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C2022-201 - 8/9/2022 - Approved
DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 GO ©� v Pro is 1852 00 52 23 AGREEMENT This Agreement,for the Project awarded on August 9,2022, is between the City of Corpus Christi(Owner) and A. Ortiz Construction& Paving, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: South Oso Parkway from South Staples Street to South Oso Parkway Prosect No. 18040A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Eneineerine 1608 S. Brownlee Blvd Corpus Christi,Texas 78404 ttiffin@munozenere.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel. PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Road#5 Corpus Christi,Texas 78411 BrettvH@cctexas.com ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 300 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 330 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 Project No. 18040A—South Oso Parkway(S.Staples St.to S. Oso Parkway) Rev 12/2021 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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$1.000.00 for each daythat 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$1.000.00 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 $ 1,328,913.55 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 Project No. 18040A—South Oso Parkway(S.Staples St.to S. Oso Parkway) Rev 12/2021 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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, 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 CAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 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. 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; Agreement 005223-3 Project No. 18040A—South Oso Parkway(S.Staples St.to S. Oso Parkway) Rev 12/2021 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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. 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. Agreement 005223-4 Project No. 18040A—South Oso Parkway(S.Staples St.to S. Oso Parkway) Rev 12/2021 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Solicitation documents. 2. Specifications,forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. b. Include Wastewater CD Exhibit if Project pertains to SSO CD work. C. List others as necessary. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Project No. 18040A—South Oso Parkway(S.Staples St.to S. Oso Parkway) Rev 12/2021 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 ARTICLE 10-CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI DocuSigned by: DocuSigned by: , w 99/z/zozz /z/2022 37A77B20 1947 . 3E40 BA054D2.. e ecca uer a Je rey monds, P.E. City Secretary Director of Engineering Services Res.032826 AUTHORIZED 8-9-2022 APPROVED AS TO LEGAL FORM: BY COUNCIL DocuSigned by: :L^`( fAJI7qr 9/1/2022 RH/SB Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR A. Ortiz Construction & Paving, Inc. DocuSigned by: 8/26/2022 (Seal Below) By: Note: Attach copy of authorization to sign if Title: E§�faaFj4C6D149E... person signing for CONTRACTOR is not President Vice President Chief Executive Officer, or Chief 102 Airport Road Financial Officer Address Corpus Christi Texas 78418 City State Zip 361-882-2122 N/A Phone Fax aortizpav@sbcglobal.net EMail END OF SECTION Agreement 005223-6 Project No. 18040A-South Oso Parkway(S.Staples St.to S. Oso Parkway) Rev 12/2021 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 -kway) Report Created On:3/30/22 8:24:00 PM BID TOTALS BASE BID Total Part A-General $350,338.30 Part B-Street Improvements $436,802.10 Part C-ADA Improvements $90,762.00 Part D-Storm Water Improvements $167,394.15 Part E-Water Improvements $15,225.00 Part F-Gas Improvements $6,825.00 Part G-Alternate 1 Bid $261,567.00 Total $1,328,913.55 Part A-General No. Description Unit Qty Unit Price Ext Price Al MOBILIZATION (5% MAX OF PART A) LS 1 $16,682.16 $16,682.16 A2 BONDS AND INSURANCE AL 1 $62,856.14 $62,856.14 A3 STORM WATER POLLUTION LS 1 $2,500.00 $2,500.00 PREVENTION PLAN A4 SITE CLEARING AND GRUBBING AC 2 $36,300.00 $72,600.00 A5 FIBER FILTRATION TUBE LF 80 $30.00 $2,400.00 A6 REINFORCED FILTER FABRIC FENCE LF 480 $7.50 $3,600.00 A7 STRAW BALE FENCE LF 25 $25.00 $625.00 A8 INLET PROTECTION BARRIER EA 3 $125.00 $375.00 A9 GRATE PROTECTION BARRIER EA 3 $150.00 $450.00 A10 STABILIZED CONSTRUCTION ENTRANCE EA 1 $1,500.00 $1,500.00 /EXIT All RE-VEGETATION (HYDROMULCH) SY 2280 $1.25 $2,850.00 Al2 RE-VEGETATION (SOD) SY 2020 $13.00 $26,260.00 A13 TRAFFIC CONTROL PLAN AND EA 1 $2,500.00 $2,500.00 PREPARATION A14 TRAFFIC CONTROL MOBILIZATION/ EA 1 $1,500.00 $1,500.00 ADJUSTMENTS A15 TRAFFIC CONTROL DEVICES MTH 4 $500.00 $2,000.00 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 -kway) Report Created On:3/30/22 8:24:00 PM A16 OZONE ACTION DAY EA 4 $10.00 $40.00 A17 ARROW BOARDS EA 1 $1,000.00 $1,000.00 A18 MESSAGE BOARDS EA 2 $7,050.00 $14,100.00 A19 PAVEMENT REPAIR-SOUTH OSO SY 2730 $50.00 $136,500.00 PARKWAY- POTHOLE, RUTTING, ETC. Subtotal:$350,338.30 Part B-Street Improvements No. Description Unit Qty Unit Price Ext Price B1 MOBILIZATION (5% MAX OF PART B) LS 1 $20,800.10 $20,800.10 B2 REMOVE-EXIST CONC DRIVEWAY SF 360 $7.00 $2,520.00 B3 REMOVE-EXIST STREET(HMACP, BASE, SY 1250 $10.00 $12,500.00 SUBGRADE) B4 REMOVE SM RD SN SUP&AM EA 6 $100.00 $600.00 B5 REMOVE AND REINSTALL-EXISTING LF 40 $65.00 $2,600.00 WROUGHT IRON FENCE B6 STREET EXCAVATION SY 3050 $7.50 $22,875.00 B7 PAVEMENT TYPE D-LIME STABILIZED SY 3050 $15.00 $45,750.00 SUBGRADE(1-FT BEYOND BOC)-8-INCH B8 PAVEMENT TYPE D-TYPE A, GRADE 1-2 SY 3050 $21.00 $64,050.00 LIMESTONE BASE(1-FT BEYOND BOC)- 6-INCH B9 PAVEMENT TYPE D-HMAC-TYPE B- SY 2560 $40.00 $102,400.00 5.0-INCH B10 PAVEMENT TYPE D-HMAC-TYPE D- SY 2560 $18.00 $46,080.00 2.0-INCH B11 PAVEMENT TYPE D-PRIME COAT(0.20 GAL 610 $5.00 $3,050.00 GAL/SY) B12 PAVEMENT TYPE D-TACK COAT(0.15 GAL 460 $5.00 $2,300.00 GAL/SY) B13 12-FOOT PARABOLIC ASPHALT EA 3 $3,500.00 $10,500.00 CONCRETE PAVEMENT SPEED HUMP B14 FURNISH AND INSTALL ROADSIDE EA 24 $742.50 $17,820.00 TRAFFIC SIGN AND SIGN SUPPORT ASSEMBLY(TRIANGULAR SLIPBASE) B15 CONCRETE DRIVEWAY SF 1600 $15.00 $24,000.00 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 -kway) Report Created On:3/30/22 8:24:00 PM B16 CURB TAPER 2:1 EA 2 $300.00 $600.00 B17 PAVEMENT REPAIR-HMAC SURFACE SF 230 $30.00 $6,900.00 (REMOVE AND PLACE) B18 REFL PAV MRK TY 1 (W)8"(SLD)(090MIQ LF 155 $8.00 $1,240.00 B19 REFL PAV MRK TY 1 (W)12"(SLD)(090MIQ LF 115 $15.00 $1,725.00 B20 REFL PAV MRK TY C(W)24"(SLD)(090 LF 65 $25.00 $1,625.00 MIL) B21 REFL PAV MRK TY C(W)24"(SLD)(125MIL) LF 40 $15.50 $620.00 B22 REFL PAV MRK TY 1(Y)4"(SLD)(090MIQ LF 920 $1.50 $1,380.00 B23 REFL PAV MRK TY 1(Y)24"(SLD)(090MIQ LF 100 $27.00 $2,700.00 B24 PREF PAV MRK TY C-(W)(WORD"ONLY") EA 2 $350.00 $700.00 B25 PREF PAV MRK TY C-(W)(LEFT TURN EA 2 $250.00 $500.00 ARROW) B26 PREF PAV MRK TY C-(W)(STRAIGHT AND EA 2 $375.00 $750.00 RIGHT TURN ARROW) B27 RAISED PAV MRK TY-I-C EA 8 $11.00 $88.00 B28 REFL REFL PAV MRK TY II A-A EA 63 $9.00 $567.00 B29 REFL REFL PAV MRK TY II B-B EA 1 $22.00 $22.00 B30 2"SCH 40 PVC WITH PULL WIRE LF 200 $23.00 $4,600.00 B31 12"x23"x11"TXDOT TYPE A PULL BOX EA 3 $980.00 $2,940.00 B32 STREET LIGHT-TYPE A EA 2 $3,500.00 $7,000.00 B33 ALLOWANCE FOR UNANTICIPATED AL 1 $25,000.00 $25,000.00 STREET IMPROVEMENTS Subtotal:$436,802.10 Part C-ADA Improvements No. Description Unit Qty Unit Price Ext Price C1 MOBILIZATION (5% MAX OF PART C) LS 1 $4,322.00 $4,322.00 C2 REMOVE-EXIST CONC SIDEWALK SF 1295 $5.00 $6,475.00 C3 REMOVE-EXIST HEADER CURB LF 6 $75.00 $450.00 C4 CONC ADA RAMP EA 4 $3,500.00 $14,000.00 C5 CONC SIDEWALK SF 6435 $9.00 $57,915.00 C6 SIDEWALK HEADWALL TYPE C LF 30 $30.00 $900.00 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 -kway) Report Created On:3/30/22 8:24:00 PM C7 ALLOWANCE FOR UNANTICIPATED ADA AL 1 $6,700.00 $6,700.00 IMPROVEMENTS Subtotal: $90,762.00 Part D-Storm Water Improvements No. Description Unit Qty Unit Price Ext Price D1 MOBILIZATION (5% MAX OF PART D) LS 1 $7,971.15 $7,971.15 D2 REMOVE-EXIST CONC GUTTER LF 25 $7.00 $175.00 D3 REMOVE-EXIST CONC CURB AND LF 182 $7.00 $1,274.00 GUTTER D4 REINFORCED CONCRETE PIPE(RCP) LF 64 $150.00 $9,600.00 CLASS III-18-inch D5 HIGH PERFORMANCE POLYPROPYLENE LF 492 $125.00 $61,500.00 PIPE(HP)-18-INCH D6 TRENCH SAFETY FOR STORM WATER LF 556 $6.50 $3,614.00 D7 CURB INLET(STANDARD)-5-FOOT EA 2 $2,500.00 $5,000.00 LENGTH D8 GRATE INLET EA 3 $3,500.00 $10,500.00 D9 PARKUSA SAFETY END TREATMENTS EA 1 $2,250.00 $2,250.00 (SET186) D10 STONE RIP RAP(TxDOT ITEM 432-TYPE SY 120 $50.00 $6,000.00 R) D11 RE-GRADING DITCH LF 450 $8.00 $3,600.00 D12 WROUGTH IRON FENCE EXTENTION EA 1 $3,500.00 $3,500.00 D13 6"CURB&GUTTER LF 1147 $30.00 $34,410.00 D14 ALLOWANCE FOR UNANTICIPATED AL 1 $18,000.00 $18,000.00 STORM WATER IMPROVEMENTS Subtotal:$167,394.15 Part E-Water Improvements No. Description Unit Qty Unit Price Ext Price E1 MOBILIZATION (5% MAX OF PART E) LS 1 $725.00 $725.00 E2 ADJUST-EXIST VALVE BOX HEIGHT EA 1 $1,500.00 $1,500.00 E3 ADJUST-EXIST 8"C900 PVC WATER LINE LF 100 $100.00 $10,000.00 CROSSING INCLUDE ALL FITTINGS DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 -kway) Report Created On:3/30/22 8:24:00 PM E4 TRENCH SAFETY FOR WATER UTILITY LF 100 $10.00 $1,000.00 E5 ALLOWANCE FOR UNANTICIPATED AL 1 $2,000.00 $2,000.00 WATER IMPROVEMENTS Subtotal: $15,225.00 Part F-Gas Improvements No. Description Unit Qty Unit Price Ext Price F1 MOBILIZATION (5% MAX OF PART F) LS 1 $325.00 $325.00 F2 ADJUST-EXIST GAS LINE CROSSING LF 100 $25.00 $2,500.00 INCLUDE ALL FITTINGS F3 TRENCH SAFETY FOR GAS UTILITY LF 100 $25.00 $2,500.00 F4 ALLOWANCE FOR UNANTICIPATED GAS AL 1 $1,500.00 $1,500.00 IMPROVEMENTS Subtotal: $6,825.00 Part G-Alternate 1 Bid No. Description Unit Qty Unit Price Ext Price G1 EXCAVATION SY 1335 $10.00 $13,350.00 G2 PAVEMENT TYPE D-LIME STABILIZED SY 1335 $15.00 $20,025.00 SUBGRADE(1-FT BEYOND BOC)-8-INCH G3 PAVEMENT TYPE D-TYPE A, GRADE 1-2 SY 1335 $21.00 $28,035.00 LIMESTONE BASE(1-FT BEYOND BOC)- 6-INCH G4 PAVEMENT TYPE D-HMAC-TYPE B- SY 1280 $40.00 $51,200.00 5.0-INCH G5 PAVEMENT TYPE D-HMAC-TYPE D- SY 1280 $18.00 $23,040.00 2.0-INCH G6 PAVEMENT TYPE D-PRIME COAT(0.20 GAL 267 $5.00 $1,335.00 GAL/SY) G7 PAVEMENT TYPE D-TACK COAT(0.15 GAL 201 $5.00 $1,005.00 GAL/SY) G8 CONCRETE WHEEL STOP EA 24 $150.00 $3,600.00 G9 REFL PAV MRK TY 2(Y)4"(SLD)(090MIL) LF 1306 $2.50 $3,265.00 G10 PREF PAV MRK TY C-(W)(ARROW) EA 4 $450.00 $1,800.00 G11 PREF PAV MRK TY II -(ACC PRK)(HBLU) LF 120 $2.00 $240.00 4"(SLD)(090MIL) DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 -kway) Report Created On:3/30/22 8:24:00 PM G12 PREF PAV MRK TY C-(ACC PRK)(ADA EA 2 $350.00 $700.00 SYMBOL) G13 FURNISH AND INSTALL ROADSIDE EA 6 $625.00 $3,750.00 TRAFFIC SIGN AND SIGN SUPPORT ASSEMBLY(TRIANGULAR SLIPBASE) G14 GRATE INLET EA 4 $3,500.00 $14,000.00 G15 HIGH PERFORMANCE POLYPROPYLENE LF 127 $125.00 $15,875.00 PIPE(HP)-18-INCH G16 REINFORCED CONCRETE PIPE(RCP) LF 204 $125.00 $25,500.00 CLASS III-18-inch G17 CONCRETE PAD AT GRATE INLETS SF 90 $15.00 $1,350.00 G18 STORM WATER POLLUTION LS 1 $1,500.00 $1,500.00 PREVENTION PLAN G19 SITE CLEARING AND GRUBBING AC 1 $35,000.00 $35,000.00 G20 REINFORCED FILTER FABRIC FENCE LF 350 $7.50 $2,625.00 G21 INLET PROTECTION BARRIER EA 4 $150.00 $600.00 G22 REVEGETATION (SOD) SY 444 $13.00 $5,772.00 G23 ADJUST-EXISTING 8"C900 PVC WATER LF 30 $100.00 $3,000.00 LINE CROSSING INCLUDE ALL FITTINGS G24 ALLOWANCE FOR UNANTICIPATED AL 1 $5,000.00 $5,000.00 ALTERNATE 1 BID IMPROVEMENTS Subtotal:$261,567.00 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 -kway) Report Created On:3/30/22 8:24:00 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE RFB 4080 PN 18040A Addendum#1 03/30/2022 15:26:32 PM DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 -kway) Report Created On:3/30/22 8:24:00 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Plans RFB 4080 PN 18040A Drawings 2/28/22 8:23:33 AM Invitation To Bid RFB 4080 PN 18040A Front Ends and 2/28/22 8:23:29 AM Specs Addenda RFB 4080 PN 18040A Addendum#1 3/24/22 9:08:30 AM O n > > -4 z Li T M CL (D CL V 0 m 3 o M rD CL Z m rD 3 0 00 z 3 0 3 m c i cr M, 0 no'. m m 0 CQ x su 0 0? L! T > 'o, I -. K o" Ln -M 1 0 0 C 60 0 z (D lu =1 0 0 D (D 00 n n 0- rmr 0 X rD LA. - M. — '> ti 9 CL M m n 0 CD N 0 0 mrn .0 M. m 3: Pt (D z 0 0 LI) m rD n 9 >N) :r CD CL m RL m > 00 (n C1 pm, 0 > 7 yyn rD M m CD 3 OO o e, (n C 0 X 000 W N MI N co 0 M cD M n O 0 0O 0 2 m a a aCY m o 0 a— 0 P. Z 4 ,, o O Z3. Z3, rt OJ =r tQ m O 0 w > >;o K UZn 0 0 Z3 CL Le >: UZ m Z3 rb m VQ z :K: iL, 0 m II 61, m m 5, alOl0) ;0: CL :3 z 0 0 w NJ a m r 0 (rQ rD W < Go m m 0 0 w ul DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 CONTRACT DOCUMENTS FOR CONSTRUCTION OF South Oso Parkway PROJECT NUMBER 18040A 1852 MUNOZ ENGINEERING, LLC 1608 S. Brownlee Boulevard Corpus Christi, Texas 78404 Office: (361) 946-4848 TBPE Firm No. F-12240 _�`�ttt� 12/17/2021 E ,r�P�� OF .................................../ THOMAS B. TIFFIN / /................................... / ,�,o. 1 1 1 7 3 3 �go Record Drawing Number STR 1004 CONFORMED/FINAL CONSTRUCTION DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Contracting Requirements 00 52 23E!2.t,!rm, ,!r,ti (Rev 8-2019) 00 72 00 General ConditIl' 1 S(Revs-2019) 00 73 00 , „ICS,IL II,bran, rr,ti, ,P, o,!r, ,ii;..... !r� (Rev 8-2019) Division 01 General Requirements 01 11 00 Shu...rmi-!rmi .p:. ... i:.. . .p."Ik (Rev 10-2018) 01 23 10 IIti e!r-!r)at es... rr.d.- IlllO. !r ices (Rev 10-2018) 01 29 01 Measurement !r�.d.....113 siis...:�:oll!....1� .�.rrm�rr�t (Reis-2019) 01 33 01 s brmiit al I e is r(Rev 10-2018) - 01 35 00 S.Recii 11 1 !!rocedu!r 21(Rev 10-2018) 01 50 00 11"' irm ua,o,P„ !rre IF; ,S,ii„Il,ii„ti,;,es and Controls,(Rev 8-2019) 01 57 00 11 Firm a,o,P„ !rre.... !r,ti„!!r,tills (Revs-2019) Table of Contents 000100- 1 South Oso Parkway—Project No. 18040A Rev 7/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 Division/ Title Section Part S Standard Specifications 022100 Select Material 022420 Silt Fence 025208 Soil-Cement Base (S-17) 025210 Lime Stabilization 025223 Crushed Limestone Flexible Base 025224 Asphalts, Oils, and Emulsions 025412 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement 025608 Inlets 025610 Concrete Curb and Gutter 025614 Concrete Curb Ramps 025620 Portland Cement Concrete 025802 Temporary Traffic Controls during Construction 025807 Pavement Markings 025816 Raised Pavement Markings 025818 Pavement Markers (Reflectorized) 025828 Bituminous Adhesive for Pavement Markers 026206 Ductile Iron Pipe Fittings 026210 PVC Pipe -AWWA 026402 Waterlines 026409 Tapping Sleeves and Tapping Valves 027402 Reinforced Concrete Pipe Culverts 027404 Concrete Box Culverts 028020 Seeding 028040 Sodding 028300 Fence Relocation 032020 Reinforcing Steel 038000 Concrete Structures 055420 Frames, Grates, Rings, &Covers END OF SECTION Table of Contents 000100-2 South Oso Parkway—Project No. 18040A Rev 7/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 3s 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: South Oso Parkway 18040A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering 1608 S. Brownlee Blvd Corpus Christi,Texas 78404ttiffin@munozengrg.com Note to Specifier: City will complete paragraph 2.02 upon award of contract. 