thru C4) 212 622.10 Part D-REPLACE STORM OUTFALL FLAP GATES(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 DEMO.AND DISPOSE OF 5 EXIST. FLAP GATES LS 1 1$,551.00 18,551.00 D2 SLIP-IN CHECK VALVES(18"-36") LS 11141,531.00 141,531.00 D3 DEWATERING AND CLEANING OF 5 OUTFALLS 11S 11 126.134-00. 126 134.00 SUBTOTAL PART D-REPLACE STORM OUTFALL FLAP GATES(D1 THRU D3) 286 216.00 Part E•OUTFALL LINE REPAIR(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 JOUTFALL LINE REHABILITATION BY FLEXIBLE LINING ILF 451 742.78 1 33,425.10 SUBTOTAL PART E-OUTFALL LINE REPAIR (E1) 1 33,425.10 Part F- FLOODGATE CLOSURE STRUCTURE REPAIRS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 ICONCRETE REPAIRS,COVER PLATE BOLTS AT ALL 4 CLOSURE GATES LS 1124,982.00 1 24,982.00 SUBTOTAL PART F-FLOOD GATE CLOSURE STRUCTURE REPAIRS(F1) 1 24,982.00 TOTAL PROJECT BASE BID (PARTS A THRU F) 903,679.00 •••">> �/2orzo2T S�ptE OF rEX4s�+f AJMER.....SKULAR i 4959999 . ... .._ . r Bid Form 00 30 01-Page 2 of 2 SALT FLATS LEVEE IMPROVEMENTS (E17117) Rev 8/2019 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 CONTRACT DOCUMENTS FOR CONSTRUCTION OF Salt Flats Levee Improvements PROJECT NUMBER E17117 0 _ 1 C-�P� OF to 8/10/21 / AJMER S. KJ�AR / ?� p �48599 Q �� Govind Development, LLC TBPE Firm No. 10101 9510 Leopard St., Corpus Christi, TX. 78410 Record Drawing Number NONE DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 00 01 00 TABLE OF CONTENTS Division/ Title Section Division 00 Preface Documents 00 00 00 Cover Sheet 00 01 00 Table of Contents 00 01 02 List of Drawings Division 00 Procurement and Contracting Requirements 00 52 23 Agreement (Rev07-2020) 00 72 00 General Conditions (Rev 12-2020) 00 73 00 Supplementary Conditions (Rev2-2020) 00 74 00 Special Conditions for [Name of Program] NONE (Rev 10-2018) Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-2018) 01 23 10 Alternates and Allowances(Rev5-2020) 01 29 01 Measurement and Basis for Payment (Rev5-2020) 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 021020 Site Clearing&Stripping 021040 Site Grading 022021 Control of Ground Water 022022 Trench Safety for Excavations 022080 Embankment 022100 Select Material 022420 Silt Fence 027611 Cleaning And Televised Inspection of Conduits 028020 Seeding 028040 Sodding 030020 Portland Cement Concrete Table of Contents 000100-1 Salt Flats Levee Improvements E17117 Rev 5/2021 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Division/ Title Section 032020 Reinforcing Steel 37040 Epoxy Compounds (5-44) 038000 Concrete Structures 050200 Welding Part T Technical Specifications 100001-T Slip-In Check Valve 100002-T Excavation and Backfill for Structures 100003-T Flowable Backfill (Reference Specification) 100004-T Hydraulic Cement (Reference Specification) 100005-T Fly Ash (Reference Specification) 100006-T Temporary Special Shoring (Reference Specification) 100007-T Concrete Substructures (Reference Specification) 100008-T Retaining Walls (Reference Specification) 100009-T Excavation (Reference Specification) 100010-T Culvert Rehabilitation Flexible Lining Process Appendix All Testing Reports as Applicable 1 Geotechnical Report END OF SECTION Table of Contents 000100-2 Salt Flats Levee Improvements E17117 Rev 5/2021 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 LIST OF DRAWINGS SHEET NO. DESCRIPTION 1 Title Sheet and Sheet Index 2 Project Layout/Control Map 3 General Notes 4 Testing Schedule, Estimated Quantities Summary& Legend 5 Storm Water Base Map 6 Water Base Map 7 Wastewater Base Map 8 Gas Base Map 9 Storm Water Drainage Area Map 10 Existing Topography Sta. -3+00 To Sta. 0+00 11 Existing Topography Sta. 0+00 To Sta. 4+00 12 Existing Topography Sta. 4+00 To Sta. 8+00 13 Existing Topography Sta. 8+00 To Sta. 12+00 14 Existing Topography Sta. 12+00 To Sta. 16+00 15 Existing Topography Sta. 16+00 To Sta. 20+00 16 Existing Topography Sta. 20+00 To Sta. 24+00 17 Existing Topography Sta. 24+00 To Sta. 28+00 18 Existing Topography Sta. 28+00 To Sta. 32+00 19 Storm Water Plan and Profile Sta. -3+00 To Sta. 0+00 20 Storm Water Plan and Profile Sta. 0+00 To Sta. 4+00 21 Storm Water Plan and Profile. Sta. 4+00 To Sta. 8+00 22 Storm Water Plan and Profile Sta. 8+00 To Sta. 12+00 23 Storm Water Plan and Profile Sta. 12+00 To Sta. 16+00 24 Storm Water Plan and Profile Sta. 16+00 To Sta. 20+00 25 Storm Water Plan and Profile Sta. 20+00 To Sta. 24+00 26 Storm Water Plan and Profile Sta. 24+00 To Sta. 28+00 27 Storm Water Plan and Profile Sta. 28+00 To Sta. 32+00 28 Retaining Wall Plan 29 Existing And Proposed Typical Section Sta. 3+63.00 30 Retaining Wall Section & Details 31 Retaining Wall Details 32 Citgo Tract Levee Plan Layout 33 Typical Levee Cross Section 34 Flood Gate Repairs Plan & Details 35 18110, 24110, 33"0& 36"0 In Line Neoprene Check Valve Details 36 Outfall 7 Rehabilitation by Flexible Lining 37 Storm Water Pollution Prevention Plan Sta. 16+50 to Sta. 27+00 38 Storm Water Pollution Prevention Standard Details List of Drawings 000102 Salt Flats Levee Improvements E17117 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Division 00 Procurement and Contracting Requirements DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 sc 0 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: Salt Flats Levee Improvements E17117 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Govind Development, LLC 9510 Leopard Street Corpus Christi,Texas,78410 rahmed@govinddevelopment.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel Assistant Director of Engineering Services: Construction Management Engineering Services 1201 Leopard Street Corpus Christi,Texas,78401 brettvh@cctexas.com ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 150 days after the date when the Contract Times commence to run. Agreement 005223-1 Salt Flats Levee Improvements E17117 Rev 7/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones,and the dates for completion of each,are as defined in Section 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$750 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$750 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 $ Agreement 005223-2 Salt Flats Levee Improvements E17117 Rev 7/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, 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. Agreement 005223-3 Salt Flats Levee Improvements E17117 Rev 7/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement 005223-4 Salt Flats Levee Improvements E17117 Rev 7/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response,which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Salt Flats Levee Improvements E17117 Rev 7/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff 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 Entail END OF SECTION Agreement 005223-6 Salt Flats Levee Improvements E17117 Rev 7/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 30.21 Notices. .................................................................................................................................131 General Conditions 007200-9 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. E. Contractor is entitled to an equitable adjustment in the Contract Price or Contract Times as provided in Paragraphs 11.04 and 11.05 to the extent that the existing Underground Facility at the Site that was not shown or indicated in the Contract Documents or was not shown or indicated with reasonable accuracy. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 15.03. F. Contractor is not entitled an adjustment in the Contract Price or Contract Times with respect to an existing Underground Facility at the Site if: 1. Contractor knew of the existence of the existing Underground Facility at the Site at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; 2. The existence of the existing Underground Facility at the Site could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or 3. Contractor failed to give notice as required by Paragraph 5.05.B. G. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of adjustments in the Contract Price or Contract Times no later than 30 days after OAR's issuance of OPT's statement to Contractor regarding the Underground Facility. 5.06 Hazardous Environmental Conditions at Site A. The Supplementary Conditions identify: 1. Those reports and drawings known to OPT relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in these reports and drawings. B. Contractor may rely upon the accuracy of the Technical Data contained in reports and drawings relating to Hazardous Environmental Conditions identified in the Supplementary General Conditions 007200-26 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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. I 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 F. Contractor may be entitled to an adjustment in Contract Price or Contract Times with respect to a replacement of Subcontractors, Suppliers, or other entities required by Owner. The Contractor is not entitled to an adjustment in Contract Price or Contract Time with respect to replacement of any individual deemed unsuitable by the OPT. Notify OAR immediately if a replacement of Subcontractors, Suppliers, or other entity increases the Contract Price or Contract Times. Initiate a Change Proposal for the adjustment within 10 days of Owner's notice to replace a Subcontractor,Supplier,or other entity retained by Contractor to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. G. Owner's initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the Contractor to complete the Work in accordance with the Contract Documents. H. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work. I. Contractor is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Contractor is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. K. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OPT through Contractor. L. Contracts between the Contractor and their Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. Contractor is responsible for meeting the requirements of the Contract Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers' Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. M. OPT may furnish information about amounts paid to Contractor for Work provided by Subcontractors or Suppliers to the entity providing the Work. N. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the Contractor's Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the Contractor's Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, General Conditions 007200-40 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 occu r. General Conditions 007200-47 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 c. Costs of hand tools not owned by the workers consumed in the performance oft he 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK 16.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor's safety procedures and programs as part of providing safe access. 16.02 Tests, Inspections and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work; 6. For re-inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 16.03 Defective Work A. It is Contractor's obligation to ensure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner's special warranties or guarantees when correcting Defective Work. General Conditions 007200-65 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 fol low the procedures of Paragraph 17.11 for this part of the Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 17.13 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 17.14 Final Application for Payment A. Include adjustments to the Contract Price in the final Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Allowances not previously adjusted by Change Order, 3. Deductions for Defective Work that has been accepted by the Owner, 4. Penalties and bonuses, 5. Deductions for liquidated damages, 6. Deduction for all final set-offs, and 7. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. General Conditions 007200-77 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 17.17.13 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. 2. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. General Conditions 007200-85 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 30.19 Contract Sum A. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total maximum not-to-exceed amount payable by Owner to Contractor for performance of the Work under the Contract Documents. Contractor accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the Corpus Christi City Council. If funds are not available and/or appropriated,this Contract shall immediately be terminated with no liability to any party to this Contract. 30.20 Contractor's Guarantee as Additional Remedy A. The Contractor's guarantee is a separate and additional remedy available to benefit the Owner. Neither the guarantee nor the expiration of the guarantee period will operate to reduce, release or relinquish any rights or remedies available to the Owner for any claims or causes of action against the Contractor or any other individual or entity. 30.21 Notices. A. Any notice required to be given to Owner under any provision in this Contract must include a copy to OAR by mail or e-mail. END OF SECTION General Conditions 007200- 131 Corpus Christi Standards Rev 12/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Govind Development, LLC ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 13 rain days have been set for this Project. An extension of time due to rain days will be considered only after 13 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule Supplementary Conditions 007300-1 Salt Flats Levee Improvements E17117 Rev 2/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: GEOTECHNICAL ENGINEERING REPORT - Proposed Salt Flats Levee Improvements Corpus Christi, Texas, February 3, 2021, BY: PROFESSIONAL SERVICE INDUSTRIES, INC. 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 Workers' Compensation Statutory Supplementary Conditions 007300-2 Salt Flats Levee Improvements E17117 Rev 2/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.02 LABOR;WORKING HOURS B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of person or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between sunrise and sunset Monday through Saturday_unless other times are specifically authorized in writing by OAR. SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." 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: Supplementary Conditions 007300-3 Salt Flats Levee Improvements E17117 Rev 2/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Wage Determination Construction Type Project Type (WD) No TX21 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) "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$10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least$10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set Supplementary Conditions 007300-4 Salt Flats Levee Improvements E17117 Rev 2/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 * SUTX1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting).............................................$ 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. ---------------------------------------------------------------- ---------------------------------------------------------------- Supplementary Conditions 007300-5 Salt Flats Levee Improvements E17117 Rev 2/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination.The classifications are listed in alphabetical order of""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), Supplementary Conditions 007300-6 Salt Flats Levee Improvements E17117 Rev 2/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Supplementary Conditions 007300-7 Salt Flats Levee Improvements E17117 Rev 2/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based.The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state.The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: Supplementary Conditions 007300-8 Salt Flats Levee Improvements E17117 Rev 2/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 * 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 U.S. Department of Labor 200 Constitution Avenue, N.W. Supplementary Conditions 007300-9 Salt Flats Levee Improvements E17117 Rev 2/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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" 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 Govind Development, LLC 361-241-2777 Ajmer Kular, P.E. 361-242-4490 Traffic Engineering 361-826-3547 Police Department 361-882-2600 Water/Wastewater/Stormwater 361-826-1800 (361-826-1818 after hours) Supplementary Conditions 007300-10 Salt Flats Levee Improvements E17117 Rev 2/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Public Agencies/Contacts Phone Number 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) Ce ntu ryl-i n k 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 END OF SECTION Supplementary Conditions 007300-11 Salt Flats Levee Improvements E17117 Rev 2/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 00 74 00 SPECIAL CONDITIONS FOR [NAME OF PROGRAM] NONE ARTICLE 1—GENERAL 1.01 FUNDING AGENCY REQUIREMENTS A. This Project is funded in whole or in part by NONE. 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. END OF SECTION Special Conditions for[Funding Agency] NONE 007400-1 Salt Flats Levee Improvements E17117 Rev 10/2018 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Division 01 General Requirements DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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. Remove 130' Crib Wall and replace with a Retaining Wall to top elevation +13.0 feet(NAVD88). 2. Repair Delaminated Concrete Support, Cover Plate Bolts on all four flood gate closure structures. 3. Reconstruct the levee from STA. 16+74 to 26+66 with a top elevation of 13' (NAVD88).The new levee top will transition to match existing elevation. 4. Remove Trees that could impact the structural integrity of the earthen levee. 5. Replace 5 of the 9 existing Storm Outfall Flap Gates with new Slip-In Check Valves. 6. Dewatering and cleaning of the outfalls prior to new Slip-in Check Valve installation. 7. Rehabilitation of Outfall 7 by an addition of a flexible lining inside of the pipe. 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: 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. 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: NONE Summary of Work 011100-1 Salt Flats Levee Improvements E17117 Rev 10/2018 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Salt Flats Levee Improvements E17117 Rev 10/2018 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. Alternates: 1. This Section describes each alternate by number and describes the basic changes to be incorporated into the Work when this alternate is made a part of the Work in the Agreement. 2. Drawings and Specifications will outline the extent of Work to be included in the alternate Contract Price. 3. Coordinate related Work and modify surrounding Work as required to properly integrate the Work under each alternate,and provide a complete and functional Project as required by the Contract Documents. 4. Bids for alternates may be accepted or rejected at the option of the Owner. 5. Owner may incorporate these alternates in the Contract when executed, or may issue a Change Order to incorporate these alternates within 120 days at the prices offered in the Bid, unless noted otherwise. A Request for a Change Proposal may be issued after 120 days or other designated time period to negotiate a new price for incorporating the Work into the Project. B. Allowances: 1. Include specified allowance amount in the Contract Price. 2. The amount of each allowance includes: a. The cost of the product to the Contractor less any applicable trade discounts. b. Delivery to the Site. c. Applicable taxes. 3. Include in the Contract Price all costs for: a. Handling at the Site, including unloading, uncrating, and storage per Article 19 of SECTION 0172 00 GENERAL CONDITIONS. b. Cost for labor and equipment for installation and finishing. c. Cost for related products not specifically listed in the allowance required for installation, including consumable supplies and materials. d. All overhead, profit, and related costs. 4. Assist Owner in the selection of products. a. Identify qualified Suppliers. b. Obtain bids from qualified Suppliers. C. Present available alternates to the Owner through the OAR. Notify OAR of: 1) Any objections to a particular Supplier or product. Alternates and Allowances 012310-1 Salt Flats Levee Improvements E17117 Rev 5/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 2) Effect on the Construction Schedule anticipated by the selection of each option. 3) Cost of each option. 5. Upon selection of the product: a. Purchase and install the product. b. Contractor's responsibilities for products shall be the same as for products selected by the Contractor. 6. Submit a Change Proposal per Article 12 of SECTION 00 72 00 GENERAL CONDITIONS to adjust Contract Price if the net cost of the product is more or less than the specified amount. a. Adjust the unit cost applied to the quantities installed per the method of payment described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS for products specified as Unit Price Work. b. Do not perform Work until selection of alternate has been approved by the Owner. C. Provide actual invoices for the materials. 1.02 DOCUMENT SUBMITTALS A. Provide documents for materials furnished as part of the alternate in accordance with Article 24 of SECTION 00 72 00 GENERAL CONDITIONS. 1.03 DESCRIPTION OF ALTERNATES NONE 1.04 DESCRIPTION OF ALLOWANCES A. Allowance A—Bonds and Insurance 1. A maximum of 2%of the bid price to be used for the purchase of bonds and insurance required for the Project. B. Allowance B- ALLOWANCE FOR UNANTICIPATED IMPROVEMENTS: 1. The sum of$20,000 to be used for unanticipated improvements. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 012310-2 Salt Flats Levee Improvements E17117 Rev 5/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Salt Flats Levee Improvements E17117 Rev 5/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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—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. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment 012901-2 Salt Flats Levee Improvements E17117 Rev 5/2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 0133 01 Submittal Register 021020 Site Clearing&Stripping VARIOUS Record Data 021040 ISite Grading VARIOUS Record Data 022021 Control of Ground Water VARIOUS Record Data 022022 Trench Safety for Excavations VARIOUS Record Data 022080 Embankment VARIOUS Record Data 022100 Select Material VARIOUS Record Data 022420 Silt Fence VARIOUS Record Data 027611 Cleaning And Televised Inspection of Conduits VARIOUS Record Data 028020 Seeding VARIOUS Record Data 028040 Sodding VARIOUS Record Data 030020 Portland Cement Concrete VARIOUS Record Data 032020 Reinforcing Steel VARIOUS Record Data 37040 1 Epoxy Compounds 5-44 VARIOUS Record Data 038000 Concrete Structures VARIOUS Record Data 050200 Welding VARIOUS Record Data 100001-T Slip-In Check Valve VARIOUS Record Data 100002-T Excavation and Backfill for Structures VARIOUS Record Data 100003-T Flowable Backfill Reference Specification) VARIOUS Record Data 100004-T 1 Hydraulic Cement Reference Specification) VARIOUS Record Data 100005-T Fly Ash Reference Specification) VARIOUS Record Data 100006-T Temporary Special Shoring(Reference Specification) VARIOUS Record Data 100007-T Concrete Substructures Reference Specification) VARIOUS Record Data 100008-T Retaining Walls Reference Specification) VARIOUS Record Data 100009-T Excavation Reference Specification) VARIOUS Record Data 100010-T Culvert Rehabilitation Flexible Lining Process VARIOUS Record Data Submittal Register 01 33 01-1 Salt Flats Levee Improvements E17117 10/2018 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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: NONE B. Work shall be completed within the specified time for these items: Description Time NA C. Consider the sequences, duration limitations, and governing factors outlined in this Section to prepare the schedule for the Work. D. 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 for construction; 2. Work to be performed; 3. Utilities, piping, or services affected; 4. Length of time the service or utility will be disturbed; 5. Procedures to be used to carry out the Work; 6. Plan of Action to handle emergencies; 7. List of manpower, equipment, and ancillary supplies; Special Procedures 013500-1 Salt Flats Levee Improvements E17117 Rev 10/2018 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 8. Backups for key pieces of equipment and key personnel; 9. Contingency plan that will be used if the original schedule cannot be met; and C. Submit plan 2 weeks prior to beginning the Work. 1.03 CRITICAL OPERATIONS A. The Owner has identified critical operations that must not be out of service longer than the designated maximum time out of service and/or must be performed only during the designated times. These have been identified in the table below: Max.Time Hours Operation Liquidated Critical Operation Out of Operation can be Shut Down Damages ($ per hour) NA B. Submit a written plan of action per Paragraph 1.02 for approval for critical operations. C. Work affecting critical operations is to be performed on a 24-hour a day basis until Owner's normal operations have been restored. D. Provide additional manpower and equipment as required to complete the Work affecting critical operations within the allotted time. E. Liquidated damages will be assessed if Work on critical operations is not completed within the time indicated. 1. Liquidated damages have been established for each critical operation. F. Designated Critical Operations are described in more detail as follows: None 1.04 OWNER ASSISTANCE A. The Owner will assist the Contractor in draining the existing pipelines as much as possible through existing blow-off valves. The Contractor will be responsible for providing dewatering pumps, etc. required to completely dewater the facilities and handle any leakage past closed valves,gates or adjacent structures. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures 013500-2 Salt Flats Levee Improvements E17117 Rev 10/2018 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Salt Flats Levee Improvements E17117 Rev 8/2019 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 FIELD OFFICE NOT REQUIRED 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 10 people. C. Other trades may provide their own offices only when space is available at the Site, and the OPT agrees to its size, condition, and location. D. No monthly partial payments will be processed until OPT's field office facilities are completed and approved. 2.02 TEMPORARY STORAGE BUILDINGS A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 2.03 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times,and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the Site shall be more than 600 feet from a toilet. B. Use these sanitary facilities. Do not use restrooms within existing or Owner-occupied buildings. 2.04 TEMPORARY HEAT A. Provide heating devices needed to protect buildings during construction. Provide fuel needed to operate the heating devices and attend the heating devices at all times they are in operation, including overnight operations. Temporary Facilities and Controls 015000-2 Salt Flats Levee Improvements E17117 Rev 8/2019 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 2.05 TEMPORARY UTILITIES A. Provide the temporary utilities for administration, construction, testing, disinfection, and start-up of the Work, including electrical power, water, and telephone. Pay all costs associated with furnishing temporary utilities. 1. Provide a source of temporary electrical power of adequate size for construction procedures. a. Use existing power systems where spare capacity is available. Provide temporary power connections that do not adversely affect the existing power supply. Submit connections to the OAR for approval prior to installation. b. Provide electrical pole and service connections that comply with Laws and Regulations and the requirements of the power company. 2. Provide telephone service to the Site and install telephones inside the Contractor's and the OPT's field office. 2.06 WATER FOR CONSTRUCTION A. Provide temporary water. Potable water may be purchased from the Owner by obtaining a water meter from the Owner and transporting water from a water hydrant. Non-potable water may be used for hydraulic testing of non-potable basins or pipelines. Include the cost of water in the Contract Price. B. Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Site throughout construction. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS A. The Owner will furnish two Project signs to be installed by the Contractor.The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the OAR. 3.03 TEMPORARY LIGHTING A. Provide temporary lighting inside buildings once buildings are weatherproof. B. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. 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. Temporary Facilities and Controls 015000-3 Salt Flats Levee Improvements E17117 Rev 8/2019 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 3.04 DRINKING WATER A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. 3.05 CONSTRUCTION FENCE A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 3.06 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds,and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. 3.07 MAINTENANCE AND JANITORIAL SERVICE A. Provide janitorial service (sweeping/mopping) for the OPT's field office on a weekly basis or as requested. Empty trash receptacles daily or as needed. B. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. C. Repair any damage to Work caused by placement or removal of temporary signage. D. Service, maintain, and replace, if necessary, the OPT's field office computer equipment throughout the Project as required by the OPT including replacement cartridges for all office equipment. END OF SECTION Temporary Facilities and Controls 015000-4 Salt Flats Levee Improvements E17117 Rev 8/2019 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Salt Flats Levee Improvements E17117 Rev 8/2019 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Salt Flats Levee Improvements E17117 Rev 8/2019 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Salt Flats Levee Improvements E17117 Rev 8/2019 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 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 Salt Flats Levee Improvements E17117 Rev 8/2019 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 C. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. D. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream,the [Corpus Christi Bay] [Oso Creek] [Laguna Madre] [CC Ship Channel]. E. Testing of groundwater quality is to be performed by the 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 Salt Flats Levee Improvements E17117 Rev 8/2019 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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, [Owner] 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 Salt Flats Levee Improvements E17117 Rev 8/2019 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Part S Standard Specifications DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 SECTION 022021 CONTROL OF GROUND WATER 1. GENERAL 1.1 SECTION INCLUDES A. Dewatering, depressurizing, draining, and maintaining trenches, shaft excavations, structural excavations, and foundation beds in a stable condition, and controlling ground water conditions for tunnel excavations. B. Protection of excavations and trenches from surface runoff. C. Disposing of removed ground water by approved methods. 1.2 REFERENCES A. ASTM D 698 - Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures, Using 5.5-lb (2.49 kg) Rammer and 12-inch (304.8 mm) Drop. B. Federal Regulations, 29 CFR Part 1926, Standards-Excavation, Occupational Safety and Health Administration (OSHA). C. Federal Register 40 CFR (Vol. 55, No. 222)Part 122, EPA Administered Permit Programs (NPDES), Para.122.26(b)(14) Storm Water Discharge. 1.3 DEFINITIONS A. Ground water control includes both dewatering and depressurization of water-bearing soil layers. 1. Dewatering includes lowering the water table and intercepting seepage which would otherwise emerge from slopes or bottoms of excavations, or into tunnels and shafts, and disposing of removed ground water by approved methods. The intent of dewatering is to increase the stability of tunnel excavations and excavated slopes; prevent dislocation of material from slopes or bottoms of excavations; reduce lateral loads on sheeting and bracing; improve excavating and hauling characteristics of excavated material; prevent failure or heaving of the bottom of excavations; and to provide suitable conditions for placement of backfill materials and construction of structures,piping and other installations. 2. Depressurization includes reduction in piezometric pressure within strata not controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom or instability of tunnel excavations. B. Excavation drainage includes keeping excavations free of surface and seepage water. 022021 Page 1 of 10 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 C. Surface drainage includes the use of temporary drainage ditches and dikes and installation of temporary culverts and sump pumps with discharge lines as required to protect the Work from any source of surface water. D. Equipment and instrumentation for monitoring and control of the ground water control system includes piezometers and monitoring wells, and devices, such as flow meters, for observing and recording flow rates. 1.4 PERFORMANCE REQUIREMENTS A. Conduct subsurface investigations as needed to identify ground water conditions and to provide parameters for design, installation, and operation of ground water control systems. B. Design a ground water control system, compatible with requirements of Federal Regulations 29 CFR Part 1926 and City Standard Specification Section 022022 - Trench Safety for Excavations, to produce the following results: 1. Effectively reduce the hydrostatic pressure affecting: a) Excavations (including utility trenches); b) Tunnel excavation, face stability or seepage into tunnels. 2. Develop a substantially dry and stable subgrade for subsequent construction operations. 3. Preclude damage to adjacent properties, buildings, structures, utilities, installed facilities, and other work. 4. Prevent the loss of fines, seepage, boils, quick condition, or softening of the foundation strata. 5. Maintain stability of sides and bottom of excavations. C. Provide ground water control systems which may include single-stage or multiple-stage well point systems, eductor and ejector-type systems, deep wells, or combinations of these equipment types. D. Provide drainage of seepage water and surface water, as well as water from any other source entering the excavation. Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump pumping. E. Provide ditches, berms,pumps and other methods necessary to divert and drain surface water away from excavations. F. Locate ground water control and drainage systems so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. 022021 Page 2 of 10 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 G. Assume sole responsibility for ground water control systems and for any loss or damage resulting from partial or complete failure of protective measures, and any settlement or resultant damage caused by the ground water control operations. Modify ground water control systems or operations if they cause or threaten to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells, or affect potentially contaminated areas. Repair damage caused by ground water control systems or resulting from failure of the system to protect property as required. H. Provide an adequate number of piezometers installed at the proper locations and depths as required to provide meaningful observations of the conditions affecting the excavation, adjacent structures, and water wells. L Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system. J. Decommission piezometers and monitoring wells installed during design phase studies and left for Contractors monitoring and use, if applicable. 1.5 ENVIRONMENTAL REQUIREMENTS A. Comply with requirements of agencies having jurisdiction. B. Comply with Texas Commission on Environmental Quality (TCEQ)regulations and Texas Water Well Drillers Association for development, drilling, and abandonment of wells used in dewatering system. C. Prior to beginning construction activities, file Notice of Intent(NOI) for Storm Water Discharges Associated with Construction Activity under the Texas Pollutant Elimination System (TPDES) General Permit No. TXR150000, administered by the Texas Commission on Environmental Quality (TCEQ). The general permit falls under the provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code. D. Prepare submittal form and submit to TCEQ along with application fee. E. Upon completion of construction, file Notice of Termination (NOT) for Storm Water Discharges Associated with Construction Activity under the TPDES General Permit with the TCEQ. F. Obtain all necessary permits from agencies with control over the use of ground water and matters affecting well installation, water discharge, and use of existing storm drains and natural water sources. Because the review and permitting process may be lengthy, take early action to pursue and submit for the required approvals. G. Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. 022021 Page 3 of 10 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 H. Conduct sampling and testing of ground water and receiving waters as outlined in Article 3 below. 2. PRODUCTS 2.1 EQUIPMENT AND MATERIALS A. Equipment and materials are at the option of Contractor as necessary to achieve desired results for dewatering. B. Eductors, well points, or deep wells, where used, shall be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design, installation, and operation. C. All equipment must be in good repair and operating order. D. Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. 3. EXECUTION 3.1 GROUND WATER CONTROL A. Perform a subsurface investigation by borings as necessary to identify water bearing layers, piezometric pressures, and soil parameters for design and installation of ground water control systems. Perform pump tests, if necessary to determine the drawdown characteristics of the water bearing layers. B. Provide labor, material, equipment, techniques and methods to lower, control and handle ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property. C. Install, operate, and maintain ground water control systems in accordance with the ground water control system design. Notify the City's Construction Inspector in writing of any changes made to accommodate field conditions and changes to the Work. Revise the ground water control system design to reflect field changes. D. Provide for continuous system operation, including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primary energy source for dewatering system. E. Monitor operations to verify that the system lowers ground water piezometric levels at a rate required to maintain a dry excavation resulting in a stable subgrade for prosecution of subsequent operations. F. Where hydrostatic pressures in confined water bearing layers exist below excavation, depressurize those zones to eliminate risk of uplift or other instability of excavation or installed 022021 Page 4 of 10 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 works. Allowable piezometric elevations shall be defined in the ground water control system design. G. Remove ground water control installations. I. Remove pumping system components and piping when ground water control is no longer required. 2. Remove piezometers and monitoring wells when directed by the City Engineer. 3. Grout abandoned well and piezometer holes. Fill piping that is not removed with cement- bentonite grout or cement-sand grout. H. During backfilling, dewatering may be reduced to maintain water level a minimum of 5 feet below prevailing level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downward pressure produced by weight of structure or backfill in place. Do not allow water levels to rise into cement stabilized sand until at least 48 hour after placement. L Provide a uniform diameter for each pipe drain run constructed for dewatering. Remove pipe drain when it has served its purpose. If removal of pipe is impractical,provide grout connections at 50-foot intervals and fill pipe with cement-bentonite grout or cement-sand grout when pipe is removed from service. J. Extent of construction ground water control for structures with a permanent perforated underground drainage system may be reduced, such as for units designed to withstand hydrostatic uplift pressure. Provide a means for draining the affected portion of underground system, including standby equipment. Maintain drainage system during operations and remove it when no longer required. K. Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. L. In unpaved areas, compact backfill to not less than 95 percent of Standard Proctor maximum dry density in accordance with ASTM D 698. In paved areas (or areas to receive paving), compact backfill to not less than 98 percent of Standard Proctor maximum dry density in accordance with ASTM D 698. 3.2 REQUIREMENTS FOR EDUCTOR, WELL POINTS, OR DEEP WELLS A. For above ground piping in ground water control system, include a I2-inch minimum length of clear, transparent piping between every eductor well or well point and discharge header so that discharge from each installation can be visually monitored. B. Install sufficient piezometers or monitoring wells to show that all trench or shaft excavations in water bearing materials are pre-drained prior to excavation. Provide separate piezometers for 022021 Page 5 of 10 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 monitoring of dewatering and for monitoring of depressurization. Install piezometers and monitoring wells for tunneling as appropriate for Contractor's selected method of work. C. Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation (including trenching). D. Dewatering may be omitted for portions of underdrains or other excavations, but only where auger borings and piezometers or monitoring wells show that soil is pre-drained by an existing system such that the criteria of the ground water control system design are satisfied. E. Replace installations that produce noticeable amounts of sediments after development. F. Provide additional ground water control installations, or change the methods, in the event that the installations according to the ground water control system design do not provide satisfactory results based on the performance criteria defined by the ground water control system design and by these specifications. 3.3 EXCAVATION DRAINAGE A. Contractor may use excavation drainage methods if necessary to achieve well drained conditions. The excavation drainage may consist of a layer of crushed stone and filter fabric, and sump pumping in combination with sufficient wells for ground water control to maintain stable excavation and backfill conditions. 3.4 MAINTENANCE AND OBSERVATION A. Conduct daily maintenance and observation of piezometers or monitoring wells while the ground water control installations or excavation drainage are operating in an area or seepage into tunnel is occurring. Keep system in good condition. B. Replace damaged and destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule. C. Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform observation as excavation proceeds. Continue to maintain and make observations, as specified. D. Remove and grout piezometers inside or outside the excavation area when ground water control operations are complete. Remove and grout monitoring wells when directed by the City Engineer. 3.5 MONITORING AND RECORDING A. Monitor and record average flow rate of operation for each deep well, or for each wellpoint or eductor header used in dewatering system. Also monitor and record water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved, and twice weekly thereafter. 022021 Page 6 of 10 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 B. Observe and record elevation of water level daily as long as ground water control system is in operation, and weekly thereafter until the Work is completed or piezometers or wells are removed, except when City Engineer determines that more frequent monitoring and recording are required. Comply with Construction Inspector's direction for increased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. 3.6 SAMPLING, TESTING AND DISPOSAL OF GROUND WATER A. It is the intent that the Contractor discharge groundwater primarily into the existing storm water system in accordance with City Ordinance, Article XVI, Section 55-203, only if the groundwater is uncontaminated and the quality of the ground water is equal to or better than the quality of the receiving stream. B. The Contractor shall prevent ground water from trench or excavation dewatering operations from discharging directly into the storm water system prior to testing and authorization. Ground water from dewatering operations shall be sampled and tested, and disposed of by approved methods. C. Laboratory analysis of groundwater and receiving water quality is to be performed by the Contractor at the Contractor's expense,prior to commencing discharge, and groundwater analysis shall be performed by the Contractor at a minimum of once per week. Contractor shall coordinate with the City Storm Water Department on all laboratory analysis. Laboratory analysis of groundwater shall also be performed at each new area of construction prior to discharge from that location. D. Sample containers, holding times,preservation methods, and analytical methods, shall either follow the requirements in 40 CFR Part 136 (as amended), or the latest edition of"Standard Methods for the Examination of Water and Wastewater." Any laboratory providing analysis must be accredited or certified by the Texas Commission on Environmental Quality according to Title 30 Texas Administrative Code (30 TAC) Chapters 25 for the matrices, methods, and parameters of analysis, if available, or be exempt according to 30 TAC §25.6. E. Analysis of the ground water discharge shall show it to be equal to or better than the quality of the first natural body of receiving water. This requires testing of both the receiving water and a sample of the ground water. All parts of this procedure shall be complete prior to any discharge of ground water to the storm water system. F. Steps to Determine Legitimate Discharge: 1. Identify the First Receiving Water. a) When the first body of water is a fresh water system (Nueces River or Oso Creek), the analysis typically fails because the local ground water will likely be too high in Total Dissolved Solids (TDS). In the case of a perched aquifer, the ground water may turn out fairly fresh, but local experience shows this to be unlikely. b) If the receiving water is a marine environment,proceed with Step 2 below to compare the ground water quality to receiving water quality. 022021 Page 7 of 10 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 2. Compare Ground Water Discharge Quality to Receiving Water Quality. The following table, Ground Water Discharge Limits, indicates that the parameters to compare to the receiving water are Total Dissolved Solids (TDS) and Total Suspended Solids (TSS). If the ground water results are equal to or better than the receiving water, then the discharge may be authorized as long as the discharge does not exceed the other parameters which would indicate hydrocarbon contamination. Note that the receiving water only needs to be tested initially as a baseline and the ground water shall be tested weekly to ensure compliance. GROUND WATER DISCHARGE LIMITS Ground Receiving Water Water Monitoring Monitoring Maximum Parameter Frequency Frequency Limitation Total Dissolved Once Prior to Solids (TDS) Initial +Weekly Discharge <Receiving Water Total Suspended Once Prior to Solids (TSS) Initial +Weekly Discharge <Receiving Water Total Petroleum Hydrocarbons Initial +Weekly 15 mg/L Total Lead Initial +Weekly 0.1 mg/L Benzene Initial +Weekly 0.005 mg/L Total BTEX Initial +Weekly 0.1 mg/L Polynuclear Aromatic Hydrocarbons Initial +Monthly 0.01 m /L 3. Analyze Ground Water for Hydrocarbon Contamination. All other parameters listed on the Ground Water Discharge Limits table must be analyzed prior to ground water discharge to the storm water system. If no limits are exceeded, ground water discharge to the storm water system may be authorized following notification to the MS4 operator(City of Corpus Christi) and all Pollution Prevention Measures for the project are in place. Analytical results shall be on-site or readily available for review by local, state or federal inspectors. Note that this step is frequently done simultaneously with Step 2 above to shorten analytical processing time. 4. Pollution Prevention Measures. A storm water pollution prevention plan or pollution control plan shall be developed and implemented prior to any ground water discharges to the storm water system. The plan's objectives are to limit erosion and scour of the storm water system, and minimize Total Suspended Solids (TSS) and other forms of contamination, and prevent any damage to the storm water system. Note that ground water discharges must cease immediately upon the first recognition of contamination, either by sensory or analytical methods. If the discharge of groundwater results in any damages to the storm water system, the responsible party 022021 Page 8 of 10 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 shall remediate any damage to the storm water system and the environment to the satisfaction of the Storm Water Department and/or any State or Federal Regulatory Agency. 5. MS4 Operator Notification. The MS4 operator shall be notified prior to ground water discharge to the storm water system. Contractor shall contact the designated City MS4 representative to request authorization to discharge ground water to the storm water system. Notification shall include: Project Name: Responsible Parry: Discharge Location: Receiving Water: Estimated Time of Discharge: Linear Project: Yes /No Pollution Prevention Measures Implemented: Statement indicating all sampling and testing has been conducted and meets the requirements of a legitimate discharge. G. Discharges to Wastewater System In the event that the groundwater does not equal or exceed the receiving water quality, an alternative disposal option would include pumping to the nearest sanitary sewer system. Discharge to the sanitary sewer system requires a permit from the Wastewater Department. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater treatment plant, the costs for these operations shall be negotiated. Contractor shall contact the Pretreatment Group for City Utility Operations to obtain a Wastewater Discharge Permit Application for authorization to discharge to the wastewater system. Authorization approval will include review of laboratory analysis of the ground water and estimated flow data. Note that groundwater discharges must cease immediately upon the first recognition of contamination, either by sensory or analytical methods. If the discharge of groundwater results in any damages to the wastewater collection system or wastewater overflows, the responsible parry shall remediate any damage to the wastewater collection system and the environment to the satisfaction of the Wastewater Department and/or any State or Federal Regulatory Agency. H. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. 3.7 SURFACE WATER CONTROL A. Intercept surface water and divert it away from excavations through the use of dikes, ditches, curb walls,pipes, sumps or other approved means. B. Divert surface water into sumps and pump into drainage channels or storm drains, when 022021 Page 9 of 10 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 approved by the City Engineer. Provide settling basins when required by the City Engineer. C. Storm water that enters the 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. 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 manmade berm(s)prior to entering the storm water system. Sheet flow and ponding is required to allow solids screening and/or settling prior to entering the storm water system. Storm water or groundwater shall not be discharged to private property. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, control of ground water will not be measured and paid for separately, but shall be considered subsidiary to other bid items. 022021 Page 10 of 10 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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, gullet's, 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 SECTION 022100 SELECT MATERIAL 1. DESCRIPTION This specification shall govern the use of Select Material to be used to treat designated sections of roadways, embankments, trenches, etc. Select material shall be non-expansive sandy clay (CL) or clayey sand (SC), in accordance with the Unified Soil Classification System (ASTM D2487). Select Material shall meet the following requirements: Free of vegetation, hard lumps,rock fragments, or other debris No clay lumps greater than 2"diameter Liquid Limit(L.L.): <35 Plasticity Index (P.L)Range: 8 to 20 Moisture Content: as specified in the drawings 2. CONSTRUCTION METHODS Select material shall be mixed uniformly and placed in layers as indicated, not to exceed 10 inches loose depth(or 12 inches maximum for sanitary sewer trench backfill per City Standard Details for Sanitary Sewers). Unless otherwise specified, the material shall be compacted to a minimum of 95% Standard Proctor density. Each layer shall be complete before the succeeding layer is placed. The finished surface of the select material shall conform to the grade and section shown on the drawings. 3. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, select material shall not be measured for pay, but shall be subsidiary to the appropriate bid item. 022100 Page 1 of 1 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 SECTION 027611 CLEANING AND TELEVISED INSPECTION OF CONDUITS 1. SCOPE This specification shall govern for all work, equipment, supervision and materials required to provide for cleaning and remote CCTV inspection and documentation of wastewater or other lines and manholes as required. 2. TECHNICAL REQUIREMENTS 2.1 General Closed circuit television inspection will typically be done under one or more of the conditions listed below. Requirements for on-screen labeling during each line segment set up, televising, video file labeling and hard copy inspection reports will be specifically addressed. The Contractor shall neither request nor receive assistance from the City, in the performance of work described in this specification. Unless otherwise specified and at Contractors expense, the Contractor shall provide for the control of wastewater flows and monitoring of the collection system for back-ups and surcharges, while flow control devices are in place. It shall be the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects or jobs (to include, but not necessarily limited to "Confined Space Entry". 2.2 Inspection Equipment and Methods Electronic media shall be used to record the condition of all the segments of the mains and the manholes, tap locations and unusual situations during inspection. The inspection imaging shall be made on color professional grade DVD format for each line segment. All observations will require both audio and on-screen display. The camera shall transit through the wastewater line in either direction at a speed not greater than 30 feet per minute, stopping as necessary to permit proper documentation of the wastewater line's condition. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. A television camera with pan and tilt capability will be required. The camera, television monitor, and other components of the video systems shall be capable of producing picture quality to the satisfaction of the City. The capture system shall have the capability of recording, digitizing and storing single frames of video images and "real time" live video, as well as collecting, storing and printing wastewater line inspection data for graphic display and report generation. The imaging capture system shall store digitized picture images, have the ability to export picture files to industry standard formats (jpg, bmp, and tif), be transferable to DVD and be printed at no cost to the City. Use of proprietary software is discouraged; however, if the Contractor provides the software and 027611 Page 1 of 8 Rev.3-25-2015 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 three licenses to the City, proprietary software COMPATIBLE with the City's GIS and existing database systems in use may be approved. However, in every case all observations will be recorded using the City approved PACP codes. 2.3 Flow Control/By-Passin; This procedure will be used on all previously accepted (City owned) line segments. Except for new wastewater line acceptance inspections, the line shall be dewatered during inspection. A water jet cleaning unit will normally be running in the line in advance of the television camera to allow the highest quality picture available. Dewatering shall remove standing water and fog from the line segment to provide 360 degree view of the pipe being televised. Too high water level or the camera being submerged will be grounds for rejection of the inspection. All wastewater flows from intersecting lines shall typically be controlled through the use of in-line plugs for vacuum trucks and are considered subsidiary to the inspection for all line sizes. Plugs in intersecting lines shall be installed by the Contractor with no assistance from the City. The Contractor shall also monitor the upstream system for back-ups and surcharges, which may lead to Sanitary Sewer Overflows (SSOs). The Contractor shall immediately report to the City Call Center (361) 826-2489 all sanitary sewer overflows. Flow Control devices shall be installed in accordance with all applicable OSHA requirements, including, but not necessarily limited to confined space protocol. 2.4 Evaluation of Existing Lines for Potential Repairs/Rehabilitation—Pre CCTV: Cleaning and televising using a CCTV camera may be needed to traverse each line segment from manhole to manhole as specified in the work order. When an obstruction prevents the camera from proceeding, the obstruction will be recorded on the initial setup and a reverse setup will be attempted to view the pipe and obstruction from the other side. If the camera fails to pass through the entire section, the inspection shall be considered complete and no additional inspection will be required. However, the line segment evaluation form, as well as the graphic report, shall note full line length and the length traveled from each manhole set-up. All inspection efforts on the line segment will be recorded on the same tape / disk. The Contractor must exert all reasonable effort to televise the entire length of a segment of wastewater line, or to assist the repair crews with usable information for point repair. Prior to transiting the line the video display initially is to include upstream and downstream manhole numbers, pipe size / material, adjacent street names and the date. During the transit the display must show the continuous distance from the insertion manhole with an accuracy of +1% of the actual length to help mark observations on the report form. The video must have narrative documentation of notable observations. The Inspection Report shall consist of condition observations recorded using City-approved computer software generated formats, generally conforming to NASSCO and PACP codes. Specifically, items considered notable include: deviations in alignment and grade; abnormal conditions of the pipe barrel and joints; locations 027611 Page 2 of 8 Rev.3-25-2015 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 and quantities of any sources of infiltration or inflow; dropped, broken, properly / improperly installed service taps; debris, roots or other impediments to flow and any other condition that may prevent either the proper completion of the inspection, or affect any proposed rehabilitation process. Evaluation of existing lines includes associated manhole inspection. 2.5 Evaluation After Repairs /Rehabilitation Post CCTV: Following repairs or rehabilitation to existing lines (by Contractor), a CCTV camera shall travel through required line segment to televise. The intent of this process is to inspect the interior of the line to determine the location of repairs, and extent of any unacceptable work. Prior to transiting the line the video display initially is to include upstream and downstream manhole numbers, pipe size / material, adjacent street names and the date. During the transit the display must show the continuous distance from the insertion manhole with an accuracy of+/- 1% of the actual length to help mark observations on the report form. Specifically, items such as detailed inspection of the repaired area using pan-and- tilt equipment will be shown in the Inspection Report, including digital photographs of acceptable or inadequate and/or questionable work. The video must include narrative documentation of notable observations, and be cross referenced to the Inspection Report. The Inspection Report shall consist of condition observations recorded using City-approved computer-software generated formats conforming to NASSCO and PACP codes. 2.6 New Pipeline Inspection: Upon completion of the installation of new lines, including any appurtenances such as manholes, service connections, etc., a CCTV camera shall traverse through each completed line segment. The intent of this process is to inspect the interior of the completed line to determine the location of service taps and extent of omissions and/or any unacceptable work on the pipeline or manholes, such as sags, infiltration, gapped joints, protruding gaskets, etc. Prior to transiting the line, the initial video shall initially include the upstream and downstream manhole designations, pipe size, project name and other pertinent information. When inspecting / documenting new wastewater line conditions, the Contractor must conduct a specific inspection for the presence of sags in the newly installed line. The approved method involves the use of an inclinometer on the camera. The belly tolerance is 5% or less for acceptable pipe installation. Any deviation from the 5% belly tolerance limit must be approved by the applicable Utility Operating Department. The graphic report will note the start and stop of sags and approximate maximum depth. During the transit the display must show the continuous distance from the insertion manhole with an accuracy of +1% of the actual length to help mark observations on the Inspection Report form. The video must include narrative documentation of notable observations, and be cross referenced to the Inspection 027611 Page 3 of 8 Rev.3-25-2015 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Report. The Inspection Report shall consist of condition observations recorded using approved computer-software generated formats. Specifically, items such as deviations in alignment and grade causing bellies / sags; abnormal conditions of the pipe barrel and joints; locations and quantities of any sources of infiltration or inflow; dropped, broken, properly / improperly installed service taps or any other condition that may assist the Utilities Department in determining the quality of the pipeline installation. 2.7 Manhole Inspection: A CCTV camera shall traverse the manhole from top to bottom to record the condition of the manhole and invert for structural condition and sources of infiltration on the manhole and invert. The initial video display must show the entry manhole number, location/street address, date and depth. a. The requirement is to commence capturing video at ground level. The video must be steady while panning and lowering to clearly record condition of the ring, corbel, the walls, and pipeline penetrations. The camera is to rotate during descent to inspect typical conditions and all penetrations. At the bottom of the manhole the complete invert will be inspected / viewed for infiltration and general condition. A washed out picture due to sunlight or shaking will be rejected for payment b. This manhole information may be retained on the same DVD if the line segment is also being investigated, or, if inspection is issued as a separate work order, a separate DVD and report will be required. As with pipeline inspection, digital photographs of key points of note must accompany the report and DVD. These would include seals on pipeline penetration, infiltration locations and other anomalies. c. The format of the Manhole Inspection Report will be as proposed by the Contractor and, following discussion, mutually approved by the Utilities Department and the Contractor. A sample form is included at the end of this specification. It will contain as a minimum: location & LD.number manhole diameter manhole material depth of manhole condition of ring/cover evidence of infiltration condition of walls presence of inflow inhibitor condition of pipe mouths presence of coatings condition of invert location: street/easement above invert penetrations 2.8 CCTV Set-M: a. A CCTV set-up includes all of the work, equipment, supervision,personnel, and materials needed to traverse a line segment. 027611 Page 4 of 8 Rev.3-25-2015 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 2.9 CCTV Reverse Set-up: A CCTV reverse set-up is an attempt to view the line segment from the other side due to an obstruction encountered during the initial set-up. 3. CLEANING REQUIREMENTS 3.1 Clean ALL debris such as dirt, gravel, rocks, grease, roots and other organic/inorganic debris from existing lines and manholes to allow for inspection to proceed. The Contractor will be required to clean the line segment using hydraulic equipment. The debris being removed from the pipeline shall be removed from the collection system at the receiving manhole, and not be allowed to be merely moved to the next line segment. Debris shall be properly disposed of in accordance with local, state and federal regulations. The Contractor shall have the option of dewatering debris removed from cleaning operations on this project at the Greenwood WWTP, located at 1541 Saratoga Blvd., Corpus Christi, Texas 78415. The Contractor shall coordinate with the City Utilities Department at all times (see also City Standard Specification Section 027604 Disposal of Waste from Wastewater Cleaning Operations. The City has six drying beds, each with a 1-foot high containment wall each with an area of about 2,300 square feet. The Contractor would be required to haul and handle the material to, at and from the facility as well as the restoration of drying beds. Restoration of the drying beds includes the removal of all the de-watered material and the replacement of the existing sand bed with new sand. All work required within the treatment plant, including the replacement of sand shall be in accordance with the requirements set forth by the Plant Supervisor. The use of the drying beds would be subject to prior approval of the facility and the associated de-watering fees. If the City's facilities are used for de-watering or disposal of waste, the Contractor shall be responsible for making contact with the appropriate Solid Waste or Wastewater Officials or both, making all arrangements for the use of City facilities, scheduling of delivery and pickup, etc. Materials and handling operations shall meet the requirements set forth by said Officials. Contractor shall coordinate with the Wastewater Pre-Treatment Coordinator to acquire the appropriate manifest documentation and shall also provide a copy of the landfill disposal weight ticket/receipt to the Engineer. Failure to meet these requirements shall be cause for rejection of the materials by either the landfill or the treatment plant operations. Proper disposal of this waste shall be responsibility of the Contractor. The Contractor shall provide the Engineer with written documentation 027611 Page 5 of 8 Rev.3-25-2015 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 of the proper disposal of this waste. The Contractor shall not be paid until this documentation is provided. 4. DELIVERABLES 4.1 The Contractor is required to provide the Engineer both narrated CCTV DVD and computer software-generated Inspection Report products, as a result of each inspection. Acceptable submissions become the property of the City. a. Quality Control: camera distortion, inadequate lighting, dirty or submerged lens and blurry or hazy pictures determined to be the fault of the Contractor will be cause for rejection of the inspection effort. If the quality of the deliverables does not meet with City approval, the Contractor shall repeat the documenting process at no cost to the City. b. DVD: for each inspection, one properly labeled color, professional grade, DVD, recorded in standard play (SP) mode, will be required. The DVD will display continuous distance from the insertion manhole, and include narrative observations at notable points, with correlating information shown in the Inspection Report. Labeling of the DVD(s)will include, either typed or neatly printed the following information on the dust cover: Project Name Street Name Tape Number Contractor Upstream MH 4 Downstream MH 4 Date Survey/Post/New Work Order 4 Pipe Size Material Project 4 c. Inspection Reports: inspection reports are to be from City-approved and software-generated formats on 81/2"x 11"paper, in color to improve definition of problem areas, and delivered with the DVD. Each report shall include the same information as noted for the DVD labels, plus the following additional information: pipe diameter, pipe material, manhole diameters & depths, whether this is a "reverse" set-up, direction of flow arrow, and total length of the pipeline. Notable observations are to be shown in the report as digital color photos, with up to four images per page. One report is required for each line segment. Note that the final approval for the use of the Contractor's proposed software will be needed before the first inspection. The Contractor shall submit to the City a sample of the proposed report for review and approval by the City. 5. MEASUREMENT AND PAYMENT Unless otherwise specified on the Proposal, Pre-CCTV (Cleaning and Televised Inspection of existing lines to potentially be rehabilitated) and Post CCTV (Televised Inspection for acceptance of new lines or rehabbed lines) of Wastewater Lines shall not be measured for pay, but will be considered subsidiary to the appropriate bid item. 027611 Page 6 of 8 Rev.3-25-2015 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Cleaning and Televised Inspection of Wastewater Lines includes an inspection of all manholes entered, crossed, or associated with the line being inspected. Reverse CCTV Set-Up shall not be allowed for acceptance televising as obstructions should not be encountered in new pipe that would require the Contractor to relocate to another manhole (upstream or downstream) of the original manhole. 027611 Page 7 of 8 Rev.3-25-2015 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 SAMPLE TELEVISED INSPECTION REPORT FORM CITY OF CORPUS CHRISTI TELEVISED INSPECTION REPORT DATA REQUIREMENTS [Ora screen at start of each set-up and on Inspection Report] City's Project Name City's Project Number Contractor/Operator Date/'l'ime Televised DVD Number Upstream MH Location Downstream MH Location Upstream MH Number Downstream MH Number Upstream MI-I Depth Downstream MH Depth Pape Size Pre-Rehab TV Y N Evaluation TV Y N Post-Rehab TV Y N Reverse Set-up Y N Pipe Material DISTANCE FROM ENTRY POINT OBSERVATIONS/COMMENTS DVD LABELING REQUIREMENTS (On each DVD] City Project Name Upstream Manhole No. City Project No. Downstream Manhole No. Street Name Pre Post Other DVD No. Date/Time Made Contractor 027611 Page 8 of 8 Rev.3-25-2015 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Seedin; - 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Ib./acre on flats, 2000 Ib./acre on slopes up to 3:1, and 2500 Ib./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:428E7C71-CEC9-4050-A412-A69E888EAOC4 SECTION 028040 SODDING 1. DESCRIPTION This specification shall govern all work necessary for furnishing and placing sod as required to complete the project. 2. MATERIALS Fertilizer: All fertilizer used shall be delivered in bags or containers with clearly marked analysis. A granulated fertilizer shall be used with an analysis of 10-20-10. These figures represent the percent of nitrogen, phosphoric acid and potash nutrients, respectively, as determined by the methods of the Association of Official Agricultural Chemists. The rate of application shall be not less than 350 pounds per acre (7.23 lb. per 100 SY). In the event that it is necessary to substitute a fertilizer with a different analysis, it shall be granulated fertilizer with a lower concentration. The total nutrients applied per unit area shall not be less that the specified amount of each nutrient. Sod: Sod shall consist of live Bermuda grass with thickly matted roots throughout the soil and with a minimum thickness of 3 inches or 0.25 foot, or live St. Augustine with thickly matted roots throughout the soil with a minimum thickness of 1 inch or 0.08 foot. The Contractor shall not use sod where grass is thinned out. Grass shall be mowed and raked to remove all weeds and long stems prior to extraction at the source. Sod and soil shall be kept moist at all times during the sodding process. Care must be taken at all times to retain native soil on the root system. Water: Water shall be free from oils, acids, alkalis, and salts that may inhibit grass growth. Unless indicated otherwise on the drawings, water shall be provided by the City and shall be transported and applied by the Contractor. 3. CONSTRUCTION METHODS Spot Sodding Prior to planting, the area to be sodded shall be graded and shaped. Squares of sod with a minimum width of 3 inches shall be planted in rows on 15-inch centers in both directions. Sod shall be placed so that it is firmly against the bottom of the hole, and the top of the sod shall not be more than 1/2 inch below finished grade. Soil shall be firmly packed against all sides of the sod. Soil shall not be allowed to cover the sod except for soil incidental to raking,provided that the quantity of soil is not enough to hinder the growth. Areas to be spot sodded shall be indicated on the drawing or as directed by the Engineer in field. After sod has been planted,the area shall be fertilized and watered. 028040 Page 1 of 2 Rev.3-25-2015 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Block Soddip& Prior to planting, the area to be sodded shall be graded and shaped. Sod blocks shall be uniformly placed over the prepared area. The sodded area shall then be fertilized and watered. After the area is sufficiently dry, the area shall be rolled or tamped to form a thoroughly compacted mat. Any voids in the mats shall be filled with additional sod and tamped. If, in the opinion of the Engineer, slopes may cause displacement, areas to be block sodded shall be indicated on the drawings or as directed by the Engineer in the field. Mulch Soddin;;: The sod source shall be disked in two directions cutting the sod thoroughly to a depth of not less than 4 inches or more than 10 inches, being careful to avoid having soil containing no grass roots. The disked sod may be windrowed or otherwise handled in a manner satisfactory to the Engineer. The material shall be rejected if not kept in a moist condition. Prior to placing mulch sod, the cut slopes shall be scarified by plowing furrows 4 inches to 6 inches deep along horizontal slope lines at 2-foot vertical intervals. Excavated material from the furrows shall not protrude more than 3 inches above the original surface of the cut. Fertilizer shall be distributed uniformly over the area. The sod shall then be dumped upon the prepared area and spread uniformly to the required approximate thickness shown on the plans. Any section not true to lines and cross section shall be remedied by the addition of sod material. After the sod material has been spread and shaped, it shall be compacted with a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. The area to be mulch sodded shall be indicated on the drawings or as directed by the Engineer in the field. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, spot sodding and block sodding shall be measured by the square yard taken in a horizontal plane. Payment shall include, but not be limited to, excavation, transporting, storing and placing of sod, and application of fertilizer and water. 028040 Page 2 of 2 Rev.3-25-2015 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 SECTION 030020 PORTLAND CEMENT CONCRETE 1. DESCRIPTION This specification shall govern for the materials used; for the storing and handling of materials; and for the proportioning and mixing of concrete for culverts, manholes, inlets, curb and gutter, sidewalks, driveways, curb ramps, headwalls and wingwalls, riprap, and incidental concrete construction. The concrete shall be composed of Portland cement, aggregates (fine and coarse), admixtures if desired or required, and water,proportioned and mixed as hereinafter provided. 2. MATERIALS (1) Cement The cement shall be either Type I,II or III Portland cement conforming to ASTM Designation: C150, modified as follows: Unless otherwise specified by the Engineer,the specific surface area of Type I and II cements shall not exceed 2000 square centimeters per gram (Wagner Turbidimeter— TxDOT Test Method Tex-310-D). For concrete piling, the above limit on specific surface area is waived for Type II cement only. The Contractor shall furnish the Engineer, with each shipment, a statement as to the specific surface area of the cement expressed in square centimeters per gram. For cement strength requirements, either the flexural or compressive test may be used. Either Type I or II cement shall be used unless Type II is specified on the plans. Except when Type II is specified on the plans, Type III cement may be used when the anticipated air temperature for the succeeding 12 hours will not exceed 60°F. Type III cement may be used in all precast prestressed concrete, except in piling when Type II cement is required for substructure concrete. Different types of cement may be used in the same structure, but all cement used in any one monolithic placement shall be of the same type and brand. Only one brand of each type will be permitted in any one structure unless otherwise authorized by the Engineer. Cement may be delivered in bulk where adequate bin storage is provided. All other cement shall be delivered in bags marked plainly with the name of the manufacturer and the type of cement. Similar information shall be provided in the bills of lading accompanying each shipment of packaged or bulk cement. Bags shall contain 94 pounds net. All bags shall be in good condition at time of delivery. All cement shall be properly protected against dampness. No caked cement will be accepted. Cement remaining in storage for a prolonged period of time may be retested and rejected if it fails to conform to any of the requirements of these specifications. 030020 Page 1 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 (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 5O4. 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 Agate 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 TABLE 1 Coarse Agate 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-�/z 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 Agger 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 Otos 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 given 030020 Page 4 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 consistency. (a) Retarding and Water-Reducing Admixtures. The admixture shall meet the requirements for Type A and Type D admixture as specified in ASTM Designation: C494,modified as follows: (1) The water-reducing retarder shall retard the initial set of the concrete a minimum of 2 hours and a maximum of 4 hours, at a specified dosage rate, at a temperature of 90°F. (2) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (3) Unless otherwise noted on the plans, the minimum relative durability factor shall be 80. The air-entraining admixture used in the referenced and test concrete shall be neutralized Vinsol resin. (b) Air-Entraining Admixture. The admixture shall meet the requirements of ASTM Designation: C260, modified as follows: (1) The cement used in any series of tests shall be either the cement proposed for specific work or a "reference" Type I cement from one mill. (2) Unless otherwise noted on the plans, the minimum relative durability factor shall be 80. The air-entraining admixture used in the referenced concrete shall be neutralized Vinsol resin. 3. STORAGE OF CEMENT All cement shall be stored in well-ventilated weatherproof buildings or approved bins, which will protect it from dampness or absorption of moisture. Storage facilities shall be ample, and each shipment of packaged cement shall be kept separated to provide easy access for identification and inspection. The Engineer may permit small quantities of sacked cement to be stored in the open for a maximum of 48 hours on a raised platform and under waterproof covering. 4. STORAGE OF AGGREGATE The method of handling and storing concrete aggregate shall prevent contamination with foreign materials. If the aggregates are stored on the ground, the sites for the stockpiles shall be clear of all vegetation and level. The bottom layer of aggregate shall not be disturbed or used without recleaning. 030020 Page 5 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 no 030020 Page 6 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 TABLE 3 Slump Requirements Concrete Designation 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 cement 030020 Page 8 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 ft) 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 11 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 be 030020 Page 10 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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. 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 The mixer shall be charged so that some of the mixing water will enter the drum in advance of the cement and aggregate. All of the mixing water shall be in the drum by the end of the first one-fourth of the specified mixing time. Water used to flush down the blades after charging shall be accurately measured and included in the quantity of mixing water. The introduction of the initial mixing water, except blade wash down water and that permitted in this Article, shall be prior to or simultaneous with the charging of the aggregates and cement. The loading of truck mixers shall not exceed 63 percent of the total volume of the drum. When used as an agitator only,the loading shall not exceed 80 percent of the drum volume. When Ready-Mix Concrete is used, additional mortar (one sack cement, three parts sand and sufficient water) shall be added to the batch to coat the drum of the mixer or agitator truck, and this shall be required for every load of Class C concrete only and for the first batch from central mix plants. A portion of the mixing water, required by the batch design to produce the desired slump, may be withheld and added at the job site, but only with permission of the Engineer and under his supervision. When water is added under the above conditions, it shall be thoroughly mixed as specified below for water added at the job site. Mixing speed shall be attained as soon as all ingredients are in the mixer, and each complete batch (containing all the required ingredients) shall be mixed not less than 70 nor more than 100 revolutions of the drum at mixing speed except that when water is added at the job site, 25 revolutions (minimum) at mixing speed will be required to uniformly disperse the additional water throughout the mix. Mixing speed shall be as designated by the manufacturer. All revolutions after the prescribed mixing time shall be at agitating speed. The agitating speed shall be not less than one (1) nor more than five (5) rpm. The drum shall be kept in continuous motion from the time mixing is started until the discharge is completed. 