2.02 The Owner's Authorized Representative for this Project is: To be Determined City of Corpus Christi—Engineering Services 4917 Holly Road#5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 300 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 330 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 South Oso Parkway—Project No. 18040A Rev 7/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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$1.000.00 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$1.000.00 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 $ 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 South Oso Parkway—Project No. 18040A Rev 7/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 CAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 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 South Oso Parkway—Project No. 18040A Rev 7/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 South Oso Parkway—Project No. 18040A Rev 7/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 South Oso Parkway—Project No. 18040A Rev 7/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Jeff Edmunds, P.E. City Secretary Director of Engineering AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Address City State Zip Phone Fax EMail END OF SECTION Agreement 005223-6 South Oso Parkway—Project No. 18040A Rev 7/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1—Definitions and Terminology.......................................................................................................9 1.01 Defined Terms...............................................................................................................................9 1.02 Terminology................................................................................................................................14 Article2—Preliminary Matters...................................................................................................................15 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................15 2.02 Copies of Documents..................................................................................................................15 2.03 Before Starting Construction ......................................................................................................15 2.04 Preconstruction Conference; Designation of Authorized Representatives................................16 Article 3—Contract Documents: Intent, Requirements, Reuse.................................................................16 3.01 Intent...........................................................................................................................................16 3.02 Reference Standards...................................................................................................................17 3.03 Reporting and Resolving Discrepancies......................................................................................18 3.04 Interpretation of the Contract Documents.................................................................................19 3.05 Reuse of Documents...................................................................................................................19 Article 4—Commencement and Progress of the Work..............................................................................19 4.01 Commencement of Contract Times; Notice to Proceed.............................................................19 4.02 Starting the Work........................................................................................................................19 4.03 Progress Schedule.......................................................................................................................19 4.04 Delays in Contractor's Progress..................................................................................................20 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................................................................21 5.01 Availability of Lands....................................................................................................................21 5.02 Use of Site and Other Areas........................................................................................................21 5.03 Subsurface and Physical Conditions............................................................................................22 5.04 Differing Subsurface or Physical Conditions...............................................................................22 5.05 Underground Facilities................................................................................................................24 5.06 Hazardous Environmental Conditions at Site .............................................................................25 Article 6—Bonds and Insurance .................................................................................................................27 6.01 Performance, Payment, and Other Bonds..................................................................................27 6.02 Licensed Sureties ........................................................................................................................27 General Conditions 007200-1 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 6.03 Required Minimum Insurance Coverage....................................................................................28 6.04 General Insurance Provisions......................................................................................................28 6.05 Contractor's Insurance................................................................................................................29 6.06 Property Insurance......................................................................................................................31 6.07 Waiver of Rights..........................................................................................................................33 6.08 Owner's Insurance for Project....................................................................................................33 6.09 Acceptable Evidence of Insurance..............................................................................................33 6.10 Certificate of Insurance...............................................................................................................34 6.11 Insurance Policies........................................................................................................................34 6.12 Continuing Evidence of Coverage...............................................................................................34 6.13 Notices Regarding Insurance ......................................................................................................34 6.14 Texas Workers' Compensation Insurance Required Notice .......................................................34 Article 7—Contractor's Responsibilities.....................................................................................................37 7.01 Supervision and Superintendence..............................................................................................37 7.02 Labor; Working Hours.................................................................................................................37 7.03 Services, Materials, and Equipment ...........................................................................................38 7.04 Concerning Subcontractors, Suppliers, and Others....................................................................38 7.05 Patent Fees and Royalties...........................................................................................................39 7.06 Permits........................................................................................................................................40 7.07 Taxes...........................................................................................................................................40 7.08 Laws and Regulations..................................................................................................................40 7.09 Safety and Protection .................................................................................................................41 7.10 Safety Representative.................................................................................................................41 7.11 Hazard Communication Programs..............................................................................................42 7.12 Emergencies................................................................................................................................42 7.13 Contractor's General Warranty and Guarantee .........................................................................42 7.14 INDEMNIFICATION......................................................................................................................43 7.15 Delegation of Professional Design Services................................................................................44 Article 8—Other Work at the Site...............................................................................................................45 8.01 Other Work.................................................................................................................................45 8.02 Coordination ...............................................................................................................................46 8.03 Legal Relationships......................................................................................................................46 Article 9—Owner's and OPT's Responsibilities...........................................................................................47 General Conditions 007200-2 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 9.01 Communications to Contractor..................................................................................................47 9.02 Replacement of Owner's Project Team Members......................................................................47 9.03 Furnish Data................................................................................................................................47 9.04 Pay When Due.............................................................................................................................47 9.05 Lands and Easements; Reports and Tests...................................................................................47 9.06 Insurance.....................................................................................................................................47 9.07 Modifications..............................................................................................................................47 9.08 Inspections,Tests, and Approvals...............................................................................................47 9.09 Limitations on OPT's Responsibilities.........................................................................................47 9.10 Undisclosed Hazardous Environmental Condition......................................................................47 9.11 Compliance with Safety Program................................................................................................48 Article 10—OAR's and Designer's Status During Construction ..................................................................48 10.01 Owner's Representative..........................................................................................................48 10.02 Visits to Site.............................................................................................................................48 10.03 Resident Project Representatives...........................................................................................48 10.04 Rejecting Defective Work........................................................................................................48 10.05 Shop Drawings, Modifications and Payments.........................................................................48 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................49 10.07 Limitations on OAR's and Designer's Authority and Responsibilities.....................................49 Article 11—Amending the Contract Documents; Changes in the Work ....................................................49 11.01 Amending and Supplementing the Contract Documents.......................................................49 11.02 Owner-Authorized Changes in the Work................................................................................50 11.03 Unauthorized Changes in the Work........................................................................................50 11.04 Change of Contract Price ........................................................................................................50 11.05 Change of Contract Times.......................................................................................................51 11.06 Change Proposals....................................................................................................................51 11.07 Execution of Change Orders ...................................................................................................51 11.08 Notice to Surety......................................................................................................................52 Article 12—Change Management ..............................................................................................................52 12.01 Requests for Change Proposal................................................................................................52 12.02 Change Proposals....................................................................................................................53 12.03 Designer Will Evaluate Request for Modification...................................................................54 12.04 Substitutions...........................................................................................................................54 General Conditions 007200-3 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 Article13—Claims.......................................................................................................................................55 13.01 Claims......................................................................................................................................55 13.02 Claims Process.........................................................................................................................55 Article 14—Prevailing Wage Rate Requirements.......................................................................................57 14.01 Payment of Prevailing Wage Rates.........................................................................................57 14.02 Records....................................................................................................................................57 14.03 Liability; Penalty; Criminal Offense.........................................................................................57 14.04 Prevailing Wage Rates.............................................................................................................58 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................58 15.01 Cost of the Work.....................................................................................................................58 15.02 Allowances..............................................................................................................................61 15.03 Unit Price Work.......................................................................................................................61 15.04 Contingencies..........................................................................................................................62 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................63 16.01 Access to Work........................................................................................................................63 16.02 Tests, Inspections and Approvals............................................................................................63 16.03 Defective Work .......................................................................................................................63 16.04 Acceptance of Defective Work................................................................................................64 16.05 Uncovering Work....................................................................................................................64 16.06 Owner May Stop the Work.....................................................................................................65 16.07 Owner May Correct Defective Work.......................................................................................65 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................66 17.01 Progress