12. PLACING, CURING AND FINISHING The placing of concrete, including construction of forms and falsework, curing and finishing, shall be in accordance with City Standard Specification Section 038000 "Concrete Structures". 13. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, the quantities of concrete of the various classifications which will constitute the completed and accepted structure(s) in-place will be measured by the cubic yard, per each, square foot, square yard or linear foot, as the case may be. Measurement will be as shown on the drawings and/or in the Bid Form. Payment shall be full compensation for furnishing, hauling, mixing,placing, curing and finishing all concrete; all grouting and pointing; furnishing and placing drains; furnishing and placing metal flashing strips; furnishing and placing expansion joint material required by this specification or shown on the plans; and for all forms and falsework, labor, tools, equipment and incidentals necessary to complete the work. 030020 Page 13 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 43, 44, 45 4d 46, 47, 48 5d All bends in main bars and in secondary bars not covered above: Grade 60 Grade 75 43 thru 48 6d 49, 410 8d -- 411 8d 8d 414, 418 10d -- 032020 Page 3 of 6 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 4. TOLERANCES Fabricating tolerances for bars shall be within 3 percent of specified or as follows: Plan Dimon. a 3/4" 7/8*' Bar or Smaller—Plan. Dimon. t I­ Bar or Larger --P+on. D+men. * 1" H= over 6"--Damen.+ Zero or H = 6 a—`nd lass-{}imen. + Zero or -i/4" H 7/8- Bar or Sma/ier--Plan Dimon. = i/Z' r I" Bar or t_arger—Plan Oisnen. : 1'* viral or Circular Tie Tie or giFP41onCO)ime;n.*IY Plan Oin-=a=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:428E7C71-CEC9-4050-A412-A69E888EAOC4 TABLE 1 Minimum Lap Requirements Lia 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 cotton 032020 Page 5 of 6 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 SECTION 37040 EPDXY COMPOUNDS (5-44) 1. DESCRIPTION This specification shall govern all work necessary to provide and apply Epoxy compounds. 2. MATERIALS (USE - TYPE) (1) Epoxy Bonding Compound for bonding new concrete to hardened concrete or other structural material: Epoxy Bonding Compound shall be a two component, 100% solids, moisture insensitive system. Epoxy shall be "FX- 752 Bonding Agent" as manufactured by Fox Industries Inc. of Baltimore, Maryland or "Sikastix 370, Sikadur Hi-Mod" as manufactured by Sika Chemical Corporation of Lyndhurst, New Jersey or approved equal. (2) Epoxy Grout for Epoxy patch on non-horizontal surfaces to concrete: Epoxy Compound shall be a low-modulus, high viscosity, moisture insensitive system. Epoxy shall be "Sikastix 360, Skadur Lo-Mod Gel" as manufactured by Sika Chemical Corporation, or approved equal. 3. CONSTRUCTION METHODS (1) Bond new concrete to existing concrete: a. Surface Preparation: The existing concrete or structural surface to which the new concrete is to be bonded shall be cleaned. The existing surface shall be made free from dust, laitance, grease, curing compounds, waxes and all foreign material. Cleaning shall be done by sandblasting, mechanical abrasion, or (by washing only if authorized by the Engineer) . During application of bonding compound, surface may be dry, moist, or wet, but surface shall be free of standing water. b. Proportioning and Mixing: The epoxy shall be proportioned and mixed in strict accordance with the manufacturers instructions. The epoxy shall be used in a neat condition (without aggregate filler) . C. Application of Epoxy: The epoxy bonding compound shall be applied to the prepared surface with the minimum allowable coverages as follows: Concrete (float finished, cleaned by washing) 75 SF/gal Concrete (rough finish, cleaned by sandblast or mechanical abrasion) 50 SF/gal Other surfaces as specified on the drawings d. Concrete Overlay: The concrete overlay shall be in accordance with the drawings or 030020 of standard specifications. The concrete overlay shall be applied over the epoxy within a period of time which SHALL NOT EXCEED 60% of the tack free time of the epoxy. It is important for the Contractor to note that these times vary with the temperature and pot time. The following allowable times (60% of tack free time, where the tack free time is the period of time from initial mixing of the two components until the thin film of epoxy hardens) are provided below. The allowable times must be 037040 2/20/9 Page 1 of 2 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 determined from the tack free times which are provided by the manufacturer. The following allowable times are averages and provided only as an aid to the Contractor: Temperature Allowable Elapse Time from Mixing Epoxy Until Placing Concrete Overlay 90°F 40 min. 80°F 12 hrs. 70°F 22 hrs. 60°F 32 hrs. If the allowable period of time is allowed to elapse before concrete overlay can be placed, another layer of epoxy shall be applied prior to placement of the concrete. (2) Epoxy Grout for patch to non-horizontal surfaces to concrete: a. Surface Preparation: The surface shall be prepared as described in (1) Bond new concrete to existing concrete Part a. b. Proportioning and Mixing: The epoxy shall be proportioned and mixed in strict accordance with the manufacturer instruction. The epoxy may be mixed with dry masonry sand. Sand shall conform to A.S.T.M. C-144 with 100% passing a No. 8 sieve and not more than 15% to 35% passing a No. 50 mesh sieve. The amount of sand filler shall not exceed 3/4 to 1 (loose sand to epoxy by volume) . C. Application: Epoxy shall be applied in strict accordance with manufacturer instructions. Area adjacent to work shall be cleaned free of epoxy spills as to provide a neat appearance before work will be accepted. 4. GENERAL PRECAUTION The Contractor is advised to become familiar with type of epoxy, method of application, and its basic limitations prior to using the epoxy. 5. MEASUREMENT AND PAYMENT Unless indicated otherwise in the Proposal, Epoxy Compounds shall be considered subsidiary to the appropriate bid item. 037040 2/20/9 Page 2 of 2 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 meetthe requirements of ASTM Designation: D1751 "Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non-extruding and Resilient Bituminous Types)",exceptthatthe 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 j ob 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 preventbulging 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 (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 j oists 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 (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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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 II 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 ectto the restrictions of Table 1 and the following requirements for each method of curing. (1) Form Curing. When forms are left in contact with the concrete, other curing methods will not be required except for cold weather protection. (2) Water Curing. All exposed surfaces of the concrete shall be kept wet continuously for the required curing time. The water used for curing shall meet the requirements for concrete mixing water as specified in the specification Section 030020 "Portland Cement Concrete". Seawater will not be permitted. Water which stains or leaves an unsightly residue shall not be used. (a) Wet Mat. Cotton mats shall be used for this curing method. They shall be placed as soon as possible after the surface has sufficiently hardened to prevent damage to the concrete. (See Article, "Placing Concrete" of this specification.) Damp burlap blankets made from nine-ounce stock may be placed on the damp concrete surface for temporary protection prior to the application of the cotton mats which may be placed dry and wetted down after placement. The mats shall be weighted down adequately to provide continuous contact with all concrete surfaces where possible. The surfaces of the concrete shall be kept wet for the required curing time. Surfaces which cannot be cured by contact shall be enclosed with mats and anchored positively to the forms or to the ground so that outside air cannot enter the enclosure. Sufficient moisture shall be provided inside the enclosure to keep all surfaces of the concrete wet. (b) Water Spray. This curing method shall consist of overlapping sprays or sprinklers that keep all unformed surfaces continuously wet. (c) Pondin;. 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 (1") depth of water. Satisfactory provisions shall be made to provide a dam to retain the water or saturated granular material. (3) Membrane Curin;. This consists of curing concrete pavement,concrete pavement(base),curbs, gutters, retards, sidewalks, driveways, medians, islands, concrete riprap, cement-stabilized riprap, concrete structures and other concrete as indicated on the plans by impervious membrane method. Unless otherwise provided herein or shown on the plans, either Type 1-D or Type 2 membrane curing compound may be used where permitted except that Type 1-D (Resin Base Only) will be required for slab concrete in bridge decks and top slabs of direct traffic culverts. TABLE 1 REQUIRED PERMITTED MEMBRANE MEMBRANE STRUCTURE UNIT WATER FOR WATER FOR DESCRIPTION FOR INTERIM FOR INTERIM CURING CURING CURING CURING 1 Top slabs of direct traffic culverts 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 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:428E7C71-CEC9-4050-A412-A69E888EAOC4 SECTION 050200 WELDING 1. DESCRIPTION This specification shall govern for the field welding of structural steel and reinforcing steel. Provisions are made herein for the welding of the types of steel listed in Table 1, using the manual shielded metal-arc process, semi-automatic (manual) gas metal-arc welding and flux cored arc welding processes. Other welding processes may be permitted with the specific approval of the Engineer and with qualification of the welding procedure. 2. STRUCTURAL STEEL GENERAL Final welds including tack welds to be incorporated therein shall be by a certified welder; certified welder being previously certified by tests as prescribed in the "Code for Welding in Building Construction," ASW D1.0-69, of the American Welding Society,to perform the type of work required. Miscellaneous welds may be made by a qualified welder; qualified welder being an experienced welder who is capable of making good welds of sound quality, but does not have certification papers; miscellaneous welds being welds that have no load carrying capacity in the completed structure. Tack welds shall be cleaned and fused thoroughly with the final weld. Defective, cracked or broken tack welds shall be removed. Welds shall be as required by the contract or erection drawings. The location or size shall not be changed without approval of the Engineer. The welder shall place his identification mark with crayon or paint near the groove welds made by him. No welding will be allowed when the air temperature is lower than 20°F,when surfaces are wet or exposed to rain, snow or wind, or when operators are exposed to inclement conditions that will hamper good workmanship. Any moisture present at the point of welding shall be driven off by heat before welding commences. Windbreaks shall be required for the protection of all welding operations. There shall be no temporary welds for transportation, erection or other purpose on main members, except at locations more than one-sixth the depth of the web from the flanges of beams and girders, as approved by the Engineer. On A514 steel, all groove welds in main members and in flanges of beams and girders subject to tensile stress or reversals of stress shall be finished smooth and flush on all surfaces, including edges,by grinding in the direction of applied stress, leaving the surfaces free from depressions. Chipping may be used provided it is followed by such grinding. Parts joined by groove welds connecting plates of unequal thickness or width shall have a smooth transition between offset surfaces at a slope not greater than one in four with the surface of either part. The surfaces shall be ground so that the radii at the points of transition will be four(4) inches minimum. 050200 Page 1 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 All groove welds, except when produced with the aid of backing, shall have the root of the initial weld gouged, chipped or otherwise removed to sound metal before welding is started from the second side, except that back gouging will not be required when welding steel piling or armor joints with E6010 electrodes. The back side shall be thoroughly cleaned before placing back-up pass. When backing for welds is left in place to become a part of the structure, it shall be a single length insofar as possible. Where more than a single length is needed, they shall be joined by full penetration butt welds. The surfaces of this butt weld shall be ground flush as necessary to obtain proper fit-up in the weld joint. Before welding over previously deposited metal, all slag shall be removed, and the weld and adjacent base metal shall be cleaned. This requirement shall apply equally to successive layers, successive beads and the crater area. Arc strikes outside the area of permanent welds must be avoided on all steels. Where they do occur, resulting cracks and blemishes shall be ground out to a smooth contour and checked to insure soundness. Stringer bead technique shall be used where possible for groove welds on all types of steel. Weaving will not be permitted for A514 steel except in welding vertically upward, when a weave not exceeding two electrode diameters is permissible for manual shielded metal-arc welding. In all welding processes, the progression for all passes in vertical welding shall be upward using a back step sequence. Groove welds shall begin and terminate at the ends of a joint on extension bars. Edge preparation and thickness of extension bars shall be the same as that of the member being welded and shall extend a minimum of three-quarter(3/4) inch beyond the joint. Extension bars shall be removed with a cutting torch upon completion and cooling of the weld, and the flange edges shall be ground smooth. Any defects exposed by the grinding shall be cleaned, filled with weld metal, and reground to a uniform finish. All grinding shall be parallel to the flange. Excess grinding of the parent metal shall be avoided. 3. FILLER METAL Electrodes for manual shielded metal-arc welding shall conform to the requirements of the latest edition of "Specifications for Mild Steel Covered Arc-Welding Electrodes", AWS A5.1, or to the requirements of the latest edition of"Specifications for Low Alloy Steel Covered Arc-Welding Electrodes," AWS A5.5. All electrodes and combination of electrode and shielding for gas metal-arc welding for producing weld metal with a minimum specified yield point not exceeding 60,000 psi shall conform to the requirements in the latest edition of, "Specification for Mild Steel Electrodes for Gas Metal-Arc Welding," AWS A5.18, or "Specification for Mild Steel Electrodes for Flux Cored Arc Welding," AWS A5.20, applicable for the classifications producing weld metal having a minimum impact strength of 20 ft.-lb., Charpy V-notch, at a temperature of 0°F or below. For weld metal with a minimum specified yield strength exceeding 60,000 psi, the Contractor shall demonstrate that each electrode and flux or combination of electrode and shielding medium proposed for use will produce low alloy weld metal having the mechanical properties listed in Table A. 050200 Page 2 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 The mechanical properties shall be determined from a multiple pass weld made in accordance with the test requirements of the latest edition of AWS A5.18 or AWS A5.20, as applicable. TABLE A Required Mechanical Properties for GMAW and FCAW Electrodes Impact Tensile Yield Elongation, % Strength GMAW FCAW Strength Strength in 2 inches ft-lb @ 0°F- Grade Grade psi -Min psi -Min Min Min E80S E80T 80,000 65,000 18 20 E90S E90T 90,000 78,000 17 20 E100S E100T 100,000 90,000 16 20 EllOS EllOT 110,000 98,000 15 20 The mechanical property tests for Grades E100S, El l OS, E100T and MOT shall be made using ASTM A 514 base material. Class of electrode required will be as shown in Table 1 (below). Electrodes shall be used with the type of current, the polarity and in the positions permitted by AWS A5.1 and A5.5 for manual shielded metal-arc welding. AWS A5.18 and A5.20 Specifications shall govern for gas metal-arc welding and flux cored arc welding. 050200 Page 3 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 TABLE 1 CLASSIFICATIONS OF ELECTRODES PERMITTED TYPE OF MAIN MEMBERS SECONDARY MEMBERS STEEL Groove& Fillet Welds Groove& Fillet Welds Steel Piling, E6010 E60T-8 E60XX E60T-8 E70S-2 A53 Pipe, E6011 E70S-113 E70XX E7XT-1 E70S-3 A500, E7016 E70S-2 E70S-113 E7XT-5 E70S-6 A501, E7018 E70S-3 E70S-2 E7XT-6 E70S-7 Armor Joints E70S-6 E70S-3 E7XT-8 E-705-7 E70S-6 E70U-1 A36, E7016 E70S-2 E7016 E70S-2 A441, E7018 E70S-3 E7018 E70S-3 A572-Grade 50 E7XT-1 E70S-6 E7XT-1 E70S-6 A588, E7XT-5 E70S-7 E7XT-5 E70S-7 A242 Deck Plates E7XT-6 E7XT-6 API Pipe E7XT-8 E7XT-8 A514 E11018M E110S E11018M E110S 21/2"Thick or Less El 10T El lOT A514 E10018M E100S E10018M E100S Over 21/2" Thick E100T E100T A588, A242, E8018, C-3 E8018, C-3 A618 Weathering E80T(3) E80S(3) E80T(3) Steel E80 S(3) Reinforcing Steel E7016 E7018 A572 Grades E8016 E80T 60 and 65 E8018 E80S for Light Towers 1. Use of the same type electrode with the next higher mechanical properties, in accordance with AWS A5.1 or A5.5,than those listed will be permitted. 2. In joints involving base metals of different yield points or strengths, low hydrogen electrodes applicable to the lower strength base metal may be used. 050200 Page 4 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Before use, all electrodes with low hydrogen coverings conforming to AWS A5.1 shall be dried for not less than two hours between 450 and 500 degrees F and electrodes with low hydrogen coverings conforming to AWS A5.5 for not less than one hour at a temperature between 700 and 800 degrees F. Immediately after drying, electrodes shall be stored in ovens held at a temperature of at least 250 degrees F. E70 electrodes not used within four hours, E80 within two hours, and El 10 within one-half hour after removal from the storage oven shall be redried before use. Electrodes with flux which has been wet, cracked or otherwise damaged, shall not be used. When used for welding A514 steel, electrodes shall be dried at least one hour at temperatures between 700 and 800 degrees F before being used. Electrodes may be redried only once. Suitable facilities for drying and storage of electrodes shall be furnished at the job site, along with thermometers for checking and controlling the oven temperature. In humid atmospheres,the times allowed for use without redrying may be reduced. When gas or gas mixture is used for gas metal-arc welding, it shall be of a welding grade having a dew point of -40° F or lower. The gas manufacturer shall furnish certification to the Engineer that the gas or gas mixture is suitable for the intended application and will meet the dew point requirements. Welding wire coils removed from the original package shall be protected or stored to keep their characteristics or welding properties intact. Rusty coils, or portions of coils,that are rusty shall not be used. Preheat Preheat ahead of welding both groove and fillet welds (including tack welding)will be required as shown in Table 2. Any moisture present at the point of welding shall be driven off by preheating before welding begins. When the base metal is below the required temperature, it shall be preheated so the parts being welded are not less than the specified temperature within three inches (3") of the point of welding. Preheat and interpass temperatures must be sufficient to prevent crack formation. The preheat temperatures shown in Table 2 are minimum and higher preheats may be necessary in highly restrained welds. Preheating equipment shall be adequate to maintain the entire joint at or above the specified temperature. When possible, a joint shall be completely welded before it is allowed to cool below the specified temperature,but shall always be welded sufficiently to prevent cracking before cooling is permitted. Usually preheat and interpass temperatures shall not exceed 400° F for thickness up to 11/2 inches and 450°F for greater thickness. These temperatures shall never be exceeded on A514 steel. The welder shall have and use approved equipment for checking preheat and interpass temperatures at all times while welding is in progress. For all groove welds,preheat temperature shall be measured on the side opposite to which the heat is applied at points about three inches (3") away from the joint. 050200 Page 5 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 TABLE 2 MINIMUM PREHEAT AND INTERPASS TEMPERATURE FOR MANUAL SHIELDED METAL-ARC WELDING,FLUX CORED ARC WELDING OR GAS METAL-ARC WELDING MANUAL OR SEMI-AUTOMATIC Thickness of GAS METAL-ARC WELDING, FLUX CORED ARC WELDING Thickness Part OR MANUAL SHIELDED METAL-ARC WELDING at Point of Welding (Inches) With Low Hydrogen Electrodes ASTM A36; A242; A441 A572 Grades 42, ASTM A514 45 and 50; A588 To 3/4, inclusive 50°F 50°F Over 3/4 to 1/z, inclusive 70°F 125°F Over 1�/z to 21/2, inclusive 150°F 175°F Over 21/2 225°F 225°F (1) These temperatures are the minimum required for the thinner material shown for each increment, and higher preheat on a step basis will be required for the thicker material within each increment. Preheat and interpass temperatures must be sufficient to prevent crack formation and welding shall be carried continuously to completion or to a point that will assure freedom from cracking before the joint is allowed to cool below the minimum specified preheat and interpass temperature. Temperatures above those shown may be required for highly restrained welds. (2) When E7010 electrodes are permitted for tacking or temporary root pass, the material shall be preheated to 400°F. (3) When joining steels of different strengths or thickness with groove welds, the preheat and interpass temperatures for the higher strength steel and the average plate thickness shall be used. For fillet welds,the preheat shall be used for the higher strength steel and the thickest plate being welded. (4) When the base metal temperature is below 32° F, preheat to at least 70° F and maintain this minimum temperature during welding. (5) Heat input when welding A514 steel shall not exceed the steel producer's recommendations. (6) When moisture is present on the base metal, it shall be preheated to 200°F before welding is started. 4. QUALITY OF WELDS Weld metal shall be sound throughout. There shall be no cracks in any weld or weld pass. There shall be complete fusion between the weld metal and the base metal and between successive passes throughout the joint. 050200 Page 6 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Welds shall be free from overlap and the base metal free from undercut more than one one-hundredth inch (1/100") deep when its direction is transverse to the primary stress in the part that is undercut. Undercut shall not be more than one thirty-second inch(1/32") deep when its direction is parallel to the primary stress in the part that is undercut. All craters shall be filled to the full cross section of the welds. All welds on A514 steel shall be visually examined for longitudinal or transverse cracks not less than 48 hours after completion of the welding. 5. CORRECTIONS When welding is unsatisfactory or indicates inferior workmanship,the following corrective measures will be required by the Engineer whose specific approval shall be obtained for making each correction. When requirements prescribe the removal of part of the weld or a portion of the base metal,removal shall be by oxygen gouging or arc-air gouging. Oxygen gouging shall not be used on A514 steel or A588 weathering steel. All surfaces shall be ground after arc-air gouging. Backgouging of splices in beams and girders or cutouts of defective welds shall be done by a welder qualified to make beam and girder splices. Where corrections require the deposition of additional weld metal, the sides of the area to be welded shall have sufficient slope to permit depositing new metal. Defective or unsound welds shall be corrected either by removing and replacing the entire weld, or as follows: Excessive convexity. Reduce to size by grinding off the excess weld metal. Shrinkage cracks. Cracks in base metal, craters and excessive porosity. Remove defective portions of base and weld metal down to sound metal and replace with additional sound weld metal. Undercutting, undersize and excessive concavity. Clean and deposit additional weld metal. Overlapping and incomplete fusion. Remove and replace the defective portion of weld. Slag inclusions. Remove the parts of the weld containing slag and replace with sound weld metal. Removal of adjacent base metal during welding. Clean and form full size by depositing additional weld metal. Where corrections require the deposition of additional weld metal, the electrode used shall be smaller than that used for making the original weld. Surfaces shall be cleaned thoroughly before re-welding. 050200 Page 7 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 A cracked weld shall be removed throughout its length, unless the extent of the crack can be ascertained to be limited, in which case the weld metal shall be removed 2 inches (2") beyond each end of the crack and repairs made. Where work performed after the making of a deficient weld has made the weld inaccessible or has caused new conditions making the correction of the deficiency dangerous or ineffectual,the original conditions shall be restored by removal of welds or members, or both, before making the necessary corrections, or else the deficiency shall be compensated by additional work according to a revised design approved by the Engineer. Improperly fitted and misaligned parts shall be cut apart and re-welded. Members distorted by the heat of welding shall be straightened by mechanical means or by the carefully supervised application of a limited amount of localized heat. Heated areas shall not exceed 1200° F as measured by Tempil-sticks or other approved methods for steel up to 65,000 psi yield strength. Parts to be heat straightened shall be substantially free of stress from external forces, except when mechanical means are used in conjunction with the application of heat. Heat straightening of A514 steel shall be done only under rigidly controlled procedures, subject to the approval of the Engineer. In no case shall the maximum temperature of the steel exceed 1100'F. Sharp kinks and bends shall because for rejection of the material. 6. RADIOGRAPHIC INSPECTION All groove welds designed to carry primary stresses shall be subject to radiographic inspection. When subjected to such inspections, the presence of any of the following defects in excess of the limits indicated will result in rejection of the defective weld until corrected. 1. Sections of welds shown to have any cracking, regardless of length or location, incomplete fusion, overlapping, or inadequate penetration shall be judged unacceptable. 2. Inclusions less than one-sixteenth inch (1/16") in greatest dimension including slag, porosity and other deleterious material, shall be permitted if well dispersed so that the sum of the greatest dimensions of the inclusions in any linear inch of welded joint shall not exceed three-eighth inch (3/8"). 3. Inclusions one-sixteenth inch (1/16") or larger in greatest dimension shall be permitted provided such defects do not exceed the limits shown on Figure 1 or in subparagraph(2) above. 4. There shall be no inclusion greater than one-sixteenth inch (1/16") within one inch of the edge of part or member at the joint or point of restraint. 050200 Page 8 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 FIGURE 1 STANDARDS FOR ALLOWABLE INCIaUSIONS 1 1/2 1/2 H 7/10 LU LU S 11/4 (1) PROLPECT(A)HORIZONTALLY TO(g) F..X g (2) PROJECT INTERSECTION 3/6 V C) VERTICALLY TO(C) Laf N I J V C 3/4 1/4- \ LJ 1- 3^6 V g I 1/2 1/6 a 1/4 1/16 F 0I I I I I I I I O 1/2 1 11/2 2 21/2 3 3 I/2 4 41/2 C— MINIMUM CLEARANCE MEASURED ALONG THE LONGITUDINAL AXIS OF THE WELD BETWEEN EDGES OF POROSITY OR FUSION-TYPE DEFECTS ( 1 NCHES) {LAi16ER OF ADJACENT DEFECT'S GOVERNS) NOTES: (1) The distance from the edge of an inclusion to the edge of a plate or to any intersecting weld shall be equal to or greater than the clearance between inclusions. (2) Inclusions with any dimension greater than 1/2 inch are not acceptable. (3) For joint thickness greater than 11/2 inches, the minimum allowable dimension and spacing of inclusions shall be the same as for 11/2-inch joints. (4) Values of(B) obtained by projecting horizontally from (A) are maximum values. Any value of(B) smaller than the maximum is satifactory. (5) Values of (C) obtained by projecting vertically from (B) are minimum values. Any value of (C) larger than the minimum is satifactory. Radiographic inspection shall be made of A514 steel not less than 48 hours following the completion of the welding. For other steels, nondestructive inspection may begin immediately after welding and cleaning or grinding is completed. Definitions: Porosity signifies gas pockets or any similar generally globular type voids. Fusion-type defect signifies slag inclusions and similar elongated defects. 050200 Page 9 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 7. REINFORCING STEEL- GENERAL Provisions are made herein for the welding of reinforcing steel by the manual shielded metal-arc process. Other processes may be permitted with the specific approval of the Engineer or may be specified on the plans. Splicing of reinforcing steel by welding shall be done only at locations approved by the Engineer. 8. BASE METAL Reinforcing steel to be welded shall be new billet steel conforming to ASTM Designation: A615, and shall also conform to the following chemical composition: Maximum Carbon 0.40 Percent Maximum Manganese 1.30 Percent 9. FILLER METAL Low hydrogen electrodes as specified in Table A will be required for all welding of reinforcing steel. Drying of electrodes shall be as specified in Article 3, "Filler Metal" for Structural Steel. 10. PREHEAT AND INTERPASS TEMPERATURE Minimum preheat and interpass temperatures for reinforcing steel shall be as shown in Table 3. TABLE 3 PREHEAT AND INTERPASS TEMPERATURE FOR REINFORCING STEEL CARBON RANGE NO. 7 & SMALLER NO. 8 & LARGER Up to and including 0.30 None 100 0.31 to 0.35 inclusive None 150 0.36 to 0.40 inclusive 100 250 Unknown 250 400 For widening projects,use carbon content and bar size of new steel to determine preheat required. 050200 Page 10 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 11. JOINT TYPES For all bars No. 8 and larger, butt splices shall be required. For No. 7 bars and smaller, lap splices shall be required. Fillet welds in lap splices shall be a minimum of 4 inches in length and shall be welded on each side of the lap joint. For bars No. 5 and smaller, welding from one side of the lap will be permitted by the Engineer when it is impractical to weld from both sides of the joint, and the weld shall be a minimum of 6 inches in length. Lap welds shall meet the requirements specified in Table 4. Where possible, all butt splices shall be made in the flat position. All butt splices, except horizontal, shall be as shown in Figure 2 with the back-up strip required. Horizontal splices shall be as shown in Figure 3. TABLE 4 REQUIRED DIMENSIONS FOR LAP SPLICES "b" "t" "c" ELECTRODE BAR SIZE "a" Max. Min. Max. SIZE No. 4 0.04 in. 1/8 in. 1/8 in. 1/16 in. 1/8 in No. 5 0.05 in. 1/8 in. 3/16 in. 1/16 in. 5/32 in. No. 6 0.06 in. 1/8 in. 1/4 in. 1/16 in. 5/32 in. No. 7 0.07 in. 3/16 in. 5/16 in. 1/16 in. 5/32 in. 050200 Page 11 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 4• a I a c t b t c I o SEC. A-A (ENLARGED) TABLE 4 Required Dimensions for Lap Splices D t -07o L221/21221/20 o �1 ! 0 v� —�-1 MAX.d/3 SEC D-D 5/321 I i MIN.d14 � XI 1/2" D � Butt weid in flat position ,1 1/16" o _I P BUTT WELD WITH BAR IN HORIZONTAL POSITION FIGURE 2 FIGURE 3 050200 Page 12 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 12. WIDENING PROJECTS In general, the new reinforcing steel shall be either lap or butt spliced directly to the bar to be extended. When the reinforcement in the old portion of a structure is found to be of the wrong spacing, dowel bars long enough to develop the welded lap or butt splice and also develop the bar in bond, as required in City Standard Specification Section 032020 "Reinforcing Steel", shall be welded to the old steel, and the new reinforcement placed at the correct spacing without welding to the old steel. No measurement or payment will be made for the dowels but will be subsidiary to the other items in the contract. Both old and new reinforcement shall be cleaned thoroughly prior to the preparation of the joint. 13. RADIOGRAPHIC INSPECTION When so designated on the plans, welded butt splices shall be radiographed. Weld quality shall be as follows: There shall be no cracks and the sum of the greatest dimensions of porosity and fusion-type defects shall not exceed one-tenth of the nominal bar diameter in inches. 14. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, welding will not be measured for pay, but will be considered subsidiary to the various other bid items in the Bid Form. 050200 Page 13 of 13 Rev.10-30-2014 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Part T Technical Specifications DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 100001 - T SLIP-IN CHECK VALVE 1. GENERAL ProFlex elastomeric Inline 790 or approved equal check valves shall be used on stormwater outfall pipes as called out by Engineer's drawings. Standard materials of construction will be Neoprene. All standard ProFlex elastomeric Inline 790 or approved equal valves will be manufactured with an ASTM callout with the following standards: 5BC520 A14 C12 Eo34 G21 Z1(algae, barnacle and flame resistant per ASTM C1166) 2. SUBMITTALS A. Submit product literature that includes information on the performance and operation of the valve, materials of construction, flow data, dimensions and weights, elastomer characteristics, head loss data, and pressure ratings. B. Shop Drawings will be available upon request that clearly identify specific valve dimensions, flow rates, head loss and pressure capabilities. 3. QUALITY ASSURANCE A. Manufacturer shall have at least fifteen (15) years experience in the production of "Elastomeric" style Check valves. B . Manufacturer shall have compatibility with ISO 9000 standards. C. Manufacturer shall perform hydraulic tests on valves of required sizes for flow capacity, head loss, and jet velocity at a qualified flow test laboratory. Manufacturer shall provide test data upon request. 4. PRODUCTS - ELASTOMERIC CHECK VALVES A. The Model 790 ProFlex or approved equal Check Valve shall be of an all rubber design operated check type with a Slip-In Clamped or Flanged connection as shown on drawings. The Slip-In style shall be supplied with 316SS expanding clamps suitable to provide adequate pressure between the valves soft elastomeric cuff and the pipe I.D. in which it is installed. Each clamp shall include adjusting turnbuckles and supplied with "pinning" holes to ensure zero slippage of the valves body. The Flanged style will be supplied with an ANSI 150 drilled bolt pattern and 316SS Backing Rings unless otherwise required. Appropriate fasteners (studs, washers & nuts) shall be provided by the valve supplier. B. The Model 790 or approved equal shall be designed to slip inside of the existing concrete and HDPE pipes. The inlet area shall taper to a cone shape design which shall allow flow in one direction only. The valve shall be a one-piece rubber construction with appropriate Slip-In Check Valve 10 00 01-T Salt Flats Levee Improvements E17117 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 reinforcement and will be vulcanized to create a one-piece design with no metal or other materials such as rivets or fasteners to attach the operational cone in place. The entire valve body shall be manufactured to completely fit inside the Customers pipe. At no time will any part of the valve project past the end of the pipe or the face of the headwall or designed construction with exception to the valve Flange and Backing Rings. C. Company name and location, date manufactured, valve size and serial number shall be permanently vulcanized to the check valve. Each valve shall be labeled identifying the flow direction as well as "top" install location to assist in proper installation. 5. FUNCTION A. When internal pressure inside the valve exceeds the backpressure being applied on outside of the valve by a definite amount the internal pressure opens the valves cone section and allows the media to flow out. When backpressure surpasses the internal line pressure by at least the same amount, the cone shall snap closed and remain that way until the internal pressure is again greater. 6. INSTALLATION Installation, Operation and Maintenance Manual (IOM) shall be utilized to ensure proper installation has been performed, Each manual shall be specific to the style chosen, and shall clearly define any maintenance instruction. The pipes where the valves are to be installed shall be clean and dry before installation. The contractor shall select the method of cleaning. 7. MANUFACTURER'S CUSTOMER SERVICE A. The Manufacturer's authorized representative shall be available for consultation during installation and start-up and shall be available to train personnel in proper valve installation, operation, and maintenance. B. Factory customer service shall also be readily available in addition to authorized representatives for consultation during installation and start-up and will be available to train personnel in proper valve installation, operation, and maintenance. 8. MANUFACTURER All valves shall be of the Series 700, Style 790 as manufactured by Proco Products, Inc. of Stockton, California or approved equal. 9. MEASUREMENT AND PAYMENT Unless specified otherwise in the Bid Form, slip-in check valves shall be measured for pay as a lump sum amount. Slip-In Check Valve 10 00 01-T Salt Flats Levee Improvements E17117 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 100002-T Excavation and Backfill for Structures 1. DESCRIPTION Excavate for placement and construction of structures and backfill structures.Cut and restore pavement. 2. MATERIALS Use materials that meet the requirements of the following technical specs: 100003-T,"Flowable Backfill' Section 030020 Portland Cement Concrete(City) 100004-T,"Hydraulic Cement" 3. CONSTRUCTION 3.1. Excavation. 3.1.1. General.Excavate to the lines and grades shown on the plans or as directed.Provide slopes,benching, sheeting,bracing,pumping,and bailing as necessary to maintain the stability and safety of excavations up to 5 ft.deep.Excavation protection for excavations deeper than 5 ft.are governed by Section 022022,Trench Safety for Excavations(City)and 100006-T,"Temporary Special Shoring." Use satisfactory excavated material as backfill or as embankment fill in accordance with Section 022080,"Embankment."Dispose of material not incorporated into the final project off the right of way in accordance with federal,state,and local regulations. Keep any topsoil that has been removed separate,and replace it,as nearly as feasible, in its original position when excavating for installation of structures across private property or beyond the limits of the embankment. Restore the area to an acceptable condition. 3.1.1.1. Obstructions.Remove obstructions to the proposed construction, including trees and other vegetation, debris,and structures,over the width of the excavation to a depth of 1 ft.below the bottom of excavation. Remove as required to clear the new structure and plug in an approved manner if abandoned storm drains, sewers,or other drainage systems are encountered.Restore the bottom of the excavation to grade by backfilling after removing obstructions in accordance with this Item. Dispose of surplus materials in accordance with federal,state,and local regulations. 3.1.1.2. Excavation in Streets.Cut pavement and base to neat lines when structures are installed in streets, highways,or other paved areas. Restore pavement structure after completion of excavation and backfilling. Maintain and control traffic in accordance with the approved traffic control plan. 3.1.1.3. Utilities.Comply with the requirements of Article 19.08 of Section 007200 General Conditions.Conduct work with minimum disturbance of existing utilities,and coordinate work in or near utilities with the utility owners. Inform utility owners before work begins,allowing them enough time to identify,locate,reroute,or make other adjustments to utility lines. Avoid cutting or damaging underground utility lines that are to remain in place. Promptly notify the utility company if damage occurs.Provide temporary flumes across the excavation while open if an active sanitary Excavation and Backfill for Structures 100002-T Salt Flats Levee Improvements E17117 Page 1 of 9 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 sewer line is damaged during excavation,and restore the lines when backfilling has progressed to the original bedding lines of the cut sewer. 