Payments..................................................................................................................66 17.02 Application for Payment.........................................................................................................67 17.03 Schedule of Values..................................................................................................................69 17.04 Schedule of Anticipated Payments and Earned Value............................................................70 17.05 Basis for Payments..................................................................................................................71 17.06 Payment for Stored Materials and Equipment.......................................................................71 17.07 Retainage and Set-Offs...........................................................................................................72 17.08 Procedures for Submitting an Application for Payment.........................................................72 17.09 Responsibility of Owner's Authorized Representative...........................................................73 17.10 Contractor's Warranty of Title................................................................................................74 17.11 Substantial Completion...........................................................................................................74 General Conditions 007200-4 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 17.12 Partial Utilization.....................................................................................................................75 17.13 Final Inspection.......................................................................................................................75 17.14 Final Application for Payment.................................................................................................75 17.15 Final Payment..........................................................................................................................76 17.16 Waiver of Claims.....................................................................................................................76 17.17 Correction Period....................................................................................................................76 Article 18—Suspension of Work and Termination.....................................................................................77 18.01 Owner May Suspend Work.....................................................................................................77 18.02 Owner May Terminate for Cause............................................................................................77 18.03 Owner May Terminate For Convenience................................................................................78 Article 19—Project Management...............................................................................................................79 19.01 Work Included.........................................................................................................................79 19.02 Quality Assurance ...................................................................................................................79 19.03 Document Submittal...............................................................................................................79 19.04 Required Permits ....................................................................................................................79 19.05 Safety Requirements...............................................................................................................80 19.06 Access to the Site....................................................................................................................80 19.07 Contractor's Use of Site..........................................................................................................80 19.08 Protection of Existing Structures and Utilities........................................................................81 19.09 Pre-Construction Exploratory Excavations..............................................................................81 19.10 Disruption of Services/Continued Operations........................................................................82 19.11 Field Measurements ...............................................................................................................82 19.12 Reference Data and Control Points.........................................................................................82 19.13 Delivery and Storage...............................................................................................................83 19.14 Cleaning During Construction.................................................................................................84 19.15 Maintenance of Roads, Driveways, and Access......................................................................84 19.16 Area Access and Traffic Control..............................................................................................85 19.17 Overhead Electrical Wires.......................................................................................................85 19.18 Blasting....................................................................................................................................85 19.19 Archeological Requirements...................................................................................................85 19.20 Endangered Species Resources...............................................................................................86 19.21 Cooperation with Public Agencies..........................................................................................86 Article 20—Project Coordination................................................................................................................86 General Conditions 007200-5 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 20.01 Work Included.........................................................................................................................86 20.02 Document Submittal...............................................................................................................86 20.03 Communication During Project...............................................................................................87 20.04 Project Meetings.....................................................................................................................87 20.05 Requests for Information........................................................................................................89 20.06 Decision and Action Item Log..................................................................................................89 20.07 Notification By Contractor......................................................................................................90 20.08 Record Documents..................................................................................................................90 Article 21—Quality Management...............................................................................................................92 21.01 Contractor's Responsibilities ..................................................................................................92 21.02 Quality Management Activities by OPT..................................................................................93 21.03 Contractor's Use of OPT's Test Reports..................................................................................94 21.04 Documentation .......................................................................................................................94 21.05 Standards ................................................................................................................................95 21.06 Delivery and Storage...............................................................................................................95 21.07 Verification Testing for Corrected Defects..............................................................................95 21.08 Test Reports............................................................................................................................95 21.09 Defective Work .......................................................................................................................96 21.10 Limitation of Authority of Testing Laboratory........................................................................96 21.11 Quality Control Plan................................................................................................................96 21.12 Implement Contractor's Quality Control Plan ........................................................................98 Article 22—Final Resolution of Disputes....................................................................................................99 22.01 Senior Level Negotiations .......................................................................................................99 22.02 Mediation................................................................................................................................99 Article 23—Minority/MBE/DBE Participation Policy................................................................................100 23.01 Policy.....................................................................................................................................100 23.02 Definitions.............................................................................................................................100 23.03 Goals......................................................................................................................................101 23.04 Compliance............................................................................................................................102 Article 24—Document Management........................................................................................................102 24.01 Work Included.......................................................................................................................102 24.02 Quality Assurance .................................................................................................................102 24.03 Contractor's Responsibilities ................................................................................................102 General Conditions 007200-6 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 24.04 Document Submittal.............................................................................................................103 24.05 Document Numbering ..........................................................................................................103 24.06 Document Requirements......................................................................................................104 Article25—Shop Drawings.......................................................................................................................105 25.01 Work Included.......................................................................................................................105 25.02 Quality Assurance .................................................................................................................105 25.03 Contractor's Responsibilities ................................................................................................105 25.04 Shop Drawing Requirements................................................................................................107 25.05 Special Certifications and Reports........................................................................................107 25.06 Warranties and Guarantees..................................................................................................108 25.07 Shop Drawing Submittal Procedures....................................................................................108 25.08 Sample and Mockup Submittal Procedures..........................................................................110 25.09 Equal Non Specified Products...............................................................................................111 25.10 Requests for Deviation..........................................................................................................111 25.11 Designer Responsibilities......................................................................................................112 25.12 Resubmission Requirements.................................................................................................114 Article26—Record Data ...........................................................................................................................115 26.01 Work Included.......................................................................................................................115 26.02 Quality Assurance .................................................................................................................115 26.03 Contractor's Responsibilities ................................................................................................115 26.04 Record Data Requirements...................................................................................................116 26.05 Special Certifications and Reports........................................................................................116 26.06 Warranties and Guarantees..................................................................................................117 26.07 Record Data Submittal Procedures.......................................................................................117 26.08 Designer's Responsibilities....................................................................................................118 Article 27—Construction Progress Schedule............................................................................................119 27.01 Requirements........................................................................................................................119 27.02 Document Submittal.............................................................................................................119 27.03 Schedule Requirements........................................................................................................119 27.04 Schedule Revisions................................................................................................................121 27.05 Float Time..............................................................................................................................121 Article 28—Video and Photographic documentation ..............................................................................122 28.01 Work Included.......................................................................................................................122 General Conditions 007200-7 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 28.02 Quality Assurance .................................................................................................................122 28.03 Document Submittal.............................................................................................................122 28.04 Photographs..........................................................................................................................123 28.05 Video Recording....................................................................................................................123 Article 29-Execution and Closeout.........................................................................................................123 29.01 Substantial Completion.........................................................................................................123 29.02 Final Inspections....................................................................................................................124 29.03 Reinspection Fees.................................................................................................................124 