3.1.1.4. De-Watering.Construct or place structures in the presence of water only if approved.Place precast members,pipe,and concrete only on a dry,firm surface.Remove water by bailing,pumping,well-point installation,deep wells,underdrains,or other approved method. Remove standing water in a manner that does not allow water movement through or alongside concrete being placed if structures are approved for placement in the presence of water.Pump or bail only from a suitable sump separated from the concrete work while placing structural concrete or for a period of at least 36 hr.thereafter.Pump or bail during placement of seal concrete only to the extent necessary to maintain a static head of water within the cofferdam.Pump or bail to de-water inside a sealed cofferdam only after the seal has aged at least 36 hr. Place a stabilizing material in the bottom of the excavation if the bottom of an excavation cannot be de- watered to the point the subgrade is free of mud or it is difficult to keep reinforcing steel clean.Use flexible base,cement-stabilized base or backfill,lean concrete,or other approved stabilizing material.Provide concrete with at least 275 Ib.of cement per cubic yard,if lean concrete is used,and place to a minimum depth of 3 in.Stabilizing material placed for the convenience of the Contractor will be at the Contractor's expense. 3.1.2. Bridge Foundations and Retaining Walls.Do not disturb material below the bottom of footing grade.Do not backfill to compensate for excavation that has extended below grade.Fill the area with concrete at the time the footing is placed if excavation occurs below the proposed footing grade.Additional concrete placed will be at the Contractor's expense. Take core samples to determine the character of the supporting materials if requested.Provide an intact sample adequate to judge the character of the founding material.Take these cores when the excavation is close to completion.Cores should be approximately 5 ft.deeper than the proposed founding grade. Remove loose material if the founding stratum is rock or another hard material,and clean and cut it to a firm surface that is level,stepped,or serrated,as directed.Clean out soft seams,and fill with concrete at the time the footing is placed. Place the foundation once the Engineer has inspected the excavation and authorized changes have been made to provide a uniform bearing condition if the material at the footing grade of a retaining wall,bridge bent,or pier is a mixture of compressible and incompressible material. 3.1.3. Cofferdams.The term"cofferdam"designates any temporary or removable structure constructed to hold surrounding earth,water,or both out of the excavation whether the structure is formed of soil,timber,steel, concrete,or a combination of these. Use pumping wells or well points for de-watering cofferdams if required. Submit details and design calculations for sheet-pile or other types of cofferdams requiring structural members bearing the seal of a licensed professional engineer for review before constructing the cofferdam. The Department reserves the right to reject designs.Design structural systems to comply with the American Concrete Institute(ACI)318-19 Building Code Requirements for Structural Concrete and Commentary latest edition.Interior dimensions of cofferdams must provide enough clearance for the construction, inspection,and removal of required forms and,if necessary,enough room to allow pumping outside the forms.Extend sheet-pile cofferdams well below the bottom of the footings,and make concrete seals as well braced and watertight as practicable. Use Class E concrete for foundation seals unless otherwise specified.Place concrete foundation seals in accordance with 100007-T,"Concrete Substructures."Seals placed for the convenience of the Contractor will beat the Contractor's expense. Make the excavation deep enough to allow for swelling of the material at the base of the excavation during Excavation and Backfill for Structures 100002-T Salt Flats Levee Improvements E17117 Page 2 of 9 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 pile-driving operations when the Engineer judges it to be impractical to de-water inside a cofferdam and a concrete seal is to be placed around piling driven within the cofferdam.Remove swelling material to the bottom of the seal grade after driving the piling.Remove the foundation material to exact footing grades where it is possible to de-water inside the cofferdam without placing a seal after driving piling.Do not backfill a foundation to compensate for excavation that has been extended below grade;fill such areas below grade with concrete at the time the seals or footings are placed. Remove cofferdams after completing the substructure without disturbing or damaging the structure unless otherwise provided. 3.1.4. Culverts and Storm Drains.When the design requires special bedding conditions for culverts or storm drains,an excavation diagram will be shown on the plans.Do not exceed these limits of excavation. Construct pipe structures in an open cut with vertical sides extending to a point 1 ft.above the pipe unless otherwise shown on the plans.When site conditions or the plans do not prohibit sloping the cut,the excavation may be stepped or laid back to a stable slope beginning 1 ft.above the pipe.Maintain the stability of the excavation throughout the construction period. Construct the embankment for pipe to be installed in fill above natural ground to an elevation at least 1 ft. above the top of the pipe,and then excavate for the pipe. 3.1.4.1. Unstable Material. Remove the material to a depth of no more than 2 ft.below the grade of the structure when unstable soil is encountered at established footing grade,unless the Engineer authorizes additional depth.Replace soil removed with stable material in uniform layers no greater than 8 in.deep(loose measurement).Each layer must have enough moisture to be compacted by rolling or tamping as required to provide a stable foundation for the structure. Use special materials such as flexible base,cement-stabilized base,cement-stabilized backfill,or other approved material when it is not feasible to construct a stable foundation as outlined above. 3.1.4.2. Incompressible Material. Remove the incompressible material to 6 in. below the footing grade, backfill with an approved compressible material,and compact in accordance with Section 3.3.,"Backfill,"if rock,part rock, or other incompressible material is encountered at established footing grade while placing prefabricated elements. 3.2. Shaping and Bedding. Place at least 2 in.of fine granular material for precast box sections on the base of the excavation before placing the box sections.Use bedding as shown in Figure 1 for pipe installations.Use Class C bedding unless otherwise shown on the plans.The Engineer may require the use of a template to secure reasonably accurate shaping of the foundation material.Undercut the excavation at least 4 in.where cement-stabilized backfill is indicated on the plans and backfill with stabilized material to support the pipe or box at the required grade. Excavation and Backfill for Structures 100002-T Salt Flats Levee Improvements E17117 Page 3 of 9 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 B, - Outside diameter or D dl horizontal dimension 27ex 3" D - Inside diameter of pipe 30" to 60" 4" d - Min. bedding material below pipe > 66" 6.. F 112 in. Min. FineMriatular a...... Filt (2 iin.)Compacted -- ooanutar (1.2 B, Min.. Material .. d Compacted Class B Backfill Conc. CLASS 12 iin. oma.. Min. in. �v x..0.5 BC � 6 Min, u - Shaped Subgrade CLAS '112 in. 12 in. Min. Min. . ......,.. r. r— - Shaped , d �f Subgrade CLAS Figure 1 Bedding Diagrams 3.3. Backfill. 3.3.1. General. Backfill the excavation after placement of the permanent structure as soon as practical. Use backfill free from stones large enough to interfere with compaction-,large or frozen lumps that will not break down readily under compaction-,and wood or other extraneous material.Obtain backfill material from excavation or from other sources. Place backfill in layers no greater than 10 in.deep(loose measurement)in areas not supporting a completed roadbed,retaining wall,or embankment. Place backfill in uniform layers no greater than 8 in.deep(loose measurement)in areas supporting a portion of a roadbed,retaining wall,or embankment.Compact each layer to meet the density requirements of the roadbed,retaining wall,embankment material,or as shown on the plans. Excavation and Backfill for Structures 100002-T Salt Flats Levee Improvements E17117 Page 4 of 9 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Bring each layer of backfill material to the moisture content needed to obtain the required density.Use mechanical tamps or rammers to compact the backfill.Rollers may be used to compact backfill if feasible. Cohesionless materials may be used for backfilling. Use cohesionless materials that conform to the requirements of Table 1. Table 1 Cohesionless Material Gradation Limits Sieve Size Percent Retained 3" 0 #10 See Note' #200 90-100 1. No.10 sieve requirements are 0 to 30%retained when used as aggregate for cement-stabilized backfill. Compact cohesionless materials using vibratory equipment,water-ponding,or a combination of both. 3.3.2. Bridge Foundations,Retaining Walls,Manholes/Inlets,and Box Culverts.Place backfill against the structure only after the concrete has reached the design strength required in Section 030020, "Portland Cement Concrete(City)." Backfill retaining walls with material meeting the requirements of, 100008-T"Retaining Walls."Backfill around bridge foundations,manholes/inlets and culverts using material with particles no more than 4 in.in greatest dimension and a gradation that permits thorough compaction.Use rock or gravel mixed with soil if the percentage of fines is enough to fill all voids and ensure a uniform and thoroughly compacted mass of proper density. Use mechanical tamps and rammers to avoid damage to the structure where backfill material is being placed too close to the structure to permit compaction with blading and rolling equipment. Avoid wedging action of backfill against structures.Step or serrate slopes bounding the excavation to prevent such action. Place backfill uniformly around bridge foundations.Place backfill equally and in uniform layers along both sides of manholes/inlets and culverts. The Engineer may require backfilling of structures excavated into hard,erosion-resistant material,and subject to erosive forces,with stone or lean concrete. Box culverts may be opened to traffic as soon as enough backfill and embankment has been placed over the top to protect culverts against damage from heavy construction equipment. Repair damage to culvert caused by construction traffic at no additional expense to the Department. 3.3.3. Pipe.Bring backfill material to the proper moisture condition after installing bedding and pipe as required and place it equally along both sides of the pipe in uniform layers no greater than 8 in.deep(loose measurement). Compact each lift mechanically.Thoroughly compact materials placed under the haunches of the pipe to prevent damage or displacement of the pipe.Place backfill in this manner to the top-of-pipe elevation. Place and compact backfill above the top of the pipe in accordance with Section 3.3.1.,"General." The Engineer may reject backfill material containing more than 20%by weight of material retained on a 3 in. sieve with large lumps not easily broken down or that cannot be spread in loose layers. Material excavated by a trenching machine will generally meet the requirements of this Section as long as large stones are not present. Place and compact additional material where pipe extends beyond the toe of slope of the embankment and the depth of cover provided by backfill to the original ground level is less than the minimum required by the specifications for the type of pipe involved until the minimum cover has been provided. Excavation and Backfill for Structures 100002-T Salt Flats Levee Improvements E17117 Page 5 of 9 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 3.3.4. Cement-Stabilized Backfill.Backfill the excavation to the elevations shown with cement-stabilized backfill when shown on the plans.Use cement-stabilized backfill that contains aggregate conforming to the gradation limits shown in Table 1,water,and a minimum of 7%hydraulic cement based on the dry weight of the aggregate. Place cement-stabilized backfill equally along the sides of structures to prevent strain on or displacement of the structure. Fill voids when placing cement-stabilized backfill. Use hand-operated tampers if necessary to fill voids. 3.3.5. Flowable Backfill. Backfill the excavation with Plowable backfill to the elevations indicated when shown on the plans. Prevent the structure from being displaced during the placement of the Plowable fill,and prevent Plowable fill from entering manholes/inlets and culverts,and drainage structures. 4. MEASUREMENT This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal, unless modified by Article 17 of Section 007200 General Conditions.Additional measurements or calculations will be made if adjustments of quantities are required. 4.1. Structural Excavation.Unless shown on the plans as a pay item,structural excavation quantities shown are for information purposes only. When structural excavation is specified as a pay item,structural excavation for pipe headwalls,inlets, manholes,culvert or storm drain extensions less than 15 ft. long,bridge abutments,retaining walls,and side road and private entrance pipe culverts will not be measured.No allowance will be made for variance from plans quantity incurred by an alternate bid. When specified as a pay item,structural excavation will be measured by the cubic yard as computed by the average end areas method.Excavation diagrams on the plans take precedence over the provisions of this Article. 4.1.1. Boundaries of Measurement. 4.1.1.1. Pipe. 4.1.1.1.1. Pipe up to 42 Inches.For pipe up to 42 in.nominal or equivalent diameter,no material outside of vertical planes 1 ft.beyond and parallel to the horizontal projection of the outside surfaces of the pipe will be included. 4.1.1.1.2. Pipe Larger than 42 Inches.For pipes larger than 42 in.nominal or equivalent diameter,no material outside of vertical planes located 2 ft.beyond and parallel to the horizontal projection of the outside surfaces of the pipe will be included. Quantities for excavation in fill above natural ground include 1 ft.above the top of the pipe regardless of the height of completed fill.Excavation for pipe will be measured between the extreme ends of the completed structure including end appurtenances as shown on the plans and from centerline to centerline of inlets, manholes,etc. 4.1.1.2. Structural Plate Structures.No material outside of vertical planes 3 ft.beyond and parallel to the horizontal projection of the outside surfaces of the structure will be included.When the quality of the existing soil or embankment is less than that of the proposed backfill material,the limits of measurement will be extended to vertical planes located 1/2 of the span beyond the horizontal projection of the outside surfaces of the structure. 4.1.1.3. Footings,Walls,Boxes,and Other Excavation.No material outside of vertical planes 1 ft.beyond and parallel to the edges of the footings or outside walls will be included whether or not a cofferdam or shoring is Excavation and Backfill for Structures 100002-T Salt Flats Levee Improvements E17117 Page 6 of 9 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 used.When plans provide the option of cast-in-place or precast boxes,measurement will be based on the cast-in-place option. Where excavation in addition to that allowed for the footings is required for other portions of the structure, measurement for the additional excavation will be limited laterally by vertical planes 1 ft.beyond the face of the member and parallel to it,and vertically to a depth of 1 ft.below the bottom of the member. 4.1.1.4. Excavation near Roadways and Channels.At structure sites other than culverts and pipe excavations,the measurement of structural excavation will include only material below or outside the limits of the completed road or channel excavation.Roadway and channel excavation will be paid under 100009-T,"Excavation."For culverts except side road and private entrance culverts,excavation within the limits of the structure and below or outside the limits of the completed roadway excavation will be measured as structural excavation. 4.1.2. Falsework.No measurement will be made for excavation necessary for placing forms or falsework that exceeds the limits given in Section 4.1.1.,"Boundaries of Measurement." 4.1.3. Swelling.Measurement will not include materials removed below footing grades to compensate for anticipated swelling due to pile-driving,nor will it include material required to be removed due to swelling beyond the specified limits during pile-driving operations. 4.1.4. Cave-Ins.Measurement will not include additional volume caused by slips,slides,cave-ins,silting,or fill material resulting from the action of the elements or the Contractor's operation. 4.1.5. Undercut.Where rock or other incompressible or unstable material is undercut to provide a suitable foundation for pipe or box sections,such material below grade directed to be removed will be measured for payment. 4.1.6. Grade Change.Additional measurement will be made of the volume of excavation involved in the lowering or raising of the elevation of a footing,foundation,or structure unit,when such grade change is authorized. 4.2. Cement-Stabilized Backfill.Cement-stabilized backfill will be measured by the cubic yard as shown on the plans. 4.3. Cutting and Restoring Pavement.Cutting and restoring pavement will be measured by the square yard as shown on the plans. Excavation below pavement or base will be measured as structural excavation of the pertinent type. 5. PAYMENT 5.1. Structural Excavation.Unless specified as a pay item,structural excavation and backfill performed,and material furnished in accordance with this Item will not be paid for directly but are subsidiary to pertinent Items. When structural excavation is specified as a pay item,the excavation and backfill work performed,and materials furnished will be paid for at the unit price bid for"Structural Excavation,""Structural Excavation (Box),""Structural Excavation(Pipe),"and"Structural Excavation(Bridge)."This price includes concrete to compensate for excavation that has extended below grade for bridge foundations and retaining walls,and backfilling and compacting areas that were removed as part of structural excavation. Cofferdams or other measures necessary for supporting excavations less than 5 ft.deep will not be measured or paid for directly but will be subsidiary to the Contract. Foundation seal concrete for cofferdams,when required,will be paid for as provided in the pertinent Items. If no direct method of payment is provided in the Contract,the work will be measured and paid for in accordance with Article 17.of Section 007200 General Conditions.Seal placed for the convenience of the Contractor will not be paid for. Excavation and Backfill for Structures 100002-T Salt Flats Levee Improvements E17117 Page 7 of 9 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Unless otherwise provided,stone or lean concrete backfill around structures as provided for in Section 3.3.2.,"Bridge Foundations,Retaining Walls,Manholes/Inlets,and Box Culverts,"will be measured and paid for as extra work in accordance with Article 17.of Section 007200 General Conditions. When structural excavation is specified as a pay item,a partial payment of 50%of the bid price will be made for structural excavation completed to the satisfaction of the Engineer but not backfilled.The remaining amount will be paid upon completion of backfilling.When the Contractor elects to excavate beyond plan requirements,no measurement will be made of the additional volume. 5.2. Removal and Replacement of Unsuitable or Incompressible Material.Removal and replacement of material will be paid for if directed.Removal and replacement of material or placement of special material made necessary by the softening of founding material due to the Contractor's sequence of work or operation, will be at the Contractor's expense.Special material used or additional excavation made for the Contractor's convenience will not be paid for. 5.2.1. Structural Excavation as a Pay Item.Where special materials are not required or specified,payment for the removal and replacement of unstable or incompressible material will be made at a price equal to 200%of the unit price bid per cubic yard for Structural Excavation.When the Contractor elects to remove and replace material deeper than directed,no measurement will be made on that portion below the directed elevation. This price is full compensation for removing the unstable or incompressible material;furnishing,hauling, placing,and compacting suitable replacement material;and equipment, labor,tools,and incidentals. When the plans specify or when directed,the use of special materials such as flexible base,cement- stabilized base,cement-stabilized backfill,or other special material,payment for excavation below footing grades will be made at the unit price bid for Structural Excavation. Payment for furnishing,hauling,placing, and compacting the flexible base,cement-stabilized base,cement-stabilized backfill,or other special materials will be made at the unit price bid for these items in the Contract,or,if the required material is not a bid item,in accordance with Article 17 of Section 007200 General Conditions. 5.2.2. Structural Excavation Not a Pay Item.Where special materials for backfill are not required or specified, payment for the authorized removal and replacement of unstable or incompressible material will be measured and paid for at$15 per cubic yard of material removed.This price is full compensation for removing the unstable or incompressible material;furnishing,hauling,placing,and compacting suitable replacement material;and equipment,labor,tools,and incidentals. When the plans specify or when directed,the use of special materials such as flexible base,cement- stabilized base,cement-stabilized backfill,or other special material,excavation below the footing grades will be paid for at$10 per cubic yard. Payment for furnishing,hauling,placing,and compacting the flexible base, cement-stabilized base,cement-stabilized backfill,or other special materials will be made at the unit price bid for these items,or,if the required material is not a bid item,in accordance with Article 17.of Section 007200 General Conditions. 5.3. Lowering of a Structure Foundation. If the Engineer requires a structure foundation to be lowered to an elevation below the grade shown on the plans,over excavation will be paid in accordance with Table 2. Table 2 Payment for ReuiredOverexcavation Variance of Revised Payment Terms Variance of Revised Footing Footing Grade fromGrade from Plan Grade Plan Grade "Structural Excavation" "Structural Excavation" is a Bid Item is not a Bid Item Up to and including 5 ft. Unit price equal to 115%of unit $10 per cubic yard rice bid for"Structural Excavation" Over 5 ft.up to 10 ft. Unit price equal to 125%of unit $12 per cubic yard rice bid for"Structural Excavation" Over 10 ft. In accordance with Article 17 of Section 007200 General Conditions Excavation and Backfill for Structures 100002-T Salt Flats Levee Improvements E17117 Page 8 of 9 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 5.4. Cement-Stabilized Backfill.Cement-stabilized backfill will be paid for at the unit price bid for"Cement- Stabilized Backfill." 5.5. Cutting and Restoring Pavement.Cutting and restoring pavement will be paid for at the unit price bid for "Cutting and Restoring Pavement"of the type specified. Work done to repair damage to base or pavement incurred outside the limits shown on the plans,or the limits authorized,will not be measured for payment. The unit prices bid are full compensation for excavation including removing obstructions and plugging drainage systems;bedding and backfilling including placing,sprinkling and compaction of material; soundings;cleaning and filling seams;constructing and removing cofferdams;de-watering,sheeting,or bracing excavations up to and including 5 ft.deep;pumps;drills;explosives;disposition of surplus material; cutting pavement and base to neat lines;and materials,hauling,equipment,labor,tools,and incidentals. Flowable backfill will be paid for as provided in 100003-T,"Flowable Backfill."Protection methods for open excavations deeper than 5 ft.will be measured and paid for as required under Section 022022,"Trench Safety for Excavations(City),"or 100006-T,"Temporary Special Shoring." Excavation and Backfill for Structures 100002-T Salt Flats Levee Improvements E17117 Page 9 of 9 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 100003-T 401 Item 401 (Reference Specification) Flowable Backfill 1. DESCRIPTION Furnish and place flowable backfill for trench,hole,or other void. 2. MATERIALS Use materials from prequalified sources listed on the Department website. Use materials from non-listed sources only when tested and approved before use.Allow 30 calendar days for the Engineer to sample,test, and report results for non-listed sources. Do not combine approved material with unapproved material. 2.1 Cement. Furnish cement in accordance with DMS-4600,"Hydraulic Cement." 2.2 Fly Ash. Furnish fly ash in accordance with DMS-4610,"Fly Ash." 2.3 Chemical Admixtures. Furnish chemical admixtures in accordance with DMS-4640,"Chemical Admixtures for Concrete." Use specialty type admixtures to enhance the flowability,reduce shrinkage,and reduce segregation by maintaining solids in suspension when necessary. Use and proportion all admixtures in accordance with the manufacturer's recommendations. 2.4 Fine Aggregate. Provide fine aggregate that will stay in suspension in the mortar to the extent required for proper flow and that meets the gradation requirements of Table 1. Table 1 Aggregate Gradation Chart Sieve Size Percent Passing 3/4" 100 #200 0-30 Test fine aggregate gradation in accordance with Tex-401-A. Plasticity Index(PI)must not exceed 6 when tested in accordance with Tex-106-E. 2.5 Mixing Water. Use mixing water in accordance with Item 421,"Hydraulic Cement Concrete." 3. CONSTRUCTION Submit a construction method and plan, including mix design,for approval. Provide a means of filling the entire void area,and be able to demonstrate this has been accomplished. Prevent the movement of any inserted structure from its designated location. Remove and replace or correct the problem if voids are found in the fill or any of the requirements are not met as shown on the plans without additional cost to the Department. 414 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 401 Furnish a mix meeting the requirements of Table 2 unless otherwise shown on the plans. Table 2 Flowable Fill Mix Design Requirements Property Excavatable I Non-Excavatable Test Method 28-day Compressive Strength,'psi 80 to 200 1 >200 ASTM D4832 Consistenc ,2 Min diameter,in. 8 ASTM D6103 Unit Weight,pcf 90 to 125 1 100 to 145 ASTM D6023 Air Content,% 10 to 30 1 5 to 15 ASTM D6023 1. Average of 2 specimens. 2. Mixture must not segregate. Mix the Flowable fill using a central-mixed concrete plant,ready-mix concrete truck,pug mill,or other approved method. Furnish all labor,equipment,tools,containers,and molds required for sampling,making,transporting,curing, removal,and disposal of test specimens. Furnish test molds meeting the requirements of Tex-447-A. Transport,strip,and cure the test specimens as scheduled at the designated location.Cure test specimens in accordance with Tex-447-A.The Engineer will sample,make,and test all specimens. Dispose of used, broken specimens in an approved location and manner.The frequency of job-control testing will be at the direction of the Engineer. 4. MEASUREMENT This Item will be measured by the cubic yard of material placed. Measurement will not include additional volume caused by slips,slides,or cave-ins resulting from the Contractor's operations. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Flowable Backfill."This price is full compensation for furnishing,hauling,and placing materials and for equipment,tools, labor,and incidentals. 415 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Departmental Materials Specification DMS-4600 100004-T DMS-4600 (Reference Specification) Hydraulic Cement Effective Date:JULY 2020 1. DESCRIPTION This Specification establishes requirements and test methods for hydraulic cement and the Hydraulic Cement Quality Monitoring Program(HCQMP).Hydraulic cement is cement that sets and hardens by chemical interaction with water and that is capable of doing so underwater.(Formerly DMS-4600,"Hydraulic Cement Quality Monitoring Program".) 2. UNITS OF MEASUREMENTS The values given in parentheses(if provided)are not standard and may not be exact mathematical conversions.Use each system of units separately.Combining values from the two systems may result in nonconformance with the standard. 3. MATERIAL PRODUCER LIST The Materials and Tests Division(MTD)maintains the Material Producer List(MPL)of all materials conforming to the requirements of this Specification.Materials appearing on the MPL,entitled"H draulic Cement,"require no further sampling and testing before use,unless deemed necessary by the Project Engineer or MTD. 4. BIDDERS'AND SUPPLIERS' REQUIREMENTS In most cases,hydraulic cement must be pre-qualified and accepted into the Hydraulic Cement Quality Monitoring Program(HCQMP)in accordance with the requirements listed in Articles 4600.5 and 4600.6 of this Specification. Use of pre-qualified product does not relieve the Contractor of the responsibility to provide product that meets this Specification.The Department may inspector test material at anytime and reject any material that does not meet the specifications. In cases when using cement not on the HCQMP for a specific project,the Department will test the cement for compliance with Article 4600.6 of this Specification before allowing the material on the project.Submit two 1 gal.samples,corresponding mill certificates,and Material Safety Data Sheets to the Texas Department of Transportation,Materials and Tests Division,Cement Laboratory(CP51),9500 North Lake Creek Parkway, Austin,Texas 78717. Suppliers with multiple products will ensure that the materials in the HCQMP are not contaminated by other approved or non-approved products. Materials and Tests Division 1-5 Effective Date:JULY 2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Departmental Materials Specification DMS-4600 5. PRE-QUALIFICATION PROCEDURE 5.1. Pre-Qualification Request.Submit written request on company letterhead for evaluation under DMS-4600 to DMS Pregual @,txdot.gov. Include the following information in the request: ■ companyname; ■ physical and mailing addresses of the plant(and the storage facility in Texas for the imports); ■ capacity of the storage facilities; ■ phone number,and email address of the Quality Control Manager; ■ 6 mo.of physical and chemical producer test data meeting Article 4600.6 of this specification; ■ information about the laboratory, that the Cement and Concrete Reference Laboratory (CCRL) inspects and,performs all tests required in Article 4600.6;and ■ a copy of the producer's Quality Control Program (QCP). General guidelines can be found in AASHTO R38. For the imports, the QCP of the supplier's facility in Texas is also required. At minimum,the QCP shall include: • production or distribution facility information including contact information, physical address, storage capacity,photographs of the major areas; • QCP roles,responsibilities,training requirements,and certifications; • sampling plan • current AASHTO accreditation certificate for the laboratory performing the tests in Article 4600.6; • hauling handling,and storage processes for imported sources; • plan for non-conforming materials; 5.2. Sampling and Testing.Sampling will be in accordance with Tex-300-D.Testing will be in accordance with the requirements of Article 4600.6 of this Specification.Sampling is at the mutual convenience of the Department and the supplier. The Department or a designated Department representative will take pre-qualification samples to place cements on the HCQMP.For cement,not on the HCQMP,the Departmentwill sample the hydraulic cement during the course of a project to ensure continued specification compliance.For cement on the HCQMP or approved for a specific project,producers will submit monthly samples at the beginning of each month for all certified cements.Monthly QM samples should be received by the 15th of each month.The Department reserves the right to conduct random sampling of materials for testing and to perform random audits of test reports. Department representatives may sample material from the plant,terminal,transportation containers,and concrete plants to verify compliance with Article 4600.6. 5.3. Evaluation.MTD will notify prospective bidders and suppliers after completion of material evaluation. 5.3.1. Qualification.If approved for use by the Department,MTD will accept the material to the HCQMP and add to the MPL. Report changes in the composition or in the manufacturing process of any material to MTD.Significant changes reported by the producer,as determined by the Director of MTD,may require a re-evaluation of performance.The Department reserves the right to conduct whatever tests it deems necessary to identify a Materials and Tests Division 2-5 Effective Date:JULY 2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Departmental Materials Specification DMS-4600 pre-qualified material and determine if there is a change in the composition,manufacturing process,or quality that may affect its durability or performance.In case of variance,the Department's tests will govern. 5.3.2. Failure.Producers not qualified under this Specification may not furnish materials for use on Department projects. Producers failing to qualify may submit request for re-evaluation after 12 mo.have elapsed from the date of the original request.MTD may modify this time limit at its discretion.In the request for re-evaluation,document the cause of the issue and corrective action taken. The Department normally bears the costs of sampling and testing;however,the producer will bear the costs associated with materials failing to conform to the requirements of this Specification.The Director of MTD will assess this cost at the time of testing,and amounts due will be billed to the producer. 5.4. Reporting Requirements.For each type of cement on the HCQMP,submit: ■ monthly mill certificate that shows: • the cement meets the requirements of this Specification; • the minimum,maximum,and average values for equivalent alkalis obtained from quality control tests or a calculated value for maximum total alkali,based on a 95%confidence level;and • the average tricalcium aluminate(CA)content forType III(MS)cement meets the requirements of ASTM C150 Table 2; ■ for imported foreign cement sources,monthly test report from laboratory,that the Cement and Concrete Reference Laboratory(CCRL)inspects,that shows: • the cement meets the requirements of this Specification; • the minimum,maximum,and average values for equivalent alkalis obtained from quality control tests;and • the average tricalcium aluminate(CA)content forType III(MS)cement meets the requirements of ASTM C150 Table 2; ■ written notification of changes in clinker source or other major production changes; ■ annual test reports,if applicable,for: • ASTM C563; • ASTM C1038;and • ASTM C265;and ■ test reports,if applicable,for processing additions using ASTM C465. Mill Certificates and monthly test reports will be submitted electronically to the following: MTD—TxDOTCementMillCerts@txdot.gov 5.5. Periodic Evaluation.The Department reserves the right to conduct random sampling and testing of pre-qualified materials to verify performance and Specification compliance and to perform random audits of documentation. Department representatives may sample material from the manufacturing plant,the project site,and the warehouse. Failure of materials to comply with the requirements of this Specification as a result of periodic evaluation may be cause for removal of those materials from the HCQMP.In case of variance,the Department's tests willgovern. Materials and Tests Division 3-5 Effective Date:JULY 2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Departmental Materials Specification DMS-4600 5.6. Disqualification.Causes ford isqualification and removal from the HCQMP may include,but are not limited to: ■ failure to supply cement to any Department project for 1 yr., ■ failure to meet the reporting requirements of the HCQMP, ■ failure to supply monthly samples to the department as required by Article 4600.5.2, ■ failure of two consecutive samples to meet the material requirements of this Specification, ■ failure of the producer or supplier to adhere to its Quality Control Program, ■ falsification of documentation, ■ producer fails to report any change in material composition or manufacturing process to MTD, ■ producer has unpaid charges for failing samples. MTD will remove disqualified producers from the MPL and will not allow submission of material for re- qualification for up to 12 mo.,at the discretion of the Department. 5.7. Re-Qualification.Once the disqualification period established by MTD has elapsed,producers disqualified and removed from the HCQMP may begin the re-qualification process by submitting a request in accordance with Section 5.1,including additional documentation identifying the cause of the problem and corrective action taken.The re-qualification process will then follow all subsequent Sections of Article 5. The Department normally bears the costs of sampling and testing; however,the disqualified producer will bear the costs associated with re-qualification.The Director of MTD will assess this cost at the time of re- evaluation,and amounts due will be billed to the producer. 6. MATERIAL REQUIREMENTS All types of cement must meet the requirements of ASTM C150 or ASTM C595,with the following additions and exception. 6.1. Additions to ASTM C150.ASTM C465 is required when: ■ adding 1%to 5%of an inorganic processing addition or an inorganic processing addition,such as fly ash or ground-granulated blast furnace slag.The control cement should be composed of either: • clinker+organic grinding aid(with prior passing ASTM C 465)+gypsum,or • clinker+organic grinding aid(with prior passing ASTM C 465)+gypsum+limestone(with prior ASTM C465 full or mortar/paste only—fineness tolerances not required);or ■ adding 1%to 5%inorganic processing addition AND 1%to 5%limestone addition.The control cement should be composed of clinker+organic grinding aid(with prior passing ASTM C 465)+gypsum. A modified ASTM C465 including the mortar/paste testing only(fineness tolerances not required)will be required when adding 1%to 5%limestone to a cement already containing an inorganic processing addition (with prior passing ASTM C465).The control cement should be composed of either: ■ clinker+organic grinding aid(with prior passing ASTM C465)+gypsum,or ■ clinker+organic grinding aid(with prior passing ASTM C465)+gypsum+inorganic processing addition (with prior passing ASTM C465 submitted before the effective date of this Specification). For cements with limestone additions,report a corrected percent limestone to accurately reflect the total amount of limestone added.Report the difference between background/baseline loss on ignition(pre- limestone addition)and the total loss on ignition(after limestone addition)as the corrected percent limestone. Materials and Tests Division 4-5 Effective Date:JULY 2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Departmental Materials Specification DMS-4600 6.2. Additions to ASTM C595. 6.2.1. Type IP.Type IP portland-pozzolan cements must be blended with at least the minimum percentage of fly ash listed in the Fly Ash MPL. Use of lower percentages of fly ash will be allowed if ASTM C1567 test data is provided showing the proposed percentage of fly ash will limit the expansion to a<0.10%when tested using a fine aggregates with an ASTM C1260>-0.30%. Laboratory performing ASTM C 1567 must be listed on the Department's list of Commercial Laboratories Certified for ASTM C 1260/1567 Test Methods. 6.2.2. Type HIP.Type I IIP portland-pozzolan cements must meet all the requirements of a Type IP,and the strength requirements listed in Table 1. Table 1 Compressive StrenthRe uirements for TypeHIPCements Item Limit,Min psi 1-day compressive strength 1,890 3-day compressive strength 3,780 6.2.3. Type IS.Type IS portland blast-furnace slag cements must be Type IS(>35). 6.2.4. Type IT.Type IT ternary blended cements must contain 35%to 50%supplementary cementing materials, and no more than 35%may be fly ash,and no more than 10%may be silica fume.Type IT cements containing less than 35%supplementary cementing materials,or contained limestone as one of the constituents,must provide ASTM C1567 test data showing the proposed Type IT cement will limit the expansion to a<0.10%when tested using a fine aggregates with an ASTM C 1260>-0.30%. Note:When performing ASTM C1567 using Type IP or Type IT cements,use the proposed blended cement, and do not replace any of the proposed blended cementwith additional supplementary materials 7. ARCHIVED VERSIONS Archived versionsare available. Materials and Tests Division 5-5 Effective Date:JULY 2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Departmental Materials Specification DMS-4610 100005-T DMS-4610 (Reference Specification) Fly Ash Effective Date:JULY 2020 1. DESCRIPTION This Specification establishes the requirements,test methods,and the Fly Ash Quality Monitoring Program (FAQMP)for non-blended and blended fly ash,modified fly ash(MFA),and ground bottom ash(GBA)used in concrete products. Non-blended fly ash is the finely divided residue or ash that remains after burning finely pulverized coal at high temperatures. Blended fly ash is fly ash blended by interblending or intergrinding with other supplementary cementing materials including other fly ash,slag cement,natural pozzolans,etc. MFA is a non-blended or blended fly ash produced by intergrinding with or without additional additives.GBA is the coarse residue or ash that remains after burning finely pulverized coal at high temperature and is ground to finer material. 2. UNITS OF MEASUREMENTS The values given in parentheses(if provided)are not standard and may not be exact mathematical conversions.Use each system of units separately.Combining values from the two systems may result in nonconformance with the standard. 3. MATERIAL PRODUCER LIST The Materials and Tests Division(MTD)maintains the Material Producer List(MPL)of all materials conforming to the requirements of this Specification.Materials appearing on the MPL,entitled"FI Ash," require no further sampling and testing before use,unless deemed necessary by the Project Engineer or MTD. 4. BIDDERS'AND SUPPLIERS' REQUIREMENTS The Department will only purchase or allow on projects those products accepted into the FAQMP and listed by producer and product code or designation shown on the MPL. Use of pre-qualified product does not relieve the Contractor of the responsibility to provide product that meets this Specification.The Department may inspect or test material at any time and reject any material that does not meet the specifications. 5. QUALIFICATION PROCEDURE 5.1. Pre-Qualification Request.Submit request for evaluation under DMS-4610 to DMS Pregual(atxdot.pov. Include the following information in the request: - name,address,and contact information for the supplier; - name and location of the power plant or production plant; - coal origin and classification being used by the power plant; - class of fly ash being collected; - sources of materials to be blended; Materials and Tests Division 1-4 Effective Date:JULY 2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Departmental Materials Specification DMS-4610 capacity of the storage facilities; six months of weekly physical and chemical test data meeting Article 4610.6 of this Specification;and details of the supplier's Quality Control Program,including measures taken to ensure that fly ash meeting the requirements of this Specification is kept separate from fly ash that does not,including, but not limited to,fly ash produced during power plant shutdown,start-up,or other transient operational periods.For the imports,the Quality Control Program of the supplier in Texas is also required. Information about the laboratory that performs all tests required in Article 6. 5.1.1. Criteria for Acceptance.The laboratory or laboratories performing the physical and chemical tests for the supplier must be inspected by the Cement and Concrete Reference Laboratory(CCRL)and participate in the Pozzolan Proficiency Program,for the tests performed in Article 6. The supplier must have a permanent location and: be located in the State of Texas, maintain an established terminal within Texas through which all fly ash must pass,or agree to reimburse the Department for all sampling expenses based on mileage and per diem costs for Department personnel traveling outside the State or for direct costs of sampling and shipping when sampling is accomplished through third-party agreements. 5.2 Sampling and Testing.Schedule sampling at the mutual convenience of the Department and the producer. Sampling will be in accordance with Tex-733-I.Testing will be in accordance with the requirements of Article 6. Monthly QM samples should be received by the 15th of each month.The Department reserves the right to conduct random sampling of materials for testing and to perform random audits of test reports. Department representatives may sample material from the plant,terminal,transportation containers,and concrete plants to verify compliance with this Specification. 5.3. Evaluation.MTD will notify prospective bidders and suppliers after completion of material evaluation.If approved for Department use,MTD will accept the material to the FAQMP and add it to the MPL. To remain on the FAQMP,producers must submit the following: monthly test report containing the following information: • test results,performed by a CCRL inspected laboratory,that shows the fly ash complies with the requirements of this Specification; • materials used to produced blended fly ash,and proportions used, monthly sample from each approved unit collected in accordance with Tex-733-I. Note—The sample size must be approximately 1 pt.,or 2.5 Ib.,of fly ash. Mail the sample with a Safety Data Sheet(SDS) to the Texas Department of Transportation, Materials and Tests Division, Rigid Pavements and Concrete Materials Section(CP51),9500 North Lake Creek Parkway,Austin,Texas 78717. Major changes to the fly ash produced will require re-qualification of the source.Notify the Departmentwhen a change in production occurs.This includes,but is not limited to,changes in a coal source or major alteration of plant operations. 5.4. Failure.Producers not qualified under this Specification may not furnish materials for use on Department projects. Materials and Tests Division 2-4 Effective Date:JULY 2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Departmental Materials Specification DMS-4610 Producers failing to qualify may submit a request for re-evaluation after 12 mo.have elapsed from the date of the original request.MTD may modify this time limit at its discretion.In the request for re-evaluation,document the cause of the issue and corrective action taken. The Department normally bears the costs of sampling and testing;however,the producer will bear the costs associated with materials failing to conform to the requirements of this Specification.The Director of MTD will assess this cost at the time of testing,and amounts due will be billed to the producer. 5.5. Periodic Evaluation.The Department reserves the right to conduct random sampling and testing of pre-qualified materials to verify performance and Specification compliance and to perform random audits of documentation.Department representatives may sample material from the plant,terminal,transportation containers,and concrete plants. Failure of materials to comply with the requirements of this Specification as a result of periodic evaluation may be cause for removal of those materials from the MPL. In case of variance,the Department's tests will govern. 5.6. Disqualification.Causes for disqualification and removal from the MPL may include,but are not limited to: any change in production procedures impacting fly ash quality or composition, producer fails to meet the reporting any testing requirements of this Specification, producer fails to report any change in material composition or production to MTD, any material sample fails to meet the requirements of this Specification, falsification of documentation,or producer has unpaid charges for failing samples. MTD will remove disqualified producers from the MPL and will not allow submission of material for re- qualification for 12 mo.,at the discretion of the Department. 5.7. Re-Qualification.Once the disqualification period established by MTD has elapsed,producers disqualified and removed from the MPL may begin the re-qualification process by submitting a request in accordance with Section 5.1,including additional documentation identifying the cause of the problem and corrective action taken.The re-qualification process will then follow all subsequent Sections of Article 5. The Department normally bears the costs of sampling and testing; however,the disqualified producer will bear the costs associated with re-qualification.The Director of MTD will assess this cost at the time of re- evaluation,and amounts due will be billed to the producer. 6. MATERIAL REQUIREMENTS Non-blended and blended fly ash,and GBA must meet all the physical and chemical requirements of Table Sources with average Calcium Oxide contents from the last ten samples>-18.0%will not be allowed for use in sulfate resistant concrete. Table 1 Fly Ash Specification Requirements Item Limit Test Method Chemical Composition:Average CaO content of the last ten samples,% Report Only ASTM C 114 Sulfur Trioxide(S03),maximum,% 5.0 ASTM C 114 Magnesium Oxide(MgO),% Report Only ASTM C 114 Total Alkali Content,expressed as Na02,eq,% Report Only ASTM C 114 Strength Activity Index1: • 7-day,minimum,% of control 75 ASTM C 311 • 28-day,minimum,%of control 75 Fineness: Amount retained when wet-sieved on 45-Om sieve,maximum,% 34 ASTM C 311 Materials and Tests Division 3-4 Effective Date:JULY 2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Departmental Materials Specification DMS-4610 Uniformity of Fineness: %points from average of last 10 test results or by all preceding tests if the number is Report Only less than ten Water requirement,maximum%of control 105 ASTM C 311 Moisture content,maximum,% 2.0 ASTM C 311 Loss on ignition,maximum,% 6.0 ASTM C 311 Density Report Only Uniformity of Density: maximum variation from average of last 10 test results or by all preceding tests if the 5 ASTM C 188 number is less than ten,% Autoclave Soundness,maximum,% 0.8 ASTM C 311 The Department will determine the Effectiveness in Controlling Alkali-Silica Reactionz: 14 day maximum expansion limit,%, 0.10 ASTM C 1567 when tested using a fine aggregate with a ASTM C 1260 expansion>-0.30%, 1.Meeting either the 7-day or 28-day is acceptable. 2.The Department will perform this test annually.Material producers will not have to report this testing on the material certificates. The Departmentwill report on the Material Producer's List: the minimum dosage needed to control alkali-silica reaction for each fly ash having a Calcium Oxide Content<18.0%, sources that must use Item 421 Option 8 to determine minimum dosage needed to effectively control alkali-silica reaction,and sources not allowed to be used when sulfate resistant concrete specified on the plans. 6.1 Modified Fly Ash. Modified fly ash must meet the requirement of Table 1,with the exceptions and additions listed in Table 2. Table 2 Additional Specification Requirements for MFA Item Limit Test Method Strength Activity Index 95 ASTM C 989 •28-day,minimum,%of control Fineness: ASTM C 311 Amount retained when wet-sieved on 45-pm sieve,maximum,% 10 Uniformity of Fineness: 3 maximum variation,%points from average of last 10 test results or by all preceding tests if the number is less than ten The Department will determine the Effectiveness in Controlling Alkali-Silica Reaction1:14 ASTM C 1567 day maximum expansion limit,%, 0.10 when tested using a fine aggregate with a ASTM C 1260 expansion>_0.30%, Expansion of Mortar Bars with 50%replacement,max% 0.02 ASTM C 1038 1.The Department will perform this test annually.Material producers will not have to report this testing on the material certificates. 7. ARCHIVED VERSIONS Archived versions are available. Materials and Tests Division 4-4 Effective Date:JULY 2020 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 100006-T 403 Item 403 (Reference Specification) Temporary Special Shoring 1. DESCRIPTION Furnish and install temporary shoring to hold the surrounding earth,water,or both out of the work area. 2. MATERIALS Furnish new or used materials. Furnish materials that meet the requirements of Item 423,"Retaining Walls," when using temporary Mechanically Stabilized Earth(MSE)walls. Furnish materials that meet the requirements of Item 410,"Soil Nail Anchors,"or Item 411,"Rock Nail Anchors,"when using temporary nailed walls(rock or soil). 3. CONSTRUCTION The Contractor is responsible for the temporary special shoring design unless complete details are included on the plans.Submit details and design calculations bearing the seal of a licensed professional engineer before constructing the shoring.The Department reserves the right to reject designs. Design the shoring to comply with OSHA Standards and Interpretations,29 CFR Part 1926,Subpart P,"Excavations." Design structural systems to comply with AASHTO Standard Specifications for Highway Bridges or AASHTO LRFD Bridge Design Specifications. Design shoring subject to railroad loading to comply with the AREMA Manual for Railway Engineering and any additional requirements of the railway being supported. Provide vertical or sloped cuts,benches,shields,support systems,or other systems to provide the necessary protection in accordance with the approved design.Construct temporary MSE walls,when used, in accordance with Item 423,"Retaining Walls."Construct temporary nailed walls(rock or soil),when used, in accordance with Item 410,"Soil Nail Anchors,"or Item 411,"Rock Nail Anchors." 4. MEASUREMENT This Item will be measured by the square foot of surface area of a vertical plane at the face of the shoring between the top of the ground being supported and the minimum protection grade line shown on the plans. If no minimum protection grade is shown on the plans,the lowest required excavated elevation will be used. Shoring projecting above the level of the ground being supported will not be measured.When excavation techniques(e.g.,sloped cuts or benching)are used to provide the necessary protection,the surface area for payment will be calculated based on the area described by a vertical plane adjacent to the structure. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Temporary Special Shoring."This price is full compensation for excavation and backfill;furnishing,placing and removing shoring,sheeting,or bracing;de- watering or diversion of water;jacking and jack removal;and equipment, labor,materials,tools,and incidentals. No payment will be made for special shoring made necessary by the selection of an optional design or sequence of work that creates the need for shoring. 417 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 100007-T 420 Item 420 (Reference Specification) Concrete Substructures 1. DESCRIPTION Construct concrete substructures including footings,columns,caps,abutments,piers,culverts,other bridge substructure elements,and other concrete structures as indicated. 2. MATERIALS 2.1. Concrete. Provide concrete in accordance with Item 421,"Hydraulic Cement Concrete." Provide the class of concrete for each type of structure or unit as shown on the plans or in pertinent governing specifications. 2.2. Grout or Mortar. Provide grout for dowelling anchors or precast connections in accordance with DMS-4675, "Cementitious Grouts and Mortars for Miscellaneous Applications." 2.3. Latex Curing Materials. Provide an acrylic-polymer latex admixture(acrylic resin emulsion per DMS-4640, "Chemical Admixtures for Concrete")suitable for producing polymer-modified concrete or mortar. Do not allow latex to freeze. 2.4. Reinforcing Steel. Provide reinforcing steel in accordance with Item 440,"Reinforcement for Concrete." 2.5. Expansion Joint Material. Provide materials in accordance with DMS-6310,"Joint Sealants and Fillers." ■ Provide preformed fiber expansion joint material that conforms to the dimensions shown on the plans. ■ Provide preformed bituminous fiber material unless otherwise specified. ■ Provide asphalt board that conforms to dimensions shown on the plans. ■ Provide re-bonded neoprene filler that conforms to the dimensions shown on the plans. 2.6. Waterstop. Provide rubber or polyvinyl chloride(PVC)waterstops in accordance with DMS-6160,"Water Stops, Nylon Reinforced Neoprene Sheet,and Elastomeric Pads,"unless otherwise shown on the plans. 2.7. Curing Materials. Provide membrane curing compounds in accordance with DMS-4650,"Hydraulic Cement Concrete Curing Materials and Evaporation Retardants." Provide cotton mats that consist of a filling material of cotton"bat'or"bats"(at least 12 oz.per square yard) completely covered with unsized cloth(at least 6 oz.per square yard)stitched longitudinally with continuous parallel rows of stitching spaced at less than 4 in.,or tuft both longitudinally and transversely at intervals less than 3 in. Provide cotton mats that are free from tears and in good general condition. Provide a flap at least 6 in.wide consisting of 2 thicknesses of the covering and extending along 1 side of the mat. Provide polyethylene sheeting that is at least 4 mils thick and free from visible defects. Provide only clear or opaque white sheeting when the ambient temperature during curing exceeds 90T or when applicable to control temperature during mass pours. Provide burlap-polyethylene mats made from burlap impregnated on 1 side with a film of opaque white pigmented polyethylene,free from visible defects. Provide laminated mats that have at least 1 layer of an impervious material such as polyethylene,vinyl plastic,or other acceptable material(either as a solid sheet or impregnated into another fabric)and are free of visible defects. Provide burlap material which complies with AASHTO M 182,Class 3(10 oz.per square yard)with the following additions: 447 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 ■ Manila hemp may also be used to make burlap. ■ Do not use burlap fabricated from bags. ■ Do not use burlap containing any water soluble ingredient which will retard the setting time of concrete. Provide used burlap complying with the requirements stated above and that has only been used previously for curing concrete."Like new"cleanliness is not expected,but contamination with any substance foreign to the concrete curing process,such as grease or oil,will be cause for rejection. 2.8. Epoxy. Provide epoxy materials in accordance with DMS-6100,"Epoxies and Adhesives,"unless otherwise specified. 3. EQUIPMENT 3.1. Transporting and Placing Equipment. Use appropriate transporting and placing equipment such as buckets,chutes,buggies,belt conveyors,pumps,or other equipment as necessary. Ensure concrete is not transported or conveyed through equipment made of aluminum. Use tremies to control the fall of concrete or for underwater placement. Use tremies that are watertight and of large enough diameter to allow the placement of the concrete but less than 14 in. in diameter.Construct the tremie so the bottom can be sealed and opened once the tremie has been fully charged with concrete for underwater placements. Use pumps with lines at least 5 in. inside diameter(I.D.)where Grade 2 or smaller coarse aggregate is used, and at least 8 in. I.D.for Grade 1 coarse aggregate. 3.2. Vibrators. Use immersion-type vibrators for consolidation of concrete. Provide at least 1 standby vibrator for emergency use. Furnish vibrator head covered by a rubberized or elastomeric cover when used near epoxy coated reinforcing steel. 3.3. Temperature Recording Equipment. Use strip chart temperature recording devices,recording maturity meters in accordance with Tex-426-A,or other approved devices that are accurate to within±2°F within the range of 32°F to 212°F for mass concrete operations,cold weather placements,and as otherwise specified. 3.4. Artificial Heating Equipment. Use artificial heating equipment as necessary for maintaining the concrete temperatures as specified in Section 420.4.7.11.,"Placing Concrete in Cold Weather." 3.5. Spraying Equipment. Use mechanically powered pressure sprayers,either air or airless,with appropriate atomizing nozzles for the application of membrane curing. Use hand-pressurized spray equipment with 2 or 3 fan-spray nozzles if approved. Ensure the spray from each nozzle overlaps the spray from adjacent nozzles by approximately 50%. 3.6. Concrete Testing Equipment. Provide testing equipment for use by the Engineer in accordance with Section 421.3.3.,"Testing Equipment." 4. CONSTRUCTION Obtain approval for proposed construction methods before starting work.Approval of construction methods and equipment does not relieve the Contractor's responsibility for safety or correctness of methods, adequacy of equipment,or completion of work in full accordance with the Contract. Unless otherwise shown on the plans, it is the Contractor's option to perform testing on structural concrete (structural classes of concrete are identified in Table 8 of Section 421.4.1.,"Classification of Concrete Mix Designs,")to determine the in-situ strength to address the schedule restrictions in Section 420.4.1., "Schedule Restrictions."The Engineer may require the Contractor to perform this testing for concrete placed in cold weather. Make enough test specimens for Contractor-performed testing to ensure strength 448 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 requirements are met for the operations listed in Section 420.4.1.,"Schedule Restrictions." Make at least 1 set of test specimens for each element cast each day.Cure these specimens under the same conditions as the portion of the structure involved for all stages of construction. Ensure safe handling,curing,and storage of all test specimens. Provide testing personnel,and sample and test the hardened concrete in accordance with Section 421.4.8.,"Sampling and Testing of Concrete."The maturity method,Tex-426-A,may be used for in-situ strength determination for schedule restrictions if approved.Coring will not be allowed for in-situ strength determination for schedule restrictions. Provide the Engineer the opportunity to witness all testing operations. Report all test results to the Engineer. If the Contractor does not wish to perform schedule restriction testing,the Engineer's 7-day lab-cured tests, performed in accordance with Article 421.5.,"Acceptance of Concrete,"will be used for schedule restriction determinations.The Engineer may require additional time for strength gain to account for field curing conditions such as cold weather. 4.1. Schedule Restrictions.Construct and open completed structures to traffic with the following limitations unless otherwise shown on the plans: 4.1.1. Setting Forms.Attain at least 2,500 psi compressive strength before erecting forms on concrete footings supported by piling or drilled shafts,or on individual drilled shafts. Erect forms on spread footings and culvert footings after the footing concrete has aged at least 2 curing days as defined in Section 420.4.10.,"Curing Concrete." Place concrete only after the forms and reinforcing steel have been inspected by the Engineer. Support tie beam or cap forms by falsework on previously placed tie beams only if the tie beam concrete has attained a compressive strength of 2,500 psi and the member is properly supported to eliminate stresses not provided for in the design. Maintain curing as required until completion of the curing period. Place superstructure forms or falsework on the substructure only if the substructure concrete has attained a compressive strength of 3,000 psi. 4.1.2. Removal of Forms and Falsework. Keep in place weight-supporting forms and falsework for bridge components and culvert slabs until the concrete has attained a compressive strength of 2,500 psi in accordance with Section 420.4.11.,"Removal of Forms and Falsework." Keep all forms for mass placements in place for 4 days following concrete placement unless otherwise approved based on the outcome of the heat control plan outlined in Section 420.4.7.14.,"Mass Placements." 4.1.3. Placement of Superstructure Members. Erect or place superstructure members or precast substructure members only after the substructure concrete has attained a compressive strength of 3,000 psi. 4.1.4. Opening to Traffic. Direct traffic culverts may be opened to construction traffic when the design strength specified in Section 421.4.1.,"Classification of Concrete Mix Design,"has been attained if curing is maintained.Obtain approval before opening direct traffic culverts to the traveling public.Open other noncritical structural and nonstructural concrete for service upon the completion of curing unless otherwise specified or directed. 4.1.5. Post-Tensioned Construction. Ensure strength requirements on the plans for structural elements designed to be post-tensioned are met for stressing and staged loading of structural elements. 4.1.6. Backfilling. Backfill in accordance with Section 400.3.3.,"Backfill." 4.2. Plans for Falsework and Forms.Submit plans for falsework and forms for the following items:vertical forms for piers and single column bents; load supporting forms for caps and tie-beams;form attachments for bridges to be widened;and other items as indicated or directed. Provide design calculations when requested. Show all essential details of proposed forms,falsework,and bracing. Have a licensed professional engineer design,seal,and sign these plans. Department approval is not required,except as noted in Table 1 of Item 5,"Control of the Work,"when forms or falsework are located such that public safety can be affected, but the Department reserves the right to request modifications to the plans.The Contractor is responsible for the adequacy of these plans. Design job-fabricated formwork assuming a weight of 150 pcf for concrete,and 449 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 include a liveload allowance of 50 psf of horizontal surface of the form. Do not exceed 125%of the allowable stresses used by the Department for the design of structures. 4.3. Falsework. Design and construct falsework to safely carry the maximum anticipated loads, including wind loads,and to provide the necessary rigidity.Consult AASHTO's Guide Design Specifications for Bridge Temporary Works and Construction Handbook for Bridge Temporary Works for falsework and shoring information not indicated below.Submit details in accordance with Section 420.4.2.,"Plans for Falsework and Forms." Design job-fabricated falsework assuming a weight of 150 pcf for concrete,and include a minimum liveload allowance of 50 psf of horizontal surface of the form. Do not exceed 125%of the allowable stresses used by the Department for the design of structures. Do not exceed the manufacturer's maximum allowable working loads for moment and shear or end reaction for commercially produced structural units used in falsework. Include a minimum liveload allowance of 35 psf of horizontal form surface in determining the maximum allowable working load for commercially produced structural units. Provide timber that is sound, in good condition,and free from defects that would impair its strength. Provide timber that meets or exceeds the species,size,and grade requirements in the submitted falsework plans. Provide wedges made of hardwood or metal in pairs to adjust falsework to desired elevations to ensure even bearing. Do not use wedges to compensate for incorrectly cut bearing surfaces. Use sills or grillages large enough to support the superimposed load without settlement.Take precautions to prevent settling of the supporting material unless the sills or grillages are founded on solid rock,shale,or other hard materials. Place falsework that cannot be founded on a satisfactory spread footing on piling or drilled shafts with enough bearing capacity to support the superimposed load without settlement. Drive falsework piling to the required resistance determined by the applicable formula in Item 404,"Driving Piling." Design drilled shafts for falsework to carry the superimposed load using both skin friction and point bearing. Weld in conformance with Item 448,"Structural Field Welding."Securely brace each falsework bent to provide the stiffness required,and securely fasten the bracing to each pile or column it crosses. Remove falsework when it is no longer required or as indicated on the submitted falsework plan. Pull or cut off foundations for falsework at least 2 ft.below finished ground level.Completely remove falsework,piling, or drilled shafts in a stream, lake,or bay to the approved limits to prevent obstruction to the waterway. 4.4. Forms.Submit formwork plans in accordance with Section 420.4.2.,"Plans for Falsework and Forms." 4.4.1. General. Provide forms of either timber or metal except where otherwise specified or permitted. Design forms for the pressure exerted by a liquid weighing 150 pcf.Take the rate of concrete placement into consideration in determining the depth of the equivalent liquid. Include a minimum liveload allowance of 50 psf of horizontal surface for job-fabricated forms. Do not exceed 125%of the Department's allowable stresses for the design of structures. Do not exceed the manufacturer's maximum allowable working loads for moment and shear or end reaction for commercially produced structural units used for forms. Include a minimum liveload allowance of 35 psf of horizontal form surface in determining the maximum allowable working load for commercially produced structural units. Provide steel forms for round columns unless otherwise approved. Refer to Item 427,"Surface Finishes for Concrete,"for additional requirements for off-the-form finishes. 450 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 Provide commercial form liners for imprinting a pattern or texture on the concrete surface as shown on the plans and specified in Section 427.4.3.5.,"Form Liner Finish." Provide forming systems that are practically mortar-tight,rigidly braced,and strong enough to prevent bulging between supports,and maintain them to the proper line and grade during concrete placement. Maintain forms in a manner that prevents warping and shrinkage. Do not allow offsets at form joints to exceed 1/16 in. Use only material that is inert,non-biodegradable,and nonabsorptive for forms to be left in place. Construct all forms to permit their removal without marring or damaging the concrete.Clean all forms and footing areas of any extraneous matter before placing concrete. Provide openings in forms if needed for the removal of laitance or foreign matter. Treat the facing of all forms with bond-breaking coating of composition that will not discolor or injuriously affect the concrete surface.Take care to prevent coating of the reinforcing steel. Complete all preparatory work before requesting permission to place concrete. Cease placement if the forms show signs of bulging or sagging at any stage of the placement,and remove the portion of the concrete causing this condition immediately as directed. Reset the forms and securely brace them against further movement before continuing the placement. 4.4.2. Timber Forms. Provide properly seasoned,good-quality lumber that is free from imperfections that would affect its strength or impair the finished surface of the concrete. Provide timber or lumber that meets or exceeds the requirements for species and grade in the submitted formwork plans. Maintain forms or form lumber that will be reused so it stays clean and in good condition. Do not use any lumber that is split,warped,bulged,or marred,or that has defects in any way that will produce inferior work. Promptly remove such lumber from the work. Provide form lining for all formed surfaces except: ■ the inside of culvert barrels, inlets,manholes,and box girders; ■ surfaces that are subsequently covered by backfill material or are completely enclosed;and ■ any surface formed by a single finished board or by plywood. Provide form lining of an approved type such as masonite or plywood. Do not provide thin membrane sheeting such as polyethylene sheets for form lining. Use plywood at least 3/4 in.thick. Place the grain of the face plies on plywood forms parallel to the span between the supporting studs or joists unless otherwise indicated on the submitted form drawings. Use plywood for forming surfaces that remain exposed that meets the requirements for B-B Plyform Class I or Class 11 Exterior of the U.S. Department of Commerce Voluntary Product Standard PS 1. Space studs and joists so the facing form material remains in true alignment under the imposed loads. Space wales closely enough to hold forms securely to the designated lines,scabbed at least 4 ft.on each side of joints to provide continuity. Place a row of wales near the bottom of each placement. Place facing material with parallel and square joints,securely fastened to supporting studs. Place forms with the form panels symmetrical(long dimensions set in the same direction)for surfaces exposed to view and receiving only an ordinary surface finish as defined in Section 420.4.13.,"Ordinary Surface Finish." Make horizontal joints continuous. 451 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 Make molding for chamfer strips or other uses of materials of a grade that will not split when nailed and can be maintained to a true line without warping. Dress wood molding on all faces. Fill forms at all sharp corners and edges with triangular chamfer strips measuring 3/4 in.on the sides unless otherwise shown on the plans. Use metal form ties of an approved type or a satisfactory substitute of a type that permits ease of removal of the metal to hold forms in place.Cut back wire ties at least 1/2 in.from the face of the concrete. Use devices to hold metal ties in place that are able to develop the strength of the tie and adjust to allow for proper alignment. Entirely remove metal and wooden spreaders that separate the forms as the concrete is being placed. Provide adequate clean-out openings for narrow walls and other locations where access to the bottom of the forms is not readily attainable. 4.4.3. Metal Forms. Requirements for timber forms regarding design,mortar-tightness,filleted corners,beveled projections,bracing,alignment,removal,reuse,and wetting also apply to metal forms except metal forms do not require lining unless specifically noted on the plans. Use form metal thick enough to maintain the true shape without warping or bulging.Countersink all bolt and rivet heads on the facing sides. Design clamps,pins,or other connecting devices to hold the forms rigidly together and to allow removal without damage to the concrete. Use metal forms that present a smooth surface and line up properly. Keep metal free from rust,grease,and other foreign materials. 4.5. Drains. Install and construct weep holes and roadway drains as shown on the plans. 4.6. Placing Reinforcement and Post-Tensioning. Place reinforcement as provided in Item 440, "Reinforcement for Concrete."Do not weld reinforcing steel supports to other reinforcing steel except where shown on the plans. Place post-tensioning ducts,anchorages,and other hardware in accordance with the approved prestressing details and Item 426,"Post-Tensioning." Keep ducts free of obstructions until all post-tensioning operations are complete. 4.7. Placing Concrete.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. Do not place concrete when impending weather conditions would impair the quality of the finished work. Place concrete in early morning or at night or adjust the placement schedule for more favorable weather when conditions of wind,humidity,and temperature are such that concrete cannot be placed without the potential for weather-related distress. Adequately illuminate the entire placement site as approved when mixing,placing,and finishing concrete in non-daylight hours. Furnish adequate shelter to protect the concrete against damage from rainfall or freezing temperatures as outlined in this Item if changes in weather conditions require protective measures after work starts.Continue operations during rainfall only if approved. Use protective coverings for the material stockpiles.Cover aggregate stockpiles only to the extent necessary to control the moisture conditions in the aggregates. Allow at least 1 curing day after the concrete has achieved initial set before placing strain on projecting reinforcement to prevent damage to the concrete. 4.7.1. Placing Temperature. Place concrete according to the following temperature limits for the classes of concrete defined in Section 421.4.1.,"Classification of Concrete Mix Designs." 452 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 ■ Place Class C, F, H, K,or SS concrete only when its temperature at time of placement is between 50°F and 95°F. Increase the minimum placement temperature to 60°F if slag cement is used in the concrete. ■ Place Class S concrete,used in this Item only as indicated for culvert top slabs,only when its temperature is between 50°F and 85°F. Increase the minimum placement temperature to 60°F if slag cement is used in the concrete. ■ Place Class A, B,and D concrete only when its temperature at the time of placement is greater than 50°F. ■ Place mass concrete in accordance with Section 420.4.7.14.,"Mass Placements,"only when its temperature at the time of placement is between 50°F and 75°F. 4.7.2. Transporting Time. Begin the discharge of concrete delivered in truck mixers within the times listed in Table 14 of Item 421,"Hydraulic Cement Concrete." 4.7.3. Workability of Concrete. Place concrete with a slump as specified in Section 421.4.2.5.,"Slump."Water may be added to the concrete before discharging any concrete from the truck to adjust for low slump provided that the maximum mix design water—cement ratio is not exceeded. Mix concrete in accordance with Section 421.4.6.,"Mixing and Delivering Concrete,"after introduction of any additional water or chemical admixtures. Do not add water or chemical admixtures after any concrete has been discharged. 4.7.4. Transporting Concrete.Transport concrete by buckets,chutes,buggies,belt conveyors,pumps,or other methods. Protect concrete transported by conveyors from sun and wind to prevent loss of slump and workability. Shade or wrap with wet burlap pipes through which concrete is pumped as necessary to prevent loss of slump and workability. Arrange and use chutes,troughs,conveyors,or pipes so the concrete ingredients will not be separated. Terminate such equipment in vertical downspouts when necessary to prevent segregation. Extend open troughs and chutes, if necessary,down inside the forms or through holes left in the forms. Keep all transporting equipment clean and free from hardened concrete coatings. Discharge water used for cleaning clear of the concrete. 4.7.5. Preparation of Surfaces.Thoroughly wet all forms and hardened concrete on which concrete is to be placed before placing concrete on them. Remove any remaining puddles of excess water before placing concrete. Provide surfaces that are in a moist,saturated surface-dry condition when concrete is placed on them. Ensure the subgrade or foundation is moist before placing concrete on grade. Lightly sprinkle the subgrade if dry. 4.7.6. Expansion Joints.Construct joints and devices to provide for expansion and contraction in accordance with plan details. Use light wire or nails to anchor any preformed fiber joint material to the concrete on 1 side of the joint. Ensure finished joints conform to the plan details with the concrete sections completely separated by the specified opening or joint material. Remove all concrete within the joint opening soon after form removal and again where necessary after surface finishing to ensure full effectiveness of the joint. 4.7.7. Construction Joints.A construction joint is the joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set. Monolithic placement means the manner and sequence of concrete placing does not create a construction joint. 453 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 Make construction joints of the type and at the locations shown on the plans.Additional joints in other members are not permitted without approval. Place authorized additional joints using details equivalent to those shown on the plans for joints in similar locations. Make construction joints square and normal to the forms unless otherwise required. Use bulkheads in the forms for all vertical joints. Thoroughly roughen the top surface of a concrete placement terminating at a horizontal construction joint as soon as practical after initial set is attained. Thoroughly clean the hardened concrete surface of all loose material, laitance,dirt,and foreign matter,and saturate it with water. Remove all free water and moisten the surface before concrete or bonding grout is placed against it. Ensure the surface of the existing concrete is in a saturated surface-dry condition(SSD) just before placing subsequent concrete.Wet the existing concrete by ponding water on the surface for 24 hr. before placing subsequent concrete. Use high-pressure water blasting if ponding is not possible to achieve SSD conditions 15 to 30 min.before placing the concrete.An SSD condition is achieved when the surface remains damp when exposed to sunlight for 15 min. Draw forms tight against the existing concrete to avoid mortar loss and offsets at joints. Bonding agents are not required unless indicated otherwise.Coat the joint surface with bonding mortar, grout,epoxy,or other material if a bonding agent is required as indicated on the plans. Provide Type V epoxy per DMS-6100,"Epoxies and Adhesives,"for bonding fresh concrete to hardened concrete. Place the bonding epoxy on a clean,dry surface,and place the fresh concrete while the epoxy is still tacky. Place bonding mortar or grout on a surface that is SSD,and place the concrete before the bonding mortar or grout dries. Place other bonding agents in accordance with the manufacturer's recommendations. 4.7.8. Handling and Placing. Minimize segregation of the concrete and displacement of the reinforcement when handling and placing concrete. Produce a uniform,dense compact mass. Ensure concrete free-falls no more than 5 ft.except in the case of drilled shafts,thin walls such as in culverts,or as allowed by other Items. Remove any hardened concrete splatter ahead of the plastic concrete. Fill each part of the forms by depositing concrete as near its final position as possible. Do not deposit large quantities of concrete at 1 point and run or move the concrete along to fill the forms. Deposit concrete in the forms in layers of suitable depth but no more than 36 in.deep unless otherwise permitted. Avoid cold joints in a monolithic placement.Sequence successive layers or adjacent portions of concrete so they can be vibrated into a homogeneous mass with the previously placed concrete before it sets.Allow no more than 1 hr.to elapse between adjacent or successive placements of concrete when re-vibration of the concrete is shown on the plans except as otherwise allowed by an approved placing procedure.This time limit may be extended by 1/2 hr. if the concrete contains at least the minimum recommended dosage of a Type B or D admixture. 4.7.9. Consolidation.Carefully consolidate concrete and flush mortar to the form surfaces with immersion type vibrators. Do not use vibrators that operate by attachment to forms or reinforcement except where approved on steel forms. Vibrate the concrete immediately after deposit.Systematically space points of vibration to ensure complete consolidation and thorough working of the concrete around the reinforcement,embedded fixtures,and into the corners and angles of the forms. Insert the vibrators vertically where possible.Vibrate the entire depth of each lift,allowing the vibrator to penetrate several inches into the preceding lift. Do not use the vibrator to move the concrete to other locations in the forms. Do not drag the vibrator through the concrete.Thoroughly consolidate concrete along construction joints by operating the vibrator along and close to but not against the joint surface.Continue the vibration until the concrete surrounding reinforcements and fixtures is completely 454 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 consolidated. Hand-spade or rod the concrete if necessary to ensure flushing of mortar to the surface of all forms. 4.7.10. Installation of Dowels and Anchor Bolts. Install dowels and anchor bolts by casting them in-place or by grouting with grout,epoxy,or epoxy mortar unless noted otherwise. Form or drill holes for grouting. Follow the manufacturer's recommended installation procedures for pre-packaged grout or epoxy anchor systems. Test anchors if required on the plans or by other Items. Drill holes for anchor bolts to accommodate the bolt embedment required by the plans. Make holes for dowels at least 12 in.deep unless otherwise shown on the plans. Make the hole diameter at least twice the dowel or bolt diameter,but not exceeding the dowel or bolt diameter plus 1-1/2 in.when using cementitious grout or epoxy mortar. Make the hole diameter 1/16 to 1/4 in.greater than the dowel or bolt diameter when using neat epoxy unless indicated otherwise by the epoxy manufacturer. Thoroughly clean holes of all loose material,oil,grease,or other bond-breaking substance,and blow them clean with filtered compressed air. Use a wire brush followed by oil-free compressed air to remove all loose material from the holes,repeating as necessary until no more material is removed. Ensure holes are in a surface-dry condition when epoxy type materials are used and in a surface-moist condition when cementitious grout is used. Develop and demonstrate for approval a procedure for cleaning and preparing the holes for installation of the dowels and anchor bolts.Completely fill the void between the hole and dowel or bolt with grouting material. Follow exactly the requirements for cleaning outlined in the product specifications for pre-packaged systems. Provide hydraulic cement grout for cast-in-place or grouted systems in accordance with DMS-4675, "Cementitious Grouts and Mortars for Miscellaneous Applications." Provide a Type III epoxy per DMS-6100, "Epoxies and Adhesives,"when neat epoxy is used for anchor bolts or dowels. Provide Type VIII epoxy per DMS-6100,"Epoxies and Adhesives,"when an epoxy grout is used. Provide grout,epoxy,or epoxy mortar as the binding agent unless otherwise indicated on the plans. Provide other anchor systems as required on the plans. 4.7.11. Placing Concrete in Cold Weather. Protect concrete placed under weather conditions where weather may adversely affect results. Permission given by the Engineer for placing during cold weather does not relieve the Contractor of responsibility for producing concrete equal in quality to that placed under normal conditions. Remove and replace concrete as directed at the Contractor's expense if it is determined unsatisfactory due to poor conditions. Do not place concrete in contact with any material coated with frost or with a temperature of 32°F or lower. Do not place concrete when the ambient temperature in the shade is below 40°F and falling unless approved. Place concrete when the ambient temperature in the shade is at least 35°F and rising or above 40°F. Provide and install recording thermometers,maturity meters,or other suitable temperature measuring devices to verify all concrete is effectively protected as follows: ■ Maintain the temperature at all surfaces of concrete in bents,piers,culvert walls,retaining walls, parapets,wingwalls,top slabs of non-direct traffic culverts,and other similar formed concrete at or above 40°F for 72 hr.from the time of placement. ■ Maintain the temperature of all other concrete, including the bottom slabs(footings)of culverts,placed on or in the ground above 32°F for 72 hr.from the time of placement. Use additional covering, insulated forms,or other means and, if necessary,supplement the covering with artificial heating.Avoid applying heat directly to concrete surfaces.Cure as specified in Section 420.4.10., "Curing Concrete,"during this period until all requirements for curing have been satisfied. Have all necessary heating and covering material ready for use before permission is granted to begin placement when impending weather conditions indicate the possible need for temperature protection. 455 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 4.7.12. Placing Concrete in Hot Weather. Keep the concrete at or below the maximum temperature at time of placement as specified in Section 420.4.7.1.,"Placing Temperature."Sprinkle and shade aggregate stockpiles or use ice, liquid nitrogen systems,or other approved methods as necessary to control the concrete temperature. 4.7.13. Placing Concrete in Water. Deposit concrete in water only when shown on the plans or with approval. Make forms or cofferdams tight enough to prevent any water current passing through the space in which the concrete is being deposited. Do not pump water during the concrete placing or until the concrete has set for at least 36 hr. Place the concrete with a tremie or pump,or use another approved method,and do not allow it to fall freely through the water or disturb it after it is placed. Keep the concrete surface level during placement. Support the tremie or operate the pump so it can be easily moved horizontally to cover all the work area and vertically to control the concrete flow.Submerge the lower end of the tremie or pump hose in the concrete at all times. Use continuous placing operations until the work is complete. Design the concrete mix in accordance with Item 421,"Hydraulic Cement Concrete,"with a minimum cement content of 650 Ib.per cubic yard for concrete to be placed under water. Include an anti-washout admixture in the mix design as necessary to produce a satisfactory finished product. 4.7.14. Mass Placements. Develop and obtain approval for a heat control plan for monolithic placements designated on the plans as mass concrete to ensure the following during the heat dissipation period: ■ the temperature differential between the central core of the placement and the exposed concrete surface does not exceed 35°F and ■ the temperature at the central core of the placement does not exceed 160°F. Use the ConcreteWorks©software available from the Department,or another approved method based on the guidelines in ACI 207,"Mass Concrete,"to develop the heat control plan.The Department will make available technical assistance on the use of ConcreteWorks©. Develop the heat control plan using historical temperature ranges for the anticipated time of the mass placement. Re-create the plan if the work schedule shifts by more than one month. The heat control plan may include a combination of the following elements: ■ selection of concrete ingredients including aggregates,gradation,and cement types,to minimize heat of hydration; ■ use of ice or other concrete cooling ingredients; ■ use of liquid nitrogen dosing systems; ■ controlling rate or time of concrete placement; ■ use of insulation or supplemental external heat to control heat loss; ■ use of supplementary cementing materials; ■ use of a cooling system to control the core temperature;or ■ vary the duration formwork remains in place. Furnish and install 2 pairs of temperature recording devices,maturity meters,or other approved equivalent devices. Install devices to measure the surface temperature no more than 3 in.from the surface. Install devices to measure the core temperature a distance of half the least dimension from the nearest surface near the point of maximum predicted heat. Use these devices to simultaneously measure the temperature of the concrete at the core and the surface. Maintain temperature control methods for 4 days unless otherwise approved based on the submitted heat control plan. Do not use maturity meters to predict strength of mass concrete. Revise the heat control plan as necessary to maintain the temperature limitations shown above. If the core temperature exceeds 160°F,the mass concrete element will be subject to review and acceptance by the Engineer using forensic analyses to determine its potential reduction in service life or performance. Proceed with subsequent construction on the affected element only when notified regarding acceptance. 456 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 Repair any resulting cracking if the temperature differential between the central core of the placement and the nearest concrete surface exceeds 35°F at no expense to the Department and revise the heat control plan as necessary to prevent further occurrences. 4.7.15. Placing Concrete in Foundation and Substructure. Do not place concrete in footings until the depth and character of the foundation has been inspected and permission has been given to proceed. Place concrete footings upon seal concrete after the cofferdams are free from water and the seal concrete is cleaned. Perform any necessary pumping or bailing during the concreting from a suitable sump located outside the forms. Construct or adjust all temporary wales or braces inside cofferdams as the work proceeds to prevent unauthorized construction joints. Omit forms when footings can be placed in a dry excavation without the use of cofferdams, if approved,and fill the entire excavation with concrete to the elevation of the top of footing. Place concrete in columns monolithically between construction joints unless otherwise directed.Columns and caps or tie beams supported on them may be placed in the same operation or separately.Allow for settlement and shrinkage of the column concrete, if placed in the same operation,by placing it to the lower level of the cap or tie beam,and delay placement between 1 and 2 hr.before proceeding with the cap or tie beam placement. 4.7.16. Placing Concrete in Box Culverts.Allow between 1 and 2 hr.to elapse where the top slab and walls are placed monolithically in culverts more than 4 ft. in clear height before placing the top slab to allow for settlement and shrinkage in the wall concrete. Accurately finish the footing slab at the proper time to provide a smooth uniform surface. Finish top slabs that carry direct traffic as specified in Item 422,"Concrete Superstructures."Give top slabs of fill type culverts a float finish. 4.8. Extending Existing Substructures.Verify pertinent dimensions and elevations of the existing structure before ordering any required materials. 4.8.1. Removal. Remove portions of the existing structure to the lines and dimensions shown on the plans or as directed. Dispose of these materials as shown on the plans or as directed. Repair any portion of the remaining structure damaged as a result of the construction. Do not use explosives to remove portions of the existing structure unless approved in writing. Do not use a demolition ball,other swinging weight,or impact equipment unless shown on the plans. Use pneumatic or hydraulic tools for final removal of concrete at the"break" line. Use removal equipment,as approved that will not damage the remaining concrete. 4.8.2. Reuse of Removed Portions of Structure. Detach and remove all portions of the old structure that are to be incorporated into the extended structure to the lines and details as specified on the plans or as directed. Move the unit to be reused to the new location specified using approved methods. Place the reinforcement and extension concrete according to the plan details. 4.8.3. Splicing Reinforcing Steel.Splice new reinforcing bars to exposed bars in the existing structure using lap splices in accordance with Item 440,"Reinforcement for Concrete,"unless otherwise shown on the plans. The new reinforcing steel does not need to be tied to the existing steel where spacing or elevation does not match that of the existing steel provided the lap length is attained.Weld in accordance with Item 448, "Structural Field Welding,"when welded splices are permitted. Install any required dowels in accordance with Section 420.4.7.10.,"Installation of Dowels and Anchor Bolts." 4.8.4. Concrete Preparation. Roughen and clean concrete surfaces that are in contact with new construction before placing forms. Prepare these construction joint surfaces in accordance with Section 420.4.7.7., "Construction Joints." 457 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 4.9. Treatment and Finishing of Horizontal Surfaces.Strike off to grade and finish all unformed upper surfaces. Do not use mortar topping for surfaces constructed under this Section. Float the surface with a suitable float after the concrete has been struck off. Slope the tops of caps and piers between bearing areas from the center slightly toward the edge,and slope the tops of abutment and transition bent caps from the backwall to the edge,as directed,so water drains from the surface.Give the concrete a smooth trowel finish.Construct bearing areas for steel units in accordance with Section 441.3.11.6.,"Bearing and Anchorage Devices."Give the bearing area under the expansion ends of concrete slabs and slab and girder spans a steel-trowel finish to the exact grades required.Give bearing areas under elastomeric bearing pads or nonreinforced bearing seat buildups a textured,wood float finish.Do not allow the bearing area to vary from a level plane more than 1/16 in. in all directions. Cast bearing seat buildups or pedestals for concrete units integrally with the cap or a construction joint. Provide a latex-based mortar,an epoxy mortar,or an approved proprietary bearing mortar for bearing seat buildups cast with a construction joint. Mix mortars in accordance with the manufacturer's recommendations. Construct pedestals of Class C concrete,reinforced as shown on the plans or as indicated in Figure 1 and Figure 2.The Engineer of Record will design pedestals higher than 12 in. Nonreinforced Reinforced Pedestal Bearing Seat for Heights Greater Build-up than 3" Minimum 1 1/2" #4 Bars Maximum 3" at CC Beam —Permissible Construction Joint Figure 1 Section through Bearing Seat Buildups 458 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 Nonreinforced ~� � � Reinforced Bearing Seat I I Build–up I I Por Heights — Greater than 3" Figure 2 Plan View of Bearing Seat Buildups 4.10. Curing Concrete.Obtain approval of the proposed curing methods,equipment,and materials before placing concrete.The Engineer may require the same curing methods for like portions of a single structure. Inadequate curing or facilities may delay all concrete placements on the job until remedial action is taken. A curing day is a calendar day when the temperature,taken in the shade away from artificial heat, is above 50°F for at least 19 hr.or,on colder days if the temperature of all surfaces of the concrete is maintained above 40°F,for the entire 24 hr.The required curing period begins when all concrete has attained its initial set unless indicated otherwise.Tex-440-A may be used to determine when the concrete has attained its initial set. Cure all concrete for4 consecutive days except as allowed for the curing options listed below. Use form or membrane curing for vertical surfaces unless otherwise approved. Use only water curing for horizontal surfaces of HPC or mass concrete. Use water or membrane curing for horizontal or unformed surfaces for all other concrete. Use one of the following curing options for vertical surfaces,unless indicated otherwise. ■ Form cure for 48 hr.after placement. ■ Form cure for 12 hr.after placement followed by membrane curing. ■ For HPC Concrete,form cure for 48 hr.after placement followed by membrane curing. ■ For mass concrete,form cure as required by the heat control plan followed by membrane curing if forms are removed before 4 days. Apply membrane curing, if used,within 2 hr.of form removal. Use only water curing in accordance with this Section for the top surface of any concrete unit upon which concrete is to be placed and bonded at a later interval(stub walls,caps with backwalls,risers,etc.). Cure all other concrete as specified in the pertinent Items. Use the following methods for curing concrete, subject to the requirements of this Item. 4.10.1. Form Curing.When forms are left in intimate contact with the concrete,other curing methods are not required except for exposed surfaces and for cold weather protection. Use another approved curing method if forms are removed before the 4-day required curing period. 459 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 4.10.2. Water Curing. Keep all exposed surfaces of the concrete wet continuously for the required curing time. Use water curing in accordance with concrete mixing water in Section 421.2.5.,"Water."Do not use seawater or water that stains or leaves an unsightly residue. 4.10.2.1. Blankets. Keep the concrete continuously wet by maintaining wet cotton or burlap mats in direct contact with the concrete for the required curing time.Weight the mats adequately to provide continuous contact with all concrete.Cover surfaces that cannot be cured by direct contact with mats,forming an enclosure well anchored to the forms or ground so outside air cannot enter the enclosure. Provide sufficient moisture inside the enclosure to keep all surfaces of the concrete wet. 4.10.2.2. Water Spray.Overlap sprays or sprinklers to keep all unformed surfaces continuously wet. 4.10.2.3. Ponding.Cover the surfaces with at least 2 in.of clean granular material,kept wet at all times,or at least 1 in.deep water. Use a dam to retain the water or saturated granular material. 4.10.3. Membrane Curing.Choose either Type 1-D or Type 2 membrane-curing compound unless otherwise shown on the plans. Use the same type of curing compound on an individual member. Apply membrane curing just after free moisture has disappeared at a rate of approximately 180 sq.ft.per gallon. Do not spray curing compound on projecting reinforcing steel or concrete that will later form a construction joint. Do not apply membrane curing to dry surfaces. Dampen formed surfaces and surfaces that have been given a first rub so they are moist at the time of application of the membrane. Leave the film unbroken for the minimum curing period specified when membrane is used for complete curing.Correct damaged membrane immediately by reapplication of membrane. Polyethylene sheeting, burlap-polyethylene mats,or laminated mats in close contact with the concrete surfaces are equivalent to membrane curing. 4.11. Removal of Forms and Falsework. Remove forms for vertical surfaces after the concrete has aged a minimum of 12 hr.after initial set provided the removal can be done without damage to the concrete unless otherwise directed. Keep forms for mass placements in place for 4 days following concrete placement unless otherwise approved based on the outcome of the heat control plan outlined in Section 420.4.7.14.,"Mass Placements." Leave in place weight-supporting forms and falsework spanning more than 1 ft.for all bridge components and culvert slabs except as directed otherwise until the concrete has attained a compressive strength of 2,500 psi. Remove forms for other structural components as necessary. Remove inside forms(walls and top slabs)for box culverts and sewers after concrete has attained a compressive strength of 1,800 psi if an approved overhead support system is used to transfer the weight of the top slab to the walls of the box culvert or sewer before removal of the support provided by the forms. Forms or parts of forms may be removed only if constructed to permit removal without disturbing forms or falsework required to be left in place for a longer period on other portions of the structure. Remove all metal appliances used inside forms for alignment to a depth of at least 1/2 in.from the concrete surface. Make the appliances so metal may be removed without undue chipping or spalling of the concrete, and so it leaves a smooth opening in the concrete surface when removed. Do not burn off rods,bolts,or ties. Remove all forms and falsework unless otherwise directed. 4.12. Defective Work. Repair defective work as soon as possible.Remove and replace at the expense of the Contractor any defect that cannot be repaired to the satisfaction of the Engineer. 4.13. Ordinary Surface Finish.Apply an ordinary surface finish to all concrete surfaces. Provide flat or textured surfaces as specified with uniform appearance.Address defects and surface irregularities not consistent with the intent of the expected finish by the following: 460 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 ■ Chip away all loose or broken material to sound concrete where porous,spalled,or honeycombed areas are visible after form removal. ■ Repair spalls in accordance with the procedures outlined in the Concrete Repair Manual available on the Department's website. ■ Clean and fill holes or spalls caused by the removal of form ties,etc.,with latex grout,cement grout,or epoxy grout as approved. Fill only the holes. Do not blend the patch with the surrounding concrete.On surfaces to receive a rub finish in accordance with Item 427,"Surface Finishes for Concrete,"chip out exposed parts of metals chairs to a depth of 1/2 in.and repair the surface. ■ Remove all fins,rust staining,runs,drips,or mortar from surfaces that will be exposed.Smooth all form marks and chamfer edges by grinding or dry-rubbing. ■ Ensure all repairs are dense,well-bonded,and properly cured. Finish exposed large repairs to blend with the surrounding concrete where a higher class of finish is not specified. Apply an ordinary surface finish as the final finish to the following exposed surfaces unless noted otherwise: ■ inside and top of inlets, ■ inside and top of manholes, ■ inside of sewer appurtenances,and ■ inside of culvert barrels. Form marks and chamfer edges do not need to be smoothed for the inside of culvert barrels. 5. MEASUREMENT This Item will be measured by the cubic yard,square yard,foot,square foot,or by each structure. 5.1. General.Concrete quantities will be based on the dimensions shown on the plans or those established in writing by the Engineer. In determining quantities,no deductions will be made for chamfers less than 2 in.or for embedded portions of steel or prestressed concrete beams,piling,anchor bolts,reinforcing steel,drains,weep holes,junction boxes,electrical or telephone conduit,ducts and voids for prestressed tendons,or embedded portions of light fixtures. Variation in concrete headwall quantity incurred when an alternate bid for pipe is permitted will not be cause for payment adjustment. Quantities revised by a change in design, measured as specified,will be increased or decreased and included for payment. 5.2. Plans Quantity.Structure elements designated in Table 1 and measured by the cubic yard are plans quantity measurement items.The quantity to be paid for plans quantity items is the quantity shown in the proposal unless modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. No adjustment will be made for footings or other in-ground elements where the Contractor has been allowed to place concrete in an excavation without forms. 461 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 420 Table 1 Plans Quantity Payment Cubic Yard Measurement Only) Culverts and culvert wing walls Abutments Headwalls for pipe Footings Retaining walls Pile bent caps Inlets and manholes Post-tensioned elements Note—Other elements,including pier and bent concrete,may be paid for as"plans quantity" when shown on the plans. 5.3. Measured in Place. Items not paid for as"plans quantity"will be measured in place. 6. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for the class of concrete and element identified and by the special designation when appropriate.This price is full compensation for furnishing,hauling,and mixing concrete materials;furnishing,bending,fabricating,splicing,welding and placing the required reinforcement; clips,blocks,metal spacers,ties,wire,or other materials used for fastening reinforcement in place; furnishing,placing,and stressing post-tensioning system;placing,finishing,and curing concrete;mass placement controls;applying ordinary surface finish;furnishing and placing drains,metal flashing strips,and expansion-joint material;excavation,subgrade preparation;and forms and falsework,equipment,labor, tools,and incidentals. Price will be adjusted in accordance with Article 421.6.,"Measurement and Payment"when required to address non-compliance of project acceptance testing. Design and installation of foundations for falsework is at the Contractor's expense. In addition to the work described above,for extending structures the unit prices bid for the various classifications of concrete shown are full compensation for removing and disposing of, if necessary,the designated portion of the existing structure;removing,stockpiling if necessary,and replacing headwall units for reuse;cleaning,bending,and cutting of exposed reinforcing steel;splicing of new reinforcing steel to existing reinforcing steel; installation of dowels;and cleaning and preparing existing concrete surfaces. 462 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 100008-T 423 Item 423 (Reference Specification) Retaining Walls 1. DESCRIPTION Furnish,construct,and install retaining walls. 2. MATERIALS 2.1. General.Furnish materials in accordance with the following: ■ Item 420,"Concrete Substructures," ■ Item 421,"Hydraulic Cement Concrete," ■ Item 440,"Reinforcement for Concrete," ■ Item 445,"Galvanizing," ■ Item 458,"Waterproofing Membranes for Structures,"and ■ Item 556,"Pipe Underdrains." Use concrete for retaining walls that conforms to the requirements of Table 1 unless otherwise shown on the plans. Table 1 Concrete for Retainin Walls Application Concrete Cast-in-place,non-reinforced Class A Cast-in-place,reinforced Class C Precast Class H,fc=4,000 psi Furnish concrete for machine-made concrete block units in accordance with ASTM C90,Class 1,Type 11, except the minimum 28-day compressive strength must be 4,000 psi with maximum moisture absorption of 7%. Provide Type 1 filter fabric in accordance with DMS-6200,"Filter Fabric."Provide filter fabric rated as UV- resistant when used as part of the exposed facing for a temporary wall. Joint fillers,pads,waterstops,and other incidental materials must be as shown on the plans or approved by the Engineer. Epoxy coat all steel used in concrete panels and coping including connectors,dowels,stirrups,and reinforcing steel when the plans call for epoxy coating of steel earth reinforcements. 2.2. Definitions.This Item uses the following terms: ■ Permanent Wall.A retaining wall with a design service life of 75 years.All walls are presumed to be permanent walls unless otherwise specified on the plans. ■ Temporary Wall.A retaining wall so designated by description,with a design service life of 3 years. ■ Mechanically Stabilized Earth(MSE)Wall.A wall consisting of a volume of select backfill with tensile earth reinforcement elements distributed throughout.Permanent MSE walls use a precast concrete panel as a facing element.Temporary MSE walls use welded wire fabric with filter fabric backing as a facing element. ■ Concrete Block Wall.A retaining wall that uses machine-made,precast concrete block units as facing elements.The walls may use a volume of select fill with tensile earth reinforcements distributed throughout,or may use only the facing unit and unit fill weight for support. 495 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 423 2.3. Fabrication. 2.3.1. Cast-in-Place.Meet Item 420,"Concrete Substructures." 2.3.2. Formed Precast.Meet Item 424,"Precast Concrete Structural Members(Fabrication)." 2.3.3. Machine-Made Precast.Furnish machine-made concrete block units in accordance with ASTM C90, sampled and tested in accordance with ASTM C140.Furnish units with molded dimensions within 1/8 in.of specified dimensions,except height must be within 1/16 in. 2.4. Backfill. 2.4.1. Non-Select.Furnish non-select backfill for walls other than temporary and permanent MSE and concrete block walls as indicated on the plans.Non-select fill will meet Item 132,"Embankment,"of the type specified on the plans.Provide material with a maximum plasticity index of 30 if no type is specified as determined by Tex-106-E. 2.4.2. Select.Select backfill is required in specific areas of permanent and temporary MSE and concrete block-type retaining walls.Provide select backfill that is free from organic or otherwise deleterious materials and that conforms to the gradation limits shown in Table 2 as determined by Tex-401-A. Provide backfill that does not contain shale,caliche,or other soft,poor-durability coarse aggregate particles. Reclaimed Asphalt Pavement(RAP)is not allowed.Crushed Concrete or manufactured sand is allowed for temporary walls with a service life of 3 years or less.Test each source of backfill for durability/soundness using Tex-411-A,5-cycle magnesium sulfate soundness.Backfill material with a maximum 5-cycle soundness loss exceeding 25%will be rejected.Alternately,Tex-461-A,Micro-Deva)abrasion may be used if the corresponding results show loss is not greater than 20%,otherwise Tex-41 1-Agoverns aggregate verification. Type AS, BS,and DS particles larger than 1/4 in.must be angular or completely crushed.Provide mechanically crushed gravel or stone backfill.Gravel from each aggregate source will have a minimum of 95%two or more mechanically induced crushed faces,as Tex-460-A,Part I determines.Rounded rock or rounded gravel is not allowed.Natural sand meeting the requirements of this Section is permitted for use. Table 2 Select Backfill Gradation Limits Type Sieve Size Percent Retained 3" 0 1/2" 50-100 AS #4 See Note #40 85-100 #200 95-100 3" 0 BS #4 See Note #40 40-100 #200 85-100 3" 0 CS #4 See Note #200 75-100 3" 0 DS 3/8" 85-100 #200 95-100 Note—Use No.4 sieve for determination of rock backfill as described in this main paragraph, "Backfill." When the backfill gradation results in 85%or more material retained on the No.4 sieve,the backfill will be considered rock backfill.All Type DS backfill is considered rock backfill. 496 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 423 In addition to the requirements for Type CS select fill,the fraction finer than the No.200 sieve must have a Plasticity Index(PI)in accordance with Tex-106-E not greater than 6. Furnish Type BS backfill for permanent walls;Type CS backfill for temporary walls;and Type DS backfill for areas of walls subject to inundation unless otherwise shown on the plans,or below the 100-year flood elevation as noted on the plans. Furnish backfill meeting the requirements of this Section but with a maximum particle size of 3/4 in.when nonmetallic or epoxy coated earth reinforcements are used. 2.4.3. Drainage Aggregate.Use drainage aggregate to fill the void within concrete block units and in the zone 1 ft. behind the units. Provide drainage aggregate that is free from organic or otherwise deleterious materials and that conforms to the gradation limits in Table 3 as Tex-1 10-E determines. Table 3 Drainage Aggregate Gradation Limits Sieve Size Percent Retained 1" 0 3/4" 25-50 1/2" 50-100 #4 75-100 2.4.4. Cement-Stabilized Backfill.Use cement-stabilized backfill when required or as approved.Stabilize Type CS backfill with 5%hydraulic cement by dry weight of the backfill material.Use a stationary plant to thoroughly mix the backfill material,cement,and water.Place and compact the backfill within 2 hours of mixing.Provide special drainage provisions when cement-stabilized backfill is used,as shown on the plans. 2.4.5. Electrochemical.Provide backfill meeting the following additional requirements for permanent retaining wall systems using galvanized metallic earth reinforcements: ■ The pH is between 5.5 and 10.0 as Tex-128-E determines. ■ Resistivity is more than 3,000 ohm-cm as Tex-129-E determines. ■ Material with resistivity between 1,500 and 3,000 ohm-cm may be used if the chloride content is less than 100 ppm and the sulfate content is less than 200 ppm as Tex-620-J determines. Perform electrochemical testing on the raw,unstabilized backfill material when cement-stabilized backfill is used. 2.5. Earth Reinforcements.Furnish earth reinforcements that meet the design requirements.Galvanize or epoxy coat all steel elements for permanent walls in contact with soil.Epoxy coat in accordance with Item 440,"Reinforcement for Concrete,"except provide a minimum 18-mil coating thickness.Epoxy coat the reinforcing only when shown on the plans or as approved.Use connection hardware that is likewise nonmetallic or epoxy coated when using nonmetallic or epoxy coated earth reinforcements. 3. CONSTRUCTION 3.1. General.Construct retaining walls in accordance with details shown on the plans,on the approved working drawings,and to the pertinent requirements of the following Items: ■ Item 110,"Excavation" ■ Item 132,"Embankment' ■ Item 400,"Excavation and Backfill for Structures" ■ Item 420,"Concrete Substructures" ■ Item 458,"Waterproofing Membranes for Structures" ■ Item 556,"Pipe Underdrains" Construct required piling or drilled shafts in accordance with the pertinent specification. 497 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 423 3.2. Options.When optional design details are shown on the plans,the Contractor is required to use the same facing design within an area of continuous retaining walls. Provide drawings for review indicating the proposed design arrangement when proposing the use of 2 or more systems. 3.3. Working Drawings.When proprietary wall systems are used for permanent or temporary walls,submit casting drawings,construction drawings,and design calculations bearing the seal of a licensed professional engineer for review and approval following the Department's Guide to Electronic Shop Drawing Submittal process.Upon completion of construction,submit a set of reproducible as-built drawings. 3.3.1. Casting Drawings.Include all information necessary for casting wall elements,including railing and coping when prefabricated.Show shape and dimensions of panels;size,quantity,and details of the reinforcing steel;quantity,type,size,and details of connection and lifting hardware;and additional necessary details. 3.3.2. Construction Drawings.Include a numbered panel layout showing horizontal and vertical alignment of the walls as well as the existing and proposed groundlines. Include all information needed to erect the walls, including the proposed leveling pad elevations;the type and details of the soil reinforcing system(if applicable);the details and manufacturer of all pads,fillers,and filter fabric;the limits and dimensions of structural backfill;details necessary to incorporate coping,railing,inlets,drainage,and electrical conduit;and additional necessary details. Leveling pad elevations may vary from the elevations shown on the plans.Provide at least 1 ft.of cover from the top of the leveling pad to finish grade unless a different minimum cover or a specified minimum leveling pad elevation is shown. 3.3.3. Design Calculations. Include calculations covering the range of heights and loading conditions on the project.Calculations for both internal and external stability as described on the plans will be required. Include a summary of all design parameters used;material types,strength values,and assumed allowables;loads and loading combinations;and factor-of-safety parameters. 3.4. Permanent MSE Walls.Grade the foundation for the structure level to a width equal or exceeding the length of the reinforcing system.Perform proof rolling on retaining wall foundation area to identify any loose,soft,or unsuitable materials in accordance with Item 216,"Proof Rolling."Material not meeting a maximum rut depth of 1 in.per pass of pneumatic tire roller should continue to be rolled or removed and replaced with suitable material.Pneumatic tire rolling will be waived for portions of wall with a reinforcement length of 8';for these conditions proof rolling will be required with a smooth-wheeled vibratory roller or other approved roller. Place drilled shafts and piling located within the MSE volume before construction of the wall.Place any required pipe underdrain before construction of the wall.Complete MSE wall construction before construction of abutment caps and abutment wing walls.Completion of walls and abutment should be in conjunction with project phasing or to allow for completion of walls that meets the proper placement and compaction at abutments. Place the concrete leveling pad as shown on the construction drawings.Provide a wood float finish,and wait a minimum of 24 hr.before beginning panel erection.No curing or strength testing of the leveling pad concrete is required. Shim the first row of panels as necessary to achieve correct alignment.Use plastic shims or other material that will not deteriorate. Remove and replace the leveling pad or provide a grout level-up as directed if the required shim height exceeds 1 in. Place filter fabric behind the wall along the joint between the leveling pad and the panels.Grout areas where filter fabric spans more than 6 in.at leveling pad steps. 498 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 423 Place and compact fill material over the leveling pad to an elevation even with or above the surrounding ground after backfilling the first row of panels.Do not allow water to accumulate and stand at the base of the wall. Place filter fabric behind all wall joints and at the intersection of retaining walls with other structures, including riprap.Coverjoints at least 6 in.on each side and use adhesive to hold the filter fabric in place. Exercise care while lifting,setting,and aligning panels to prevent damage to the panels.Discontinue any operation that results in chipping,spalling,or cracking of panels.Remove and replace damaged panels,or repair as approved by the Engineer. Provide external bracing for the initial row of panels.Use wooden wedges,clamps,or other means necessary to maintain position and stability of panels during placement and compaction of backfill.Remove wooden wedges as soon as the panel or coping above the wedged element is erected and backfilled. Remove all wedges after completing the wall. Review plumbness and position of each row of panels before placing the subsequent row.Remove and rebuild any portion of the wall that is out of tolerance.Modify panel batter and bracing,and backfill material, placement,and compaction methods as required to maintain wall tolerances. Construct walls to a local vertical and horizontal alignment tolerance of 3/4 in.when measured along a 10-ft. straightedge relative to vertical and horizontal wall control line.Construct walls to an overall vertical tolerance (plumbness from top to bottom)of 1/2 in.per 10 ft.of wall height.Construct walls so the maximum offset at any panel joint is between 3/8 in.and 3/4 in.and no joint is open to the extent the filter fabric is visible from the front of the wall. Place backfill to closely follow the erection of each row of panels.Place the select and embankment backfill to the same elevation where possible,and operate the compaction equipment over the interface. Do not create a continuous,distinct,vertical joint between the select and embankment backfill.Complete the embankment after construction of the retaining wall. Maintain the stability of the interface area between the existing ground and the select fill when building a wall against existing ground.Remove and recompact any material that loosens,caves,or fails. Compact backfill to provide at least 95%of density determined in accordance with Tex-114-E. Field density determination will be made in accordance with Tex-115-E. Sprinkle backfill as required to ensure adequate uniformly distributed moisture in each lift before and during compaction.Place fill in lifts of 8 in.or less(loose measurement). Place fill in a manner that avoids segregation of the fill.Decrease the lift thickness if necessary to obtain the required compaction.Use hand- operated or walk-behind compaction equipment in the 3 ft.wide strip adjacent to the wall panels.Do not displace panels or distort or damage the reinforcement system during compaction.Modify backfill material, placement,and compaction methods as necessary to meet density requirements while maintaining wall tolerances. Place rock backfill or material the Engineer determines too coarse for density testing in accordance with Section 132.3.4.1.,"Ordinary Compaction." Place and compact the backfill to the reinforcement level,at each earth reinforcement level,before placing the reinforcement.Place earth reinforcements perpendicular to the face of the wall.Remove slack in connections before placing backfill.Pre-tension each layer of reinforcement to remove slack before placing backfill for systems using nonmetallic earth reinforcements.Use devices capable of mechanically applying and holding the required force.Do not operate tracked equipment directly on any reinforcement. Cover the rock backfill with filter fabric before placing the 2 ft.of backfill immediately below the pavement structure or top of wall when rock backfill is used.Overlap the fabric at least 18 in.at splices,and extend it past the edge of the rock backfill at least 18 in. Use backfill that contains sufficient fines to fill the voids in a 499 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 423 compacted state above the filter fabric.Place a horizontal layer of filter fabric as noted above when transitioning from rock backfill to finer grained backfill anywhere within the wall volume. Prevent surface water or rainwater from damaging the retaining walls during construction.Shape the backfill to prevent water from ponding or flowing on the backfill or against the wall face.Remove and replace any portion of the retaining wall damaged or moved out of tolerance by erosion,sloughing,or saturation of the retaining wall or embankment backfill. 3.5. Temporary MSE Walls.Provide a facing system rigid enough to maintain a smooth and straight wall face both during and after construction. Grade and compact the foundation for the structure as described in Section 423.3.4.,"Permanent MSE Walls." Place earth reinforcement and facing system in accordance with the approved working drawings.Backfill the 2-ft.zone immediately behind the facing with clean,coarse rock meeting the requirements of Coarse Aggregate Grade 1,2,or 3 of Item 421,"Hydraulic Cement Concrete,"or of Type DS backfill as described in Section 423.2.4.2.,"Select."Cement-stabilized backfill as described in Section 423.2.4.4.,"Cement- Stabilized Backfill,"may be used in place of the coarse rock. Place and compact backfill in accordance with Section 423.3.4.,"Permanent MSE Walls." Construct walls to a vertical and horizontal alignment tolerance of 3 in.when measured along a 10-ft. straightedge.Construct walls to an overall vertical tolerance(plumbness from top to bottom)of 2 in.per 10 ft. of wall height. Place adjacent facing elements so the maximum out-of-plane offset at any facing element joint is less than 1 in.Place facing elements and filter fabric with no gaps in the facing or fabric. Prevent surface water or rainwater from damaging the retaining walls during and after construction.Place temporary berms or curbs,shape the backfill,or use other approved methods to prevent water from flowing against or over the wall face.Remove and replace any portion of the wall damaged or moved out of tolerance by erosion,sloughing,or saturation of the retaining wall or embankment backfill. 3.6. Concrete Block Retaining Walls.The concrete block units may be sampled and tested by the Engineer before shipment or upon delivery to the construction site.Display for approval,samples of block units indicating the color,texture,and finish.Store,transport,and handle all block units carefully to prevent cracking or damage. Grade and compact the foundation for the structure,and place the leveling pad as described in Section 423.3.4.,"Permanent MSE Walls." Place the concrete block facing units in accordance with the approved working drawings.Fill the voids within the units and fill the 1-ft.zone immediately behind the facing with drainage aggregate as described in Section 423.2.4.3.,"Drainage Aggregate."Systems tested without unit fill may omit the fill as indicated on the approved drawings.Systems with approved filter fabric details may omit the drainage aggregate in the 1-ft. zone immediately behind the facing. Place reinforcements and backfill for walls using earth reinforcements in accordance with the requirements of Section 423.3.4.,"Permanent MSE Walls."Pay particular attention to the connection details of the earth reinforcements to the concrete block units. Construct walls to a vertical and horizontal alignment tolerance of 1-1/2 in.when measured along a 10-ft. straightedge.Construct walls to an overall vertical tolerance(deviation from the vertical or battered control line,top to bottom)of 1 in.per 10 feet of wall height. Place adjacent facing elements so the maximum out-of- plane offset at any facing element joint is less than 1 in.Place facing elements with maximum 1/4-in.gaps between block units. 500 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 423 Prevent surface water or rainwater from damaging the retaining walls during construction.Shape the backfill to prevent water from ponding or flowing on the backfill or against the wall face.Remove and replace all portions of the retaining wall damaged or moved out of tolerance by erosion,sloughing,or saturation of the retaining wall or embankment backfill. 4. MEASUREMENT This Item will be measured by the square foot of the front surface area of the wall. Unless otherwise shown on the plans,the area will be measured from 1 ft.below finished grade of the ground line on the face of the exterior wall to the top of the wall including any coping required(not including railing). This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Retaining Walls"of the type or special surface finish specified.This price is full compensation for excavation in back of retaining walls and for footings;furnishing and placing footings,leveling pads,copings,and traffic railing foundations;furnishing,placing,and compacting backfill(except in embankment areas),including cement for stabilization;proof rolling;furnishing and placing concrete,reinforcing steel,waterproofing material,filter material and drain pipe,joint material, water stop,and filter fabric when required;fabricating,curing,and finishing all panels;furnishing and placing earth reinforcement,anchorage systems,and fasteners;wall erection;and equipment,labor,tools,and incidentals. 501 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 100009-T 110 Item 110 (Reference Specification) Excavation 1. DESCRIPTION Excavate areas as shown on the plans or as directed. Remove materials encountered to the lines,grades, and typical sections shown on the plans and cross-sections. 2. CONSTRUCTION Accept ownership of unsuitable or excess material and dispose of material in accordance with local,state, and federal regulations at locations outside the right of way. Maintain drainage in the excavated area to avoid damage to the roadway section.Correct any damage to the subgrade caused by weather at no additional cost to the Department. Shape slopes to avoid loosening material below or outside the proposed grades. Remove and dispose of slides as directed. 2.1. Rock Cuts. Excavate to finish subgrade. Manipulate and compact subgrade in accordance with Section 132.3.4.,"Compaction Methods,"unless excavation is to clean homogenous rock at finish subgrade elevation. Use approved embankment material compacted in accordance with Section 132.3.4.,"Compaction Methods,"to replace undercut material at no additional cost if excavation extends below finish subgrade. 2.2. Earth Cuts. Excavate to finish subgrade.Scarify subgrade to a uniform depth at least 6 in.below finish subgrade elevation in areas where base or pavement structure will be placed on subgrade. Manipulate and compact subgrade in accordance with Section 132.3.4.,"Compaction Methods." Take corrective measures as directed if unsuitable material is encountered below subgrade elevations. 2.3. Subgrade Tolerances. Excavate to within 1/2 in. in cross-section and 1/2 in. in 16 ft.measured longitudinally for turnkey construction. Excavate to within 0.1 ft. in cross-section and 0.1 ft. in 16 ft.measured longitudinally for staged construction. 3. MEASUREMENT This Item will be measured by the cubic yard in its original position as computed by the method of average end areas. This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. Limits of measurement for excavation in retaining wall areas will be as shown on the plans. Shrinkage or swelling factors will not be considered in determining the calculated quantities. 4. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Excavation(Roadway),""Excavation(Channel)," 76 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 110 "Excavation(Special),"or"Excavation(Roadway and Channel)."This price is full compensation for authorized excavation;drying;undercutting subgrade and reworking or replacing the undercut material in rock cuts;hauling;disposal of material not used elsewhere on the project;scarification and compaction;and equipment, labor,materials,tools,and incidentals. Drying required deeper than 6 in.below subgrade elevation will be paid for in accordance with Article 9.7., "Payment for Extra Work and Force Account Method." Excavation and replacement of unsuitable material below subgrade elevations will be performed and paid for in accordance with the applicable bid items. However,if Item 132,"Embankment," is not included in the Contract,payment for replacement of unsuitable material will be paid for in accordance with Article 9.7.,"Payment for Extra Work and Force Account Method." When a slide not due to the Contractor's negligence or operation occurs,payments for removal and disposal of the slide material will be in accordance with Article 9.7.,"Payment for Extra Work and Force Account Method." Excavation in backfill areas of retaining walls will not be measured or paid for directly but will be subsidiary to pertinent Items. 77 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 100010-T CULVERT REHABILITATION FLEXIBLE LINING PROCESS 1. SCOPE This specification shall govern all work necessary to rehabilitate culverts using a flexible liner process. Lining and method of installation shall be similar or equivalent to the Insitu form or Inliner Lining Process where a flexible tube saturated with thermosetting resins is inserted into the line using water pressure. 2. MATERIALS The lining material shall be a polyester fiberfelt tubing, lined on one side with polyurethane and fully impregnated with a liquid thermal setting resin. The resin shall bond to concrete. The tubing shall be properly sized for the diameter and length of storm water pipe to be lined. The proposed lining material thickness shall be as follows: Existing Storm Water Line Minimum Liner I.D. (Inches) Thickness (Inches) 18" .50" The liner material shall conform to the structural standards listed below: Tensil Strength at yield 73% ASTM D-638 3000 psi Flexural Strength ASTM D-790 3000 psi Modulus of Elasticity ASTM D-638 300, 000 psi Flexural Modulus ASTM D-790 300, 000 psi Impact Strength ASTM D-256 2.5 FT-lb/In Shear Strength ASTM D-732 7400 psi Prior to the use of the lining material, the contractor shall submit, for approval, satisfactory certification from an approved testing laboratory, that the material meets or exceeds the above criteria. After placement, test for modulus of elasticity shall be conducted by an Independent Laboratory. Two field liner specimens shall be required. In addition, satisfactory evidence shall be provided that the liner materials will withstand the corrosive effects of effluent, liquids and gases normally found in a storm water system. 3. CONSTRUCTION METHODS A. Cleaning: All lines to be rehabilitated shall be clean and dry during the installation of the liner. The contractor shall select the method of cleaning. It is anticipated that a high velocity jet nozzle culvert cleaner will be used. However, the contractor shall utilize such other equipment as necessary to clean the line. The contractor shall take such precautions as necessary to protect the line from further damage during the cleaning process and shall be responsible for repairing any such damages. All materials resulting from the cleaning operations shall be removed at the downstream manhole of the section being cleaned. Disposal of this material shall be as provided in the Special Provisions. 100010-T 07/12/2021 Page 1 of 3 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 B. Inspection: Upon completion of the cleaning operation and prior to insertion of the liner material, an inspection shall be performed. The interior of the pipe shall be carefully inspected to determine the location and extent of any condition which may prevent proper installation of lining materials or bonding of materials to the pipeline shall be noted so that these conditions can be corrected. C. Repairs: Any obstacles or conditions detrimental to liner installation shall be corrected by making an excavation at that point and effecting the necessary repairs. The method and extent of the repairs shall be approved by the Engineer. D. Maintain Flows: Storm water flows, that may intermittently occur, shall not be restricted during project. E. Liner Installation: Rehabilitation of the culvert shall be accomplished by the installation of flexible liner by an inversion process wherein the flexible tube is saturated with resin turned inside out and forced in the existing line using water pressure. The contractor shall begin this phase of the work until there are sufficient materials on hand to complete the job. The fiberfelt tube shall be vacuum impregnated with sufficient resin and catalyst system to achieve the liner thickness specified. Once impregnated, the tube shall be inserted through an existing manhole by means of an inversion process and the application of a hydrostatic head sufficient to fully extend it to the next designated access point. The hydrostatic head shall be sufficient to hold the liner tight to the existing pipe wall produce dimples at side connections and flared ends at the entrance an4 exit access points. After inversion is completed the contractor shall supply a suitable heat source and water recirculation equipment. The equipment shall be capable of delivering hot water to the far end of the pipe section through a hose, which has been perforated per manufacturers recommendation raise the water temperature in the line section above the temperature to effect a cure of the resin. The heat source shall be fitted with suitable monitor to gauge the temperature of the incoming and outgoing heat exchange circulating water. Thermocouple shall be placed between the impregnated tube and the invert at the far access point to determine the temperature and time of exotherm. Water temperature in the pipeline during the cure period shall not be less than 150 F as measured at the heat exchanger return line. Initial cure shall be deemed to be completed when inspection of the exposed portions of the liner appear to be hard and sound and the thermocouple indicate that an exotherm has occurred. The cure period shall be of a duration recommend by the resin manufacturer modified for the lining process during which time the recirculation of the water and cycling of the heat exchanger to maintain the temperature continuously. The contractor shall cool the finished liner to a temperature below 100 F before relieving the static head in the inversion stand pipe. Cool- down may be accomplished by the introduction of cool water into the inversion stand pipe to replace water being drained from the downstream 100010-T 07/12/2021 Page 2 of 3 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 end. Care shall be taken in the release of the static head such that a vacuum will not be developed that could damage the newly installed liner. F. Branch of Service Connections: After liner has been cured, the contractor shall reconnect the existing active branch lines as designed by the Engineer. This shall generally be done without excavation and in the case of non-man entry pipes from the interior of the pipeline by means of a television camera and a cutting device that re-establishes them to not less than 90 percent capacity. G. Inspection of Completed Work: A final inspection will be required upon completion of rehabilitation operations. It is the intent of the plans and specifications that the entire length of the completed rehabilitation be inspected. H. Clean Up: After all installation work has been completed the contractor shall clean the area around the work site and return the ground cover to a like or better condition as existed prior to construction. All pavement disturbed shall be repaired as specified elsewhere in these specifications. 4. MEASUREMENT AND PAYMENT Unless specified otherwise in the Proposal, Culvert Rehabilitation - Flexible Lining Process shall be measured and paid by the linear foot for each size installed, complete in place. 100010-T 07/12/2021 Page 3 of 3 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Appendix DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 tntertek GEOTECHNICAL ENGINEERING REPORT Proposed Salt Flats Levee Improvements Corpus Christi, Texas PSI Project No. 0312-2231 PREPARED FOR: City of Corpus Christi Department of Engineering Services Corpus Christi, Texas 78401 February 3,2021 BY: PROFESSIONAL SERVICE INDUSTRIES, INC. 810 South Padre Island Drive Corpus Christi,Texas Phone: (361)854-4801 APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 February 3, 2021 City of Corpus Christi Department of Engineering Services 1201 Leopard Street Corpus Christi,Texas,78401 Attn: Mr. Ryan Hedrick RE: GEOTECHNICAL ENGINEERING REPORT PROPOSED SALT FLATS LEVEE IMPROVEMENTS CORPUS CHRISTI,TEXAS PSI Project No.0312-2231 Dear Mr. Hedrick: Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit this Geotechnical Engineering Report for the referenced project.This report includes the results from the field and laboratory investigation along with recommendations for use in preparation of the appropriate design and construction documents for this project. PSI appreciates the opportunity to provide this Geotechnical Engineering Report and looks forward to continuing participation during the design and construction phases of this project. PSI also has great interest in providing materials testing and inspection services during the construction of this project and will be glad to meet with you to further discuss how we can be of assistance as the project advances. If there are questions pertaining to this report, or if PSI may be of further service, please contact us at your convenience. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES,INC. Texas Board of Professional Engineers Certificate of Registration#F003307 OF ���1 iDEXTER BACON err A'. b46 Reinaldo Vega-Meyer, MS, E.I.T.T. \S1 ON,AL �,��,,,.,-. Dexter Bacon, P.E. Corpus Christi Project Engineer 2/3/2021 Chief Engineer APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 TABLE OF CONTENTS Electronic Navigation:The TOC below are hyperlinked to sections of relevance.The 0 Symbol will return the reader to the TOC. Page No. TABLE OF CONTENTS............................................................................................... I 1.0 PROJECT INFORMATION ...............................................................................1 1.1 PROJECT AUTHORIZATION........................................................................................................................... 1.2 PROJECT DESCRIPTION................................................................................................................................ 1.3 PURPOSE AND SCOPE OF SERVICES.................................................................................................................2 2.0 SITE AND SUBSURFACE CONDITIONS............................................................4 2.1 SITE DESCRIPTION.....................................................................................................................................4 2.2 FIELD EXPLORATION...................................................................................................................................4 2.3 LABORATORY TESTING PROGRAM..................................................................................................................5J 2.4 SITE GEOLOGY..........................................................................................................................................rJ 2.5 SUBSURFACE CONDITIONS...........................................................................................................................rJ 3.0 GEOTECHNICAL EVALUATION AND RECOMMENDATIONS............................7 3.1 GEOTECHNICAL DISCUSSION.........................................................................................................................7 4.0 RETAINING WALL DESIGN RECOMMENDATIONS..........................................8 5.0 CONSTRUCTION CONSIDERATIONS.............................................................11 5.1 INITIAL SITE PREPARATION CONSIDERATIONS..................................................................................................12 5.2 MOISTURE SENSITIVE SOILS/WEATHER RELATED CONCERNS...............................................................................13 5.3 EXCAVATION OBSERVATIONS.....................................................................................................................13 5.4 DRAINAGE CONSIDERATIONS......................................................................................................................13 5.5 EXCAVATIONS AND TRENCHES....................................................................................................................14 6.0 REPORT LIMITATIONS.................................................................................15 APPENDIX.............................................................................................................16 """j 0,L1a„I APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 INDEX OF FIGURES Page No. Figure 1.1: Proposed Inverted T Wall......................................................................................................................2 APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 INDEX OF TABLES Page No. Table 1.1:General Project Description.....................................................................................................................1 Table2.1:Site Description.......................................................................................................................................4 Table 2.2:Field Exploration Summary......................................................................................................................4 Table 2.3:Field Exploration Description...................................................................................................................4 Table 2.4:Laboratory Testing Program....................................................................................................................5 Table 2.5:Generalized Soil Profile...........................................................................................................................6 Table 2.7:Groundwater Levels(Depths)..................................................................................................................6 Table 5.1:Retaining Wall Parameters......................................................................................................................8 Table 5.2:Lateral Earth Pressure Coefficients and Equivalent Fluid Pressures............................................................9 Table 5.3:Compaction and Testing Requirements for Retaining/Foundation Wall Areas.........................................10 Table 6.1:Subgrade Preparation for Non-Structural-General Fill...........................................................................12 Table 6.2:Fill Compaction Recommendations Outside of Building and Pavement Areas..........................................12 Table 6.3:Considerations for Demolition,Abandoning Utilities and Tree Removal..................................................12 APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 1.0 PROJECT INFORMATION 1.1 PROJECT AUTHORIZATION Professional Service Industries, Inc. (PSI), an Intertek company, has completed a field exploration and geotechnical evaluation for the proposed Salt Flats Levee Improvements Project. Mr. Ryan Hedrick, representing the City of Corpus Christi authorized PSI's services on January 4, 2021 by Letter entitled: MSA for Geotech/Construction Materials Testing (Contract No. 2496) Project: Salt Flats Levee Improvements (E12070). PSI's proposal contained a proposed scope of work, lump sum fee,and PSI's General Conditions. 1.2 PROJECT DESCRIPTION Based on information provided by the Client, PSI's review of a site plan entitled Salt Flats Levee Improvements, Existing and Proposed Typical Section Sta. 3+63.00 provided on February 3, 2021 and prepared by Govind Development LLC, a summary of our understanding of the proposed project is provided below in the following General Project Description table. TABLE 1.1:GENERAL PROJECT DESCRIPTION Project Items Proposed Inverted T Wall Existing Grade Change within Project ± 1.5 feet estimate(Google Earth Pro Data) Site Area Wall Foundation Type Shallow Spread Footing A Cross Section of the proposed inverted T Wall is shown in the following figure: APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 FIGURE 1.1: PROPOSED INVERTED T WALL "k r ,(,ALE 6.,)E FFIJ.ME'i a E f E 'k,t, NE IN, 4L"IN AT C L OF EL. I EL. + EL. +10.1 ", )E:f FVVH f 1411E -- _ XI T ,:E EL. +?.r, �` Hr u F .` IEFEI E(£ f)IBIFA:lE3 �l 11A%::E K FILL (:ALT FLATi C,HA',NEL x ".,rl.;HETE 1-11',El" �� EL °h.b Eml TI J dk," f, fEL d.L ----------------------------------------- FL i A9f � i � I INVERTE0 T WALL U �. ..;ALE A The geotechnical recommendations presented in this report are based on the available project information, structure locations, and the subsurface materials encountered during the field investigation. If the noted information or assumptions are incorrect, please inform PSI so that the recommendations presented in this report can be amended as necessary. PSI will not be responsible for the implementation of provided recommendations if not notified of changes in the project. 1.3 PURPOSE AND SCOPE OF SERVICES The purpose of this study is to evaluate the subsurface conditions at the site and develop geotechnical engineering recommendations and guidelines for use in preparing the design and other related construction documents for the proposed project. The scope of services included drilling soil borings, performing laboratory testing,and preparing this geotechnical engineering report. This report briefly outlines the available project information, describes the site and subsurface conditions, and presents the following: • A review ofsurface topographical features, geologic features, and site conditions; • Boring location plan and boring logs with laboratory test results of subsurface materials encountered including groundwater levels; • Seismic design site classification per the International Building Code; • Description of the field work and lab testing • Summarize the lab test reports. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 • Describe/discuss the subsurface soil and groundwater conditions. • Discussion of soil movement potential and calculated potential vertical rise (PVR). • Soil profile table with angle of internal fi°iction, active and passive pressures • OSHA soil type classification • Retaining wall design criteria including lateral earth pressures and allowable soil bearing capacity for the improved subgrade; • Construction considerations. The scope of services for this geotechnical exploration did not include an environmental, mold nor detailed seismic/fault assessment for determining the presence or absence of wetlands, or hazardous or toxic materials in the soil, bedrock,surface water,groundwater,or air on or below,or around this site. Statements in this report or on the boring logs regarding odors, colors, and unusual or suspicious items or conditions are strictly for informational purposes.The report also does not include a detailed settlement analysis. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 2.0 SITE AND SUBSURFACE CONDITIONS 2.1 SITE DESCRIPTION The following table provides a generalized description of the existing site conditions based on visual observations during the field activities,as well as other available information. TABLE 2.1:SITE DESCRIPTION Site Location Latitude:27.8056°; Longitude:-97.4058° Site History Existing Salt Flats Channel Existing Site Ground Cover Bare earth,grass and small brush Other Site Features Nearby Harbor Bridge Construction activities Existing Grade/Elevation Changes 1 to 2 feet Description of Adjacent Property Salt Flats Channel to the west and railroad tracks to the NE Ground Surface Soil Support Firm during dry periods Capability 2.2 FIELD EXPLORATION Field exploration for the project consisted of drilling a total of 9 borings.The boring design element, boring labels, approximate depths and drilling footage are provided in the following table. TABLE 2.2:FIELD EXPLORATION SUMMARY Number Boring Drilling Design Element Footage of Borings Depth (ft) (feet) Inverted T Wall 2 30 60 TOTAL: 2 --- 1 60 The boring locations were selected by PSI personnel and located in the field using a recreational-grade GPS system. Elevations of the ground surface at the boring locations were not provided and should be surveyed by others prior to construction. We have estimate ground surface elevations at the boring locations from Google Earth and estimate an approximate 1 foot accuracy.The references to elevations of various subsurface strata are based on depths below existing grade at the time of drilling.The approximate boring locations are depicted on the Boring Location Plan provided in the Appendix. TABLE 2.3: FIELD EXPLORATION DESCRIPTION Drilling Equipment Truck Mounted Drilling Rig Drilling Method Continuous Flight Augers,Wet Rotary Drilling Procedure Applicable ASTM and PSI Safety Manual Field Testing Hand Penetrometer,Standard Penetration Test(ASTM D1586), Sampling Procedure Soils:ASTM D1587/1586 Sampling Frequency Continuously to a Depth of 10 feet and at 5-foot Intervals Thereafter Frequency of Groundwater Level During and After Drilling APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Measurements Boring Backfill Procedures Soil Cuttings During field activities, the encountered subsurface conditions were observed, logged, and visually classified (in general accordance with ASTM D2487). Field notes were maintained to summarize soil types and descriptions,water levels,changes in subsurface conditions, and drilling conditions. 2.3 LABORATORY TESTING PROGRAM PSI supplemented the field exploration with a laboratory testing program to determine additional engineering characteristics of the subsurface soils encountered.The laboratory testing program included: TABLE 2.4: LABORATORY TESTING PROGRAM Laboratory Test Procedure Specification Visual Classification ASTM D2488 Moisture Content ASTM D2216 Atterberg Limits ASTM D4318 Material Finer than No.200 Sieve ASTM D1140 Unconfined Compression Strength ASTM D2166 The laboratory testing program was conducted in general accordance with applicable ASTM Test Methods. The results of the laboratory tests are provided on the Boring Logs in the Appendix. Portions of samples not altered or consumed by laboratory testing will be discarded 60 days from the date shown on this report. 2.4 SITE GEOLOGY As shown on the Geologic Atlas of Texas,Corpus Christi Sheet, reprinted in 1975,the site is located in an area where the Beaumont Formation (Qb) is present at or near the ground surface.The portion of the Beaumont Formation within the project site is mapped as predominately clay with high to very high shrink-swell potential, low permeability, low shear strength,and high plasticity. 2.5 SUBSURFACE CONDITIONS The soils at this site within the upper 30 feet consist of an approximate crust of loose to medium dense clayey sand having a thickness of approximately 5 feet,an intermediate layer of very loose clayey sand between the 5 and 22 foot depths and a medium dense clayey sand between the 22 and 30 foot depths. The results of the field exploration and laboratory testing have been used to generalize a subsurface profile at the project site. The following subsurface descriptions provide a highlighted generalization of the major subsurface stratification features and material characteristics. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 TABLE 2.5:GENERALIZED SOIL PROFILE Stratum Top(ft) Bot. Soil Type LL(%) Pl -#200 N PP/UC (ft) Sieve Range/Average 1 0 4 Clayey Sand 52-69/60 39-53/46 37-49/43 4-10/7 2.0 2 4 8 Sandy Clay* 62 31 63 4 1.3 3 4 22 Clayey Sand 28-42/33 19-30/22 40-46/43 2-4/3 -- 22 30 Clayey Sand -- -- -- 13-19/16 Where: LL=Liquid limit(%) PI=Plasticity Index 4200 Sieve=%Passing the#200 Sieve N=Standard Penetration Test blow count(blows/foot) PP/Uc—Hand Penetrometer, Unconfined or UU Compressive Strength(tsf) *Sandy clay encountered in B-1 only. The boring logs included in the Appendix should be reviewed for specific information at individual boring locations. The boring logs include soil descriptions, stratifications, locations of the samples, and field and laboratory test data.The descriptions provided on the logs only represent the conditions at that actual boring location;the stratifications represent the approximate boundaries between subsurface materials.The actual transitions between strata may be more gradual and less distinct. Variations will occur and should be expected across the site. 2.5.1 GROUNDWATER INFORMATION Water level measurements were performed during drilling and after completion of drilling. Specific information concerning groundwater is noted on each boring log presented in the Appendix of this report. Groundwater was encountered during the field investigation of this site.The groundwater measurements are summarized in the following table: TABLE 2.6:GROUNDWATER LEVELS(DEPTHS) Boring Boring During Drilling After Drilling Hole Collapse Designation Depth (feet) (feet) Depth(ft) (feet) B-1 30 8.5 -- 5.5 B-2 30 12.0 -- 8.0 Groundwater levels fluctuate seasonally as a function of rainfall, proximity to creeks, rivers and lakes, the infiltration rate of the soil,seasonal and climatic variations and land usage. In relatively pervious soils,such as sandy soils, the indicated depths are a relatively reliable indicator of groundwater levels. In relatively impervious soils, water levels observed in the borings may not provide a reliable indication of groundwater elevations, even after several days. If a detailed water level evaluation is required, observation wells or piezometers can be installed at the site to monitor water levels. The groundwater levels presented in this report were measured at the time of PSI field activities. The contractor should determine the actual groundwater levels at the site before construction activities. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 3.0 GEOTECHNICAL EVALUATION AND RECOMMENDATIONS 3.1 GEOTECHNICAL DISCUSSION Based upon the information gathered from the soil borings and laboratory testing, the soils encountered at this site within the seasonally active zone have a moderate potential for expansion and would not be considered a significant factor. Of main concern is the very soft clays and very loose sands below the 4 foot depth or approximately elev. +1 feet. It will be necessary to remove at least 18 inches of existing soils below the footing and replace with compacted crushed limestone base material. In order to increase the allowable bearing capacity of the retaining wall footing we recommend that at least 2 feet of compacted crushed limestone base be placed and compacted under the footing. Details of these recommendations can be found in Section 4.0. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 4.0 RETAINING WALL DESIGN RECOMMENDATIONS Conventional concrete cantilever retaining walls may be utilized for the inverted T wall planned at the subject site. Design should consider both he applied lateral earth pressure behind the wall and the hydrostatic pressures exerted of 62.4 pcf on the inside of the wall in flood conditions. Equivalent lateral earth pressure values for active earth pressure conditions are shown in Table 5.1. The walls should be designed for additional lateral loads due to surcharge and live loads. The table below may be used to design soil retaining structures provided that the indicated backfill occupies the entire active zone. The"active zone" consists of the area behind the retaining structure within a boundary created by a 45-degree angle drawn from the heel of the structure and extending upward to the ground surface. The equivalent fluid densities for active pressures shown in the table do not include safety factors. An appropriate safety factor should be used in the design. The fluid densities only represent drained backfill.Any other structures should be spaced at sufficient distances such that they do not impose additional loads on the walls, or the additional lateral loads due to surcharge also be included in the design. The following illustrations and tables provide general requirements for the design and installation of retaining walls at the subject site. TABLE 5.1: RETAINING WALL PARAMETERS Allowable Bearing Pressure (SF=2.0) 2,000 psf Sliding Coefficient of Friction 0.35 Allowable Passive Pressure (SF=3.0) 120 psf per foot of toe height permanently embedded Compacted Subgrade Upper 9 inches Footing Bearing Stratum Compacted Select Fill Foundation Improvement Thickness 1.5 Foot Select Fill TOOT Item 247 (Crushed Limestone Material) Select Fill Material Type A or B Grade 1 or 2 Minimum Embedment 18 inches The Inverted T wall should be designed to resist lateral earth pressures on the side away from the channel and hydrostatic pressures on the channel side. Equivalent lateral earth pressure values for active earth pressure conditions are shown on Table 5.2.The walls should also be designed for additional lateral loads due to slopes behind the wall, hydrostatic pressures,surcharges and live loads. • The equivalent fluid pressure values shown in the following table are applicable for horizontal backfill surface.The values are applicable if the backfill behind the wall extends to a minimum distance equal to the wall height. For sloping backfill,the lateral earth pressure values would be significantly higher. • Passive resistance should be neglected if there is scour potential where the footing might be exposed or steep downward slopes near the front of the wall footing. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 • The earth pressure values for the above water table condition correspond to the total unit weight of soil. The earth pressure values below the groundwater table correspond to the buoyant or submerged unit weight of soil which would be approximately%of the unit weight values provided. • Drainage systems should be provided near,or at the base of walls to collect and remove groundwater and minimize the potential for a buildup of hydrostatic pressure on the walls. If provisions to prevent accumulation of water behind the walls are not provided, the walls should be designed to resist the hydrostatic head in addition to the buoyant lateral earth pressures.The hydrostatic pressures should be accounted for the full height of the wall.Additional direction is provided below. • Any additional lateral loads due to surcharge and live loads should also be included in the design.The lateral pressure on the wall due to a uniform surcharge load can be taken as earth pressure coefficient values multiplied by the surcharge pressure. PSI should be contacted to assess the earth pressures, if structures are located within the closer proximity of the below grade walls. • Fat Clay(CH)soils are not recommended for use as backfill material behind the wall. • Coarse materials are the preferred type of backfill to be used during construction. TABLE 5.2: LATERAL EARTH PRESSURE COEFFICIENTS AND EQUIVALENT FLUID PRESSURES Active Equivalent Earth Fluid Backfill Material Pressure Pressure Active,Ka Active,EFP Low Plasticity Clayey Select Fill Maximum particle size of 3-inches 0.41 45 Unit weight of 110 pcf, Effective(Drained)Friction Angle of 25° Crushed Limestone Maximum particle size of 3-inches 0.33 40 Unit Weight of 120 pcf Effective(Drained) Fiction Angle of 30° Free Draining Clean Sand Maximum particle size of 3-inches No more than 10%fines 0.27 33 Unit Weight of 120 pcf Effective(Drained)Friction Angle of 351 • Values assume Horizontal Backfill at the wall location. • Equivalent Fluid Pressure are in Pounds per Square Foot per Wall Height. Values assume conditions above Water Table. • If granular soils are used, a minimum of one foot of compacted low plasticity clay should be placed over the granular soils near to the top of the wall to prevent water intrusion. Compaction and test requirements for retaining wall/foundation wall areas are shown on the following table. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 TABLE 5.3:COMPACTION AND TESTING REQUIREMENTS FOR RETAINING/FOUNDATION WALL AREAS Location Material Density Test Plasticity Percent Optimum Testing Moisture Method Index Compaction Requirement Content Subgrade, PI>_25 95% 0 to+4% General Fill,and ASTM D 698 Retaining Retained Backfill PI <25 >_95% 0 to+4% 1 per 5,000 SF; Walls Soil min. 3 per lift Foundation ASTM D 698 PI<_20 >_98% -1 to+3% Improvement PSI should review the final retaining wall design documents when complete to observe that the intent of these recommendations has been performed. Please note that fill placement to raise wall footing and top of wall elevation could result in retaining wall design parameters significantly different than those provided in this report. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 5.0 CONSTRUCTION CONSIDERATIONS Geotechnical Engineer Involvement at the Time of Construction—It is recommended that the foundation pad recommendations presented in this report be confirmed immediately prior to construction by the Geotechnical Engineer of Record (GER). Wetter climate conditions near the time of construction can lead to a significant reduction in pad preparation requirements which can often be a substantial percentage of site development cost. Having a Geotechnical Engineer retained to review the earthwork recommendations in the Contract Documents and be an active participant in team meetings near the time of construction can often result in project cost savings. Therefore, PSI recommends that an AASHTO accredited 3rd party laboratory with qualified professional engineers who specialize in geotechnical engineering be retained to provide observation and testing of construction activities involved in the foundations, earthwork, pavements and related activities of this project.As the Geotechnical Engineer of Record, PSI's services can be retained as the 3rd party laboratory. PSI's participation would be advantageous to the project flow and value engineering during construction since we are most familiar with the existing soil conditions at the site. The geotechnical engineer often does not have available all design information at the time of writing the original report since the report is done very early in the design process.The GER can be of great benefit immediately prior to construction since definitive information regarding the location of the retaining wall, surrounding flatwork, pavements, planned landscaping, and drainage features is available. The GER can then write Supplement letters to the original geotechnical report often resulting in less risk and project cost savings. PSI cannot accept responsibility for conditions which deviate from those described in this report, nor for the performance of the foundations or pavements if not engaged to also provide construction observation and materials testing for this project.The PSI geotechnical engineer of record must also be engaged by the Design Team, even if periodic on-call testing is contracted with PSI Construction Services. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 5.1 INITIAL SITE PREPARATION CONSIDERATIONS 5.1.1 SUBGRADE PREPARATION FOR SITE WORK OUTSIDE INVERTED T WALL AREAS Grade adjustments outside of the foundation pad and pavement areas can be made using select or general fill materials.The clean excavated onsite soils may also be reused in areas not sensitive to movement. TABLE 6.1:SUBGRADE PREPARATION FOR NON-STRUCTURAL-GENERAL FILL Minimum Undercut Depth 4 inches or as needed to remove roots,organic and/or deleterious materials Proof-roll subgrade with rubber tired 20-ton(loaded) Exposed Subgrade Treatment construction equipment Alternate Equipment can be used with Geotechnical Engineer Approval Excavate to firmer materials and replace with Proof-Rolled Pumping and Rutting Areas compacted general or select fill under direction of a representative of the Geotechnical Engineer Any clean material free of roots, debris and other General Fill Type deleterious material with a maximum particle size of 4 inches Maximum General Fill Loose Lift Thickness 8 inches TABLE 6.2: FILL COMPACTION RECOMMENDATIONS OUTSIDE OF BUILDING AND PAVEMENT AREAS Test Method for plasticity Percent Optimum Location Material Density Index Compaction Moisture Testing Frequency Determination Content Outside of PI>_25 94%to 98% 0 to+4% Structure/ General Fill ASTM D 698 1 per 10,000 SF; Pavement min.3 per lift Areas PI<25 >_95% 0 to+4% 5.1.2 EXISTING SITE CONDITIONS The following table outlines construction considerations in consideration of demolition of existing structures, demolition of existing paving, procedures for abandoning old utility lines and removing trees. TABLE 6.3:CONSIDERATIONS FOR DEMOLITION,ABANDONING UTILITIES AND TREE REMOVAL Existing Structures Foundations of former structures located below Impact of foundation of former structures should new structure be evaluated on a case by case basis Foundations for former structures located below Cut off at least 3 feet below finished paving grade new paving Existing Pavement Former paving located within footing of proposed Remove concrete and/or HMAC surface course structures and base entirely or review impact on case by case basis Former paving located within footprint of proposed Remove concrete and/or HMAC surface course new paving and evaluate if base can be reused APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Abandoned Utilities Utilities of former structures located within new Remove pipe, bedding and backfill and then foundation pad/footprint of proposed structure replace with select fill placed using controlled compaction Utilities of former structures located outside of Abandon in place using a grout plug foundation pad footprint Tree Removal Remove root system for full vertical and lateral Trees located within proposed wall footprint; extent and extend removal for at least 3 feet roadways, parking,and sidewalk areas;and within 15 feet of wall area beyond presence of root fragments and replace void with compacted general fill or flowable fill 5.2 MOISTURE SENSITIVE SOILS/WEATHER RELATED CONCERNS Soils are sensitive to disturbances caused by construction traffic and changes in moisture content. During wet weather periods, increases in the moisture content of the soil can cause significant reduction in the soil strength and support capabilities. In addition, soils which become wet may be slow to dry and thus significantly retard the progress of grading and compaction activities. It will, therefore, be advantageous to perform earthwork, foundation, and construction activities during dry weather. A relatively all-weather compacted crushed limestone cap having a thickness of at least 6 inches should be provided as a working surface. 5.3 EXCAVATION OBSERVATIONS Excavations should be observed by a representative of PSI prior to continuing construction activities in those areas. PSI needs to assess the encountered materials and confirm that site conditions are consistent with those discussed in this report. This is especially important to identify the condition and acceptability of the exposed subgrades under foundations and other structures that are sensitive to movement.Soft or loose soil zones encountered at the bottom of the excavations should be removed to the level of competent soils as directed by the Geotechnical Engineer or their representative. Cavities formed as a result of excavation of soft or loose soil zones should be backfilled with compacted select fill or lean concrete. After opening,excavations should be observed,and concrete should be placed as quickly as possible to avoid exposure to wetting and drying. Surface run-off water should be drained away from the excavations and not be allowed to pond. Excavations left open for an extended period of time (greater than 24 hours) should be protected to reduce evaporation or entry of moisture. 5.4 DRAINAGE CONSIDERATIONS Water should not be allowed to collect in foundation excavations, on foundation surfaces, or on prepared subgrades within the construction area during or after construction.Proper drainage around grade supported sidewalks and flatwork is important to reduce potential movements. Excavated areas should be sloped toward one corner to facilitate removal of collected rainwater, groundwater, or surface runoff. Providing rapid, positive drainage away from the wall reduces moisture variations within the underlying soils and will aid in reducing the magnitude of potential movements. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 5.5 EXCAVATIONS AND TRENCHES It should be noted that excavation equipment capabilities and field conditions may vary. Geologic processes are erratic and large variations can occur in small vertical and/or lateral distances. Details regarding"means and methods" to accomplish the work(such as excavation equipment and technique selection) are the sole responsibility of the project contractor.The comments contained in this report are based on small diameter borehole observations. The performance of large excavations may differ as a result of the differences in excavation sizes. The Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 CFR Part 1926, Revised October 1989), require that excavations be constructed in accordance with the current OSHA guidelines. Furthermore, the State of Texas requires that detailed plans and specifications meeting OSHA standards be prepared for trench and excavation retention systems used during construction. PSI understands that these regulations are being strictly enforced,and if they are not closely followed,the owner and the contractor could be liable for substantial penalties. The contractor is solely responsible for designing and constructing stable,temporary excavations and should shore, slope, or bench the sides of the excavations as required to maintain stability of both the excavation sides and bottom.The contractor's"responsible person",as defined in 29 CFR Part 1926,should evaluate the soil exposed in the excavations as part of the contractor's safety procedures. In no case should slope height, slope inclination, or excavation depth, including utility trench excavation depth, exceed those specified in local, State, and Federal safety regulations. PSI is providing this information as a service to the client. PSI does not assume responsibility for construction site safety or the contractor's or other parties' compliance with local, State, and Federal safety or other regulations.A trench safety plan was beyond the scope of our services for this project. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 6.0 REPORT LIMITATIONS The recommendations submitted in this report are based on the available subsurface information obtained by PSI and design details furnished by the client for the proposed project. If there are revisions to the plans for this project, or if deviations from the subsurface conditions noted in this report are encountered during construction,PSI should be notified immediately to determine if changes in the foundation recommendations are required. If PSI is not notified of such changes, PSI will not be responsible for the impact of those changes on the project. The Geotechnical Engineer warrants that the findings, recommendations, specifications, or professional advice contained herein have been made in accordance with generally accepted professional Geotechnical Engineering practices in the local area. No other warranties are implied or expressed.This report may not be copied without the expressed written permission of PSI. After the plans and specifications are more complete, the Geotechnical Engineer should be retained and provided the opportunity to review the final design plans and specifications to check that the engineering recommendations have been properly incorporated in the design documents. At this time, it may be necessary to submit supplementary recommendations. If PSI is not retained to perform these functions, PSI will not be responsible for the impact of those conditions on the project. This report has been prepared for the exclusive use of the City of Corpus Christi and Govind Development, LLC for specific application to the proposed Salt Flats Levee Improvements project to be constructed in Corpus Christi,Texas. APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 APPENDIX APPENDIX-1 X r LU 0- � p q �j < ;r< W U) LU mr 0LJ^ r i / G > X / E z / i > U a o J OU - /// > ����� a- /j%/ O C/) C)LU 0000 W r �3 f/ o 0 „� 11 �� ��G �Irq C) p (O in l;l4n oo 00 i N � (O LL1 „ G N m s t i, a 1, w Mn o w l/// 1°j' r S o 'T r� q 00 l rr' U) Uu, / G iIpli 'p/ l O_ Qa0o oo o 0 GL O LU C: 2) Cf) Z, U O 0 gp X 0- 0- I 0- I r' % air W i, ill i w . " r N „y � /if Pref i✓ �rw �li � /rl r; au CL to LL x CO p U) O / J � U � 00- �_ U L i O cn C) Q �N w00 n1M 0000 ui �f v / 0 > � T / " 9 c 000 ,L m r o U %f/, w w U t .No Lj G; 5 0 � 00 00 ) U v N U) LO O D OO O ^ 0 2Q- - r rr%J)t wu ' C: 2) Z, O O 0 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Boring Logs APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Salt Flats Levee Improvements Corpus Christi, Texas Project No. 0312-2231 BORING B-1 LOCATION: 27.805681,-97.405686 O H O HAND PEN(TSF) O UNC CMP(TSF) J w UJ z o * °� cn 2.0 4.0 6.0 0 O (7Hw U J UX U }LL = 00 a SOIL DESCRIPTION UJ D� Z Z 2'a p o U �o U_0 UJ � Q � OD w � a�Q o oe U) Qz PL WC LL Dt �m U U Q U C1 Q J U z J Of a 0- a 20 40 60 Elevation: 7.00 0 0 : CLAYEY SAND(SC), brown, loose 14 10 1 -- 1 20 49 5 69 16 53 SANDY FAT CLAY(CH), dark brown 5 to gray, stiff to soft 39 63 62 31 31 0 1.3 94 ..............�... .... :..:. ..:.....:.. 23 4 X -- 1 CLAYEY SAND(SC), gray,very loose 1 27 44 2 32 12 20 10 -- 3 f -- I f I .. 24 3 15 I -- I X., 22 43 4 28 9 19 N 20 M N -- o I Z LU Mediun dense _. . . 25 15 2 25 ' o a � I W W -- W ....... g 20 15 LL 30 __ Boring terminated at an approximate depth of 30 feet. N —— N M —— O F __ W W F O -- W 35— COMPLETION 5COMPLE ION DEPTH: 30.0 Feet DEPTH TO GROUND WATER DATE: 1/22/21-1/22/21 SEEPAGE(ft.):8.5 ft tntertek. END OF DRILLING(ft.): Caved-in @ 5.5 ft DELAYED WATER LEVEL(FT): None APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Salt Flats Levee Improvements Corpus Christi, Texas Project No. 0312-2231 BORING B-2 LOCATION: 27.805860,-97.405580 O H O HAND PEN(TSF) O UNC CMP(TSF) J w UJ z o * °� cn 2.0 4.0 6.0 0 O (7Hw U J UX U }LL = 00 a SOIL DESCRIPTION UJ D� Z Z 2'a of o U �o U_0 UJ � Q � OD w � a�Q o oe U) QZ PL WC LL Dt �m U U Q U 0 Q J U z J Of a = 0- a 20 40 60 Elevation: 4.00 0 0 CLAYEY SAND(SC), dark brown to 14 37 52 13 39 gray,very loose to medium dense -- I I � 12 48 44 17 27C 2.5 100 —5- 26 2 L...:.. ....:..:. ........:.. -- I 27 46 2 42 12 30 r 21 2 / 10 I -- I I -- I I 25 3 15 -- j I I -- I I X., 25 40 4 32 11 21 m 20 F I 0 c� I � I Z I LU Brown 21 13 2 25 O a -- W W -- w J U) g 19 19 LL 30 __ Boring terminated at an approximate depth of 30 feet. N —— N M —— O F __ W W F O -- W 35 COMPLE ION DEPTH: 30.0 Feet DEPTH TO GROUND WATER DATE: 1/22/21-1/22/21 SEEPAGE(ft.): 12 ft tntertek. END OF DRILLING(ft.): Caved-in @ 8 ft DELAYED WATER LEVEL(FT): None APPENDIX-1 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 U 1%A;'1% ^ KL r ►U ►LKIWs AND SYMBOLS USED ON LOGS ROCK CLASSIFICATION CONSISTENCY OF COHESIVE SOILS ROCK QUALITY CONSISTENCY N-VALUE SHEAR STRENGTH HAND PEN VALUE RECOVERY DESIGNATION (RQD) (Blows/Foot) (tsf) (tsf) Very Soft 0 TO 2 0 TO 0.125 0 TO 0.25 DESCRIPTION OF %CORE DESCRIPTION OF ROCKRQD Soft 2 TO 4 0.125 TO 0.25 0.25 TO 0.5 RECOVERY RECOVERY QUALITY Firm 4 TO 8 0.25 TO 0.5 0.5 TO 1.0 Incompetent <40 Very Poor(VPo) 0 TO 25 Competent 40 TO 70 Poor(Po) 25 TO 50 Stiff 8 TO 15 0.5 TO 1.0 1.0 TO 2.0 Fairly Continuous 70 TO 90 Fair(F) 50 TO 75 Very Stiff 15 TO 30 1.0 TO 2.0 2.0 TO 4.0 Continuous 90 TO 100 Good(Gd) 75 TO 90 Hard >30 >2.0 OR 2.0+ >4.0 OR 4.0+ Excellent(Exlnt) 90 TO 100 SOIL DENSITY OR CONSISTENCY DEGREE OF PLASTICITY OF COHESIVE SOILS DENSITY CONSISTENCY THD DEGREE OF PLASTICITY SWELL POTENTIAL (GRANULAR) (COHESIVE) (BLOWS/FT) FIELD IDENTIFICATION PLASTICITY INDEX(PI) Very Loose(VLo) Very Soft(VSo) 0 TO 8 Core(height twice diameter)sags under None or Slight 0 to 4 None own weight Loose(Lo) Soft(So) 8 TO 20 Core can be pinched or imprinted easily Low 4 to 20 Low with finger Medium 20[0 30 Medium Slightly Compact Stiff(St) 20 TO 40 Core can be imprinted with considerable (SICmpt) pressure High 30 to 40 High Compact(Cmpt) Very Stiff(VSt) 40 TO 80 Core can only be imprinted slightly with fingers Very High >40 Very High Dense(De) Hard(H) 80 TO 5"/100 Core cannot be imprinted with fingers but can be penetrated with pencil Very Dense(VDe) Very Hard(VH) 5"/100 to Core cannot be penetrated with pencil 0"/100 BEDROCK HARDNESS MOISTURE CONDITION OF COHESIVE SOILS MORHS' CHARACTERISTICS EXAMPLES APPROXIMATE THD SCALE PEN TEST DESCRIPTION CONDITION Sandstone,Chert,Schist,Granite, Very Hard 0"to Absence of moisture,dusty' 5.5 to 10 Rock will scratch knife Gneiss,some Limestone (VH) 2"/100 dry to touch DRY 3 to 5.5 Rock can be scratched Siltstone,Shale,Iron Deposits,most Hard(H) 1"to with knife blade Limestone 5"/100 Damp but no visible water MOIST 1 to 3 Rock can be scratched Gypsum,Calcite,Evaporites,Chalk, Soft(SO) 4 to Visible free water WET with fingernail some Shale 6'/100 RELATIVE DENSITY FOR GRANULAR SOILS SAMPLER TYPES SOIL TYPES APPARENT SPT CALIFORNIA MODIFIED CA. RELATIVE DESNITY (BLOWS/FT) SAMPLER SMAPLER DENSITY(%) (BLOWS/FT) (BLOWS/FT) Very Loose 0 to 4 0 to 5 0 to 4 0 to 15 NO TXDOT SHELBY CLAY(CL) CLAY(CH) SALT Loose 4 to 10 5 to 15 5 to 12 15 to 35 SAMPLE CONE TUBE Medium Dense 10 to 30 15 to 40 12 to 35 35 to 65 4 Dense 30 to 50 40 to 70 35 to 60 65 to 85 LIMESTONE SHALE SANDSTONE NO ROCK SPLIT rr Very Dense >50 >70 >60 85 to 100 RECOVERY CORE SPOON LJ ABBREVIATIONS III SAND GRAVEL FILL PL—Plastic Limit QP—Hand Penetrometer AUGER M LL—Liquid Limit QB—Unconfined Compression TestSAMPLEWC—Percent Moisture UU—Unconsolidated Undrained Triaxial0 mmil V WATER SEEPAGE Note:Plot Indicates Shear Strength as Obtained By Above Tests ASPHALT CONCRETE, CHALK WATER LEVEL AT END OF DRILLING CLASSIFICATION OF GRANULAR SOILS U.S.STANDARD SIEVESIZE(S) 6" 3" 3/4" 4 10 40 200 I SAND BOULDERS COBBLES COARSE GRAVELFINE COARSE MEDIUM FINEI I I ton SILT OR CLAY CLAY 152 76.2 19.1 4.76 2.0 0.42 0.074 0.00 _ �21".IN.„ Sao!-es 6wyaau,6u3 ;o 00 u mrvaoa 0196I t0[OFa Al am SD'X31 XXaN 1X3HS (INV 133HS 37111 I-LS18HO SndNOO 10 ,1110 �,��( �y� JTl;G1�YdpZLf MOM S1N3W3AOadW1 33h31 Slb'13 l-ibs N01-8-0 777777 IN N017771== N1111111111 1� N-1 N N - a G _ F — - W o - 10 OR ffi z O �z V 2mG r cc _ LU W r 0 e - o V > ~ W `°� y�� Z � 0W m J e a P.K o NNS W m �� — m o ME m N bj Q Z W aR o W UJ> Z � N = W W 'j 0 Z to 0 conn $ V W d w M `3Y`�55 y �q '�blls S �Yl LD t' lyyy�. p 5�IY `ni Q v W m C a� z O � O m awn O�� ®Z s - Z S� OM Ddb o C) ry xr�eox axed R W a¢x3wn d . e Z w Q o a O gw v U 0 � � r z N J Q J Q ae�3ax O � �S a z ui awe 3urm O a p v av U1b sn J cn N e E W �p ®Z � Ucl = m o W o 0 ulaiceiss.a�y� sanin�as buuaambu3 /o auawa�odaQ 0 ozroac u'ruaaez soaaoa-'a mm ossa SVX31 df/W �Oa1N,ovinuv. 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I II I W I W \ I I 0 j \ I W O C, 19114jas 6wJaaw6u3 /o ;uaw;Joda4 '0 aiwewUmmSf m-isffVd imz SVX31 S�IV134 42Jb0NV1S M I� c c J.�l.•J..3y Ia Imo[-a•^N mm 8x91 _ w'i IlS21H7 S11d2103 }a 1110 N011N3A3dd NOI mind d31Vm v1dois i J77:IA�Y 'i O��O S1N3W3A0adW1 33A31 SiV iWS W Noiidiaas3a 1e 3iva oN­677r- Wlidmo 71 3iva oN Noism3a Ea o Q - =G V V 1041 Q al G, - - 11 - = E l a r as Kul Z G Hi I I �2 o O y sitI V 0 \ LJ 1 Mai Ina N r =K" amwHow nil ooW 4 - G= aLL W y o 3 ami .000 oa Mg 19 to W s n W a0 WE _o 1 am Q 2 0 °Go m P1001 at! ow Avg 1- Uy _- Mo�3a e _ W a w g: J gWIF so W Wg a Ell, o to eg Hill "Ad WE Oslo WN gig owe le-3 O CJ DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 DATE(MMIDDIYYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 11/15/2021 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Renee Terrell Higginbotham Insurance Agency, Inc. PHONE FAx PO Box 870 AIc No Ext): 361-561-4237 A/c No:361-844-0101 Corpus Christi TX 78403-0870 ADODRESS: rterrell@higginbotham.net INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: RLI Insurance Company 13056 INSURED JMDAV INSURER B: Texas Mutual Insurance Company 22945 JM Davidson, Ltd. JM Davidson, Inc. INSURER C: Everest Indemnity Insurance Company 10851 P O Box 4639 INSURER D: Everest National Insurance Company 10120 Corpus Christi TX 78469 INSURER E: State National Insurance Company 12831 INSURER F: Mt Hawley Insurance Company 37974 COVERAGES CERTIFICATE NUMBER:1540145287 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY C X COMMERCIAL GENERAL LIABILITY EN4ML00259201 12/31/2020 12/31/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jECT RO- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY EN4CA00488201 12/31/2020 12/31/2021 COEaMB cciINED dentdents NGLE LIMIT $1,000,000 a X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C UMBRELLA LAB OCCUR EN4C000245201-$5M 12/31/2020 12/31/2021 EACH OCCURRENCE $9,000,000 F N RX0000862-$4M 12/31/2020 12/31/2021 X X EXCESS LIAB CLAIMS-MADE AGGREGATE $9,000,000 DED X RETENTION$in nnn Excess of$5M policy $4,000,000 B WORKERS COMPENSATION0001178994 4/22/2021 4/22/2022 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRI ETOR/PARTNER/EXEC UTIVEN/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (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 Protection&Indemnity HUL0200129 12/31/2020 12/31/2021 Each Accident Limit $1,000,000 A Excess Protection&Indemnity MEX0200024 12/31/2020 12/31/2021Each Accident&Aggr $9,000,000 E Vessel Pollution V1624020 12/31/2020 12/31/2021 Vessel Pollution Limi $10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi-Engineering ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Construction Contract Admin. PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 AGENCY CUSTOMER ID: JMDAV LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 Of 2 AGENCY NAMED INSURED Higginbotham Insurance Agency, Inc. JM Davidson, Ltd. JM Davidson, Inc. POLICY NUMBER P O Box 4639 Corpus Christi TX 78469 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it—Waiver of Transfer of Rights of Recovery Against Others to Us—Form ECG 24 506 06/15. General Liability policy includes a blanket automatic Additional Insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status—Additional Insured—Owners, Lessees or Contractors— Scheduled Person or Organization—Form CG 20 10 10/01 and Additional Insured-Owners, Lessees or Contractors—Completed Operations—Form CG 20 37 10/01. The General Liability policy includes: Primary& Non-Contributory—Your Ongoing and/or Completed Operations—Form ECG 24 588 12/15 $1,000,000 limit Contractor Pollution Liability Coverage—Occurrence Form—Form ECG 00 515 06/08 Contractual Liability—Railroads—Form CG 24 17 10/01 Non-Owned Watercraft Contractual Liability(footage limitation deleted)-Form ECG 24 529 09/14 The Auto policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it—Waiver of Transfer of Rights of Recovery Against Others to Us-Waiver of Subrogation-as required by written contract-Form ECA 24 503 02/14. The Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires it—Additional Insured-Designated Organization-as required by written contract-Form ECA 04 521 04/14. The Auto policy provides primary insurance for any covered accident involving an auto owned by the Named Insured—Business Auto Coverage Form CA 00 01 10/13. The Workers'Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it—Texas Waiver of Our Right to Recover from Others—Form WC420304B. The Work Comp policy includes Longshore and Harbor Workers'Compensation Act Coverage Endorsement—Form TM-LHW-2001 and Outer Continental Shelf Lands Act Coverage Endorsement—Form TM-OCS-2001. The$5M Excess Liability policy includes Waiver of Transfer of Rights of Recovery Against Others to Us—EUM 24 568 05/14 and follows form on the Additional Insured of the Underlying Insurance policies per Commercial Catastrophe Liability Coverage Form—Form EUM 00 502 06/08&Coverage B—Excess Liability— Occurrence Form—Form EUM 04 507 05/00. The$5M Excess Liability policy will follow the same provisions,exclusion and limitations that are contained in the applicable"controlling underlying insurance", unless otherwise directed by this insurance. The Controlling Underlying insurance policies are General Liability including Contractors Pollution Liability,Auto Liability and Employers Liability—Commercial Catastrophe Liability Coverage Form—Form EUM 00 502 06/08&Coverage B—Excess Liability—Occurrence Form—Form EUM 04 507 05/00. The$4M Excess Liability policy follows form of the$5M Excess Liability policy. The Hull/P&I policy includes a blanket automatic waiver of subrogation endorsement and additional insured endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it—Blanket Naming&Waiving—Form MAN-HUL0200129-1504,the Jones Act in the Protection and Indemnity Clauses—Form OMH 102 09/07,and Deletion of Other Than Owners Limitation(Primary&Non-Contributory)—Form MAN-H U L0200129-1903. The Hull/P&I policy has a$952,000 Total Insured Value for Hull&Machinery per schedule on file. The Hull/P&I policy includes$1,000,000 Each Accident Collision and/or Tower's Liability Endorsement-Form OMH 693 03/09. The$9,000,000 Each Accident& In the Aggregate Limit Excess P&I policy follows form of the underlying Hull/P&I policy on the Collision and/or Towers Liability- American Institute Following Form Excess Marine Liability Clauses-Form OMXL 102 10/14. The Vessel Pollution policy includes Additional Insured/Waiver of Subrogation as required by written contract-Manuscript Form and Primary& Non-Contributory-Manuscript Form. INSTALLATION FLOATER POLICY: Carrier: XL Specialty Insurance Company Policy Period: 12/31/20-12/31/21 Policy#UM00082147MA20A Installation Limit: $300,000 Workers'Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium—Texas Notice of Material Change Endorsement-Form WC 42 06 01. General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium—Notice of Cancellation by Us to Third Party—Form EIL 00 734 05/17. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 ECG 24 506 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLE POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by that person or organization to you, and only if that request is made prior to the date your operations for that person or organization commenced; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if that request is made prior to the date your operations for that person or organization commenced. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ECG 24 506 06 15 Copyright, Everest Reinsurance Company, 2015 Page 1 of 1 0 Includes copyrighted material of Insurance Services Office, Inc., with its permission DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 POLICY NUMBER: EN4ML00259-201 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that entered into a written contract with the Named Insured requiring such person(s) or organization(s) to be named as an additional insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions (2) That portion of"your work" out of which the injury or damage arises has been This insurance does not apply to "bodily inju- put to its intended use by any person or ry" or"property damage" occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 ❑ DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 POLICY NUMBER: EN4ML00259-201 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that entered into a written contract with the Named Insured requiring such person(s) or organization(s)to be included as an additional insured. Location And Description of Completed Operations: Any location for which the Named Insured's work was performed for such person(s)or organization(s)for any completed operations. Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CG 20 37 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 ❑ DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 COMMERCIAL AUTO ECA 24 503 02 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person or Organization: ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. THE WRITTEN CONTRACT MUST BE SIGNED PRIOR TO THE DATE OF THE "ACCIDENT'. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for an "accident' or "loss", provided that you are required under a written agreement to waive your rights of recovery. The written agreement must be made prior to the date of the "accident' or"loss". This waiver applies only to the person or organization shown in the Schedule above. ECA 24 503 02 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 0 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. INSURED COPY DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 COMMERCIAL AUTO ECA 04 521 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART SCHEDULE Name Of Additional Insured Organization ALL ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE NAMED AS AN ADDITIONAL INSURED ON THIS POLICY WITH REGARD TO THEIR OPERATION, MAINTENANCE, OR USE OF A COVERED "AUTO". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to the Who Is An Insured B. Is executed after the date of"loss". paragraph under Section II—Liability Coverage: This paragraph does not apply if: The organization shown in the Schedule with respect 1. The terms and conditions of the written to the operation, maintenance, or use of a covered "insured contract" had been agreed upon prior "auto" if you are required to add such organization to to the"accident" or"loss"; and this policy as an additional insured in order to comply 2. You can definitively establish that the terms with the terms of a written "insured contract" or written and conditions of the written "insured contract" agreement. This does not apply when such contract ultimately executed are the same as those or agreement: which had been agreed upon prior to the A. Involves the owner or anyone else from whom you "accident" or"loss". hire or borrow a covered "auto" unless it is a "trailer" connected to a covered "auto"you own; or ECA 04 521 04 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission INSURED COPY DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Te4lxmmutuar WORKERS" OMPENSATIOIN INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRISTI P.O. BOX 9277 CORPUS CHRISTI, TX 78469 US This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 4/22/21 at 12:01 a.m.standard time,forms a part of: Policy no. 0001178994 of Texas Mutual Insurance Company effective on 4/22/21 Issued to: J M DAVIDSON LTD DBA: JM DAVIDSON INC This is not a bill Authorized representative NCCI Carrier Code: 29939 4/15/21 PO Box 12058,Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax (800)359-0650 WC 42 06 01 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Te4lxmmutuar WORKERS" OMPENSATIOIN INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 4/22/21 at 12:01 a.m.standard time,forms a part of: Policy no. 0001178994 of Texas Mutual Insurance Company effective on 4/22/21 Issued to: J M DAVIDSON LTD DBA: JM DAVIDSON INC This is not a bill Authorized representative NCCI Carrier Code: 29939 4/15/21 PO Box 12058,Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax (800)359-0650 WC 42 03 04 B DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 INTERLINE EIL 00 734 05 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION BY US TO THIRD PARTY - BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL CATASTROPHE LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART EVEREST SITE POLLUTION (ESPT°d) LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART MOTOR VEHICLE POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART SITE SPECIFIC POLLUTION LIABILITY COVERAGE PART Schedule 30 days before the effective date of cancellation by us we will mail or deliver notice to any third party identified in the list you have provided to us. The following Condition is added to the policy: You agree that as a condition precedent for us Notice of Cancellation by Us to Third Party providing such notice, you will: 1. If we cancel this policy, notice of cancellation a. Provide us with a complete list of each third of not less than the number of days shown in party, including appropriate designees and the Schedule will be mailed or delivered to complete mailing addresses; any third party identified in the list you have b. Provide the list to us no less than 7 days from provided to us as described below. the date we request it; and 2. We will mail or deliver our notice to the third c. Notify us of any changes to the list within 5 party at the address shown in the list you business days of such change. have provided to us. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. We will not notify the third party if cancellation is at your request. 5. We will not notify the third party in the event of non-renewal. 6. We will not notify any third party not contained on the list you have provided to us. 7. Our failure to notify the third party does not invalidate cancellation as respects you. EIL 00 734 05 17 Copyright, Everest Reinsurance Company, 2017 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 COMMERCIAL AUTO ECA 02 505 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION BY US TO THIRD PARTY - BLANKET This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Schedule 30 days before the effective date of cancellation by us we will mail or deliver notice to any additional insured or"certificate holder" under this Coverage Part: The following Condition is added to the policy: You agree that as a condition precedent for us Notice of Cancellation By Us To Third Party providing such notice, you will: 1. If we cancel this policy for any reason other a. Provide us with a complete list of each than non-payment of premium, notice of additional insured or "certificate" holder, cancellation of not less than the number of including appropriate designees and days shown in the Schedule will be mailed or complete mailing addresses; delivered to any third party identified in the list b. Provide the list to us no less than 7 days from you have provided to us as described below. the date we request it; and 2. We will mail or deliver our notice to the third c. Notify us of any changes to the list within 5 party at the address shown in the list you business days of such change. have provided to us. 3. If notice is mailed, proof of mailing will be For the purpose of this endorsement, "certificate" sufficient proof of notice. shall mean a certificate of insurance issued as 4. We will not notify the third party if cancellation evidence of this insurance. is at your request. 5. We will not notify the third party in the event of non-renewal. 6. We will not notify the third party if cancellation is due to non-payment of premium. 7. We will not notify any third party not contained on the list you have provided to us. 8. Our failure to notify the third party does not invalidate cancellation as respects you. ECA 02 505 04 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission INSURED COPY DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Te4lxmmutuar WORKERS" OMPENSATIOIN INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 4/22/21 at 12:01 a.m.standard time,forms a part of: Policy no. 0001178994 of Texas Mutual Insurance Company effective on 4/22/21 Issued to: J M DAVIDSON LTD DBA: JM DAVIDSON INC This is not a bill Authorized representative NCCI Carrier Code: 29939 4/15/21 PO Box 12058,Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax (800)359-0650 WC 42 03 04 B DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Te4lxmmutuar WORKERS" OMPENSATIOIN INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRISTI P.O. BOX 9277 CORPUS CHRISTI, TX 78469 US This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 4/22/21 at 12:01 a.m.standard time,forms a part of: Policy no. 0001178994 of Texas Mutual Insurance Company effective on 4/22/21 Issued to: J M DAVIDSON LTD DBA: JM DAVIDSON INC This is not a bill Authorized representative NCCI Carrier Code: 29939 4/15/21 PO Box 12058,Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax (800)359-0650 WC 42 06 01 ® NOTICE OF AWARD ix PROCUREMENT Contractor: JM Davidson, Ltd. Project: Salt Flats Levee Improvements Project No. E17117 PO Box 9277 Corpus Christi This notice serves as confirmation of award of the referenced Project, to your firm, by the Corpus Texas, 78469-9277 Christi City Council on November 9 2021 in the amount of$903,679.00. Contractor is instructed to Phone: execute all necessary forms and submit all required documentation as outlined in solicitation. 361.826.3160 All required Form 1295, insurance and bond submittals are due back to this office within 10 calendar days of receipt. The following document submittals are required to prepare 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 Lois Hinojosa, Construction Contracts Administrator, if you have any questions regarding this information. Jo Chronley Date Assistant Direct0 Procurement RETURN DOCUMENTS TO: Lois Hinojosa—Construction Contracts Administrator City of Corpus Christi—Contracts and Procurement 1201 Leopard St. -City Hall, First Floor Corpus Christi, TX 78469-9277 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 00 61 13 PERFORMANCE BOND BOND NO. C3264296 Contractor as Principal Surety Name: JM DAVIDSON, LTD. Name: The Cincinnati Casualty Company Mailing address (principal place of business): Mailing address(principal place of business): 2564 CR 1960 A 6200 South Gilmore Road Aransas Pass,TX 78336 Fairfield,Ohio 45014-5441 Physical address(principal place of business): Owner 6200 South Gilmore Road Name: City of Corpus Christi,Texas Fairfield,Ohio 45014-5441 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: Ohio 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): Project No. E17117 513-870-2000 Salt Flats Levee Improvements Telephone(for notice of claim): 1 800 635 7521 Local Agent for Surety Name: HigginbothaminsuranceAgency Award Date of the Contract: November 9, 2021 Address: 500 N.Shoreline Blvd. 1200 Corpus Christi,TX 784031 Contract Price: $903,679.00 Bond Telephone: 361-561-4253 Email Address: aendris@higginbotham.net Date of Bond: November 19th,2021 The address of the surety company to which any notice of claim should be sent may be obtained C (Date 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 Salt Flats Levee Improvements Project No. E17117 6/11/2021 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal JM Davids ,LTD Surety The Cincinna' a ualty Co pany Signature: gyp- yy Signature: Name: Y,'i 141 �r -00" ill�;c �� Name: Tricia Balolong Title: Title: Attorney in Fact Email Address: J( tv^ � u � (� y i � �0Email Address: tbalolong@higginbotham.net (Attach Power of Attorney and place surety seal below) U�5,':--CINCINNATI, oati C END OF SECTION Performance Bond 006113-2 Salt Flats Levee Improvements Project No. E17117 6/11/2021 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 00 61 16 PAYMENT BOND BOND NOc3264296 Contractor as Principal Surety Name: JM DAVIDSON, LTD. Name: The Cincinnati Casualty Company Mailing address (principal place of business): Mailing address(principal place of business): 2564 CR 1960 Aransas Pass,TX 78336 6200 South Gilmore Road Fairfield,Ohio 45014-5441 Physical address (principal place of business): Owner 6200 South Gilmore Road Name: City of Corpus Christi,Texas Fairfield,Ohio 45014-5441 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: Ohio 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): Project No. E17117 Salt Flats Levee Improvements 513-870-2000 Telephone(for notice of claim): 1 800 635 7521 Local Agent for Surety Name:Higginbotham Insurance Agency Award Date of the Contract: November 9,2021 Address: 500 N.Shoreline Blvd.1200 Corpus Christi,TX 784031 Contract Price: $903,679.00 Bond Telephone: 361-561-4253 Email Address: aendris@higginbotham.net Date of Bond: November 19th,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 6116-1 Salt Flats Levee Improvements Project No. E17117 6/11/2021 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal JM Davidson TD Surety The Cincinnati Ca u Ity Corn an Signature: Signature: t Name: � � t , Name: Tricia Balolong Title: VP bf, D Pey'O r,t.A o n Title: Attorney in Fact Email Address: Cf fYl�,y�t��sd"a ( lY�. VIGI�O'Y) (4M Email Address: tbalolong@higginbotham.net (Attach Power of Attorney and place surety seal below) i OCINCINNATI, 0 . 10 0 . OHIO END OF SECTION Payment Bond Form 006116-2 Salt Flats Levee Improvements Project No. E17117 6/11/2021 DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 CIHNCINNATI INSURANCE COMPANIES SURETY BOND SEAL ADDENDUM The CINCINNATI CASUALTY COMPANY Due to logistical issues associated with the use of traditional seals during the COVID-19 pandemic, The Cincinnati Casualty Company ("Cincinnati") has authorized its Attorneys-in-Fact to affix Cincinnati's corporate seal to any bond executed on behalf of Cincinnati by any such Attorney-in-Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond that is executed on behalf of Cincinnati by its Attorney-in-Fact, Cincinnati hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. Dated this 24th day of March, 2020. The Cincinnati Casualty Company CINCINNATI, -o N OHIO ;a Y Stephen A. Ventre, Senior Vice President DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY Fairfield,Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY COMPANY,corporations organized under the laws of the State of Ohio, and having their principal offices in the City of Fairfield, Ohio (herein collectively called the"Companies"), do hereby constitute and appoint William Blanchard;Katie Rogers;James R. Reid;William Mitchell Jennings;Aaron Endris; Tricia Balolong;Payton Blanchard;Lindsay Senior Gingras;Jessica Turner and/or Allison Cantu Of Fort Worth,Texas their true and legal Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign,execute, seal and deliver on behalf of the Companies as Surety, any and all bonds, policies, undertakings or other like instruments,as follows: Any such obligations in the United States,up to Fifty Million and No/100 Dollars($50,000,000.00. This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati Insurance Company and The Cincinnati Casualty Company,which resolutions are now in full force and effect, reading as follows: RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in-Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary and the Seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS WHEREOF,the Companies have caused these presents to be sealed with their corporate seals,duly attested by their President or a Vice President this 19th day of December,2018. •at\Intuty• •sU(atu•// 6 ro :CORPORATE: a`(ORPORATE s THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY OHIO OHIO STATE OF OHIO )SS: COUNTY OF BUTLER ) Vice President On this 19th day of December, 2018 before me came the above-named President or Vice President of The Cincinnati Insurance Com- pany and The Cincinnati Casualty Company,to me personally known to be the officer described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of sa' corporations. •o`�pR I A L SF o,••• Keith CoJ14tt,Attorney at Law •sr t o•• Notary Public—State of Ohio q ,,\ (My commission has no expiration date. ••.••PF O F 0 .aaaa. Section 147.03 O.R.C. I,the undersigned Secretary or Assistant Secretary of The Cincinnati Insurance Company and The Cincinnati Casualty Company, hereby certify that the above is the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Power of Attorney is still in full force and effect. Given under my hand and seal of said Companies at Fairfield, Ohio, this 19th day of November, 2021 •st\lmvanp oiU Gtu•//r ° o `• a I ..`CORPORATE -c CORPORATE`; _ � SEAL ' ` SEAL ' OHIO OHIO Secretary BN-1457(12/18) DocuSign Envelope ID:428E7C71-CEC9-4050-A412-A69E888EAOC4 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call our toll-free telephone number for information or to make a complaint at: 1-800-635-7521 You may also write to us at: The Cincinnati Insurance Companies or The Cincinnati Insurance Companies 6200 South Gilmore Road P.O. Box 145496 Fairfield,Ohio 45014 -5141 Cincinnati,Ohio 45250-5496 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin,TX 78714-9104 FAX#(512)475-1771 Web: http://www.tdi.state.tx.us E-mail:ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES:Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. IA 4332 TX 11 09