29.04 Closeout Documents Submittal ............................................................................................125 29.05 Transfer of Utilities ...............................................................................................................125 29.06 Warranties, Bonds and Service Agreements.........................................................................125 Article30-Miscellaneous........................................................................................................................126 30.01 Computation of Times...........................................................................................................126 30.02 Owner's Right to Audit Contractor's Records.......................................................................126 30.03 Independent Contractor.......................................................................................................127 30.04 Cumulative Remedies ...........................................................................................................127 30.05 Limitation of Damages..........................................................................................................127 30.06 No Waiver.............................................................................................................................127 30.07 Severability............................................................................................................................127 30.08 Survival of Obligations..........................................................................................................127 30.09 No Third Party Beneficiaries .................................................................................................128 30.10 Assignment of Contract.........................................................................................................128 30.11 No Waiver of Sovereign Immunity........................................................................................128 30.12 Controlling Law.....................................................................................................................128 30.13 Conditions Precedent to Right to Sue...................................................................................128 30.14 Waiver of Trial by Jury...........................................................................................................128 30.15 Attorney Fees........................................................................................................................128 30.16 Compliance with Laws...........................................................................................................128 30.17 Enforcement..........................................................................................................................129 30.18 Subject to Appropriation.......................................................................................................129 30.19 Contract Sum.........................................................................................................................129 30.20 Contractor's Guarantee as Additional Remedy....................................................................129 30.21 Notices. .................................................................................................................................129 General Conditions 007200-8 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 007200-9 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 10 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 11 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 3S. 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- 12 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 13 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 14 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 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 General Conditions 007200- 15 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 3. Schedule of Values and projected cash flow information. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions 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. 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. General Conditions 007200- 16 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations,whether specific or implied, are those in effect at the time Contractor's Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives 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. General Conditions 007200- 17 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 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. General Conditions 007200- 18 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual/administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 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. General Conditions 007200- 19 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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. General Conditions 007200-20 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 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. General Conditions 007200-21 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site,and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or General Conditions 007200-22 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect to the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. D. Possible Contract Price and Contract Times Adjustments: 1. Contractor is entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in Contractor's cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 15.03. 2. Contractor is not entitled to an adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of the subsurface or physical condition at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; b. The existence of the subsurface or physical condition could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or c. Contractor failed to give notice as required by Paragraph 5.04.A. 3. Contractor may submit a Change Proposal no later than 30 days after OAR's issuance of the OPT's statement to Contractor regarding the subsurface or physical condition in question. General Conditions 007200-23 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 4. A Change Order is to be issued by the OAR if Owner and Contractor agree that Contractor is entitled to an adjustment in the Contract Price or Contract Times and agree to the amount or extent of adjustments in the Contract Price or Contract Times. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Investigating and field-verifying the location of underground facilities before beginning Work; 2. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 3. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 4. Locating Underground Facilities shown or indicated in the Contract Documents; 5. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 6. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately, but in no event later than 3 days, if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. 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. General Conditions 007200-24 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 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. General Conditions 007200-25 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 4. Owner may order the portion of the Work that is in the area affected by the Hazardous Environmental Condition to be deleted from the Work following the procedures in Article 11 if Contractor does not agree to: a. Resume the Work based on a reasonable belief it is unsafe; or b. Resume the Work under the special conditions provided by the OAR. 5. Owner may have this deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. G. Contractor may submit a Change Proposal or Owner may impose a set-off if an agreement is not reached within 10 days of OAR's notice regarding the resumption of Work as to whether Contractor is entitled to an adjustment in Contract Price or Contract Times or on the amount or extent of adjustments resulting from this Work stoppage or special conditions under which Contractor agrees to resume Work. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or a Hazardous Environmental Condition uncovered or revealed at the Site. General Conditions 007200-26 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay, give notice or take other action to claimants under the Payment Bond. G. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 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. General Conditions 007200-27 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 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. General Conditions 007200-28 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 L. Include the Owner and list the other members of the OPT and any other individuals ore ntities 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 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 General Conditions 007200-29 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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: General Conditions 007200-30 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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, 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. General Conditions 007200-31 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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 General Conditions 007200-32 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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. General Conditions 007200-33 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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: 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. General Conditions 007200-34 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 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: General Conditions 007200-35 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 1. Provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by this section, with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of 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. General Conditions 007200-36 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 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 General Conditions 007200-37 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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. General Conditions 007200-38 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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.OS Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products,or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. Contractor is to include the cost associated with the use of patented or copyrighted products or processes, whether specified or selected by the Contractor, in the Contract Price. B. Contractor's obligation to indemnify Owner for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. General Conditions 007200-39 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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. General Conditions 007200-40 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 7.09 Safety and Protection A. Contractor is solely responsible for initiating,maintaining,and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury,or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments(OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.B caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. F. Comply with the applicable requirements of the Owner's safety program if required to do so in the Supplementary Conditions. A copy of the Owner's safety program will be provided in the Bidding Documents. 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. General Conditions 007200-41 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 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. General Conditions 007200-42 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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. 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. General Conditions 007200-43 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 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 General Conditions 007200-44 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor's design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer's review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer's review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor's Work. This other work may be performed by Owner's employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify Contractor of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to Contractor. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. E. Inspect the work of others and immediately notify OAR if the proper execution of part of Contractor's Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of Contractor's Work. Contractor's failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with Contractor's Work. This acceptance does not apply to latent defects or deficiencies in the work of others. General Conditions 007200-45 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority,and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT or other contractor retained by the City: 1. Damages the Work or property of Contractor's Team; 2. Delays, disrupts, or interferes with the execution of the Work;or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor's ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor's Team damages, delays, disrupts, or interferes with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner's contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors if damages, delays, disruptions, or interference occur. 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. General Conditions 007200-46 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. General Conditions 007200-47 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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. 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. General Conditions 007200-48 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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. 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 General Conditions 007200-49 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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. General Conditions 007200-50 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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, General Conditions 007200-51 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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. General Conditions 007200-52 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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. General Conditions 007200-53 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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. General Conditions 007200-54 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 excess of weather normally experienced over the entire duration of the Project, Contractor may make a Claim for an extension of the Contract Time for delays or disruptions due to unusually severe weather in excess of weather normally experienced at the job site, as determined from climatological data set forth by the National Weather Service and which affects the Project's critical path. Any time extension granted shall be non-compensatory. 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Except for Claims resulting from unusually severe weather, notice of a Claim by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 14 days after General Conditions 007200-55 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 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. General Conditions 007200-56 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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: General Conditions 007200-57 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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. 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, General Conditions 007200-58 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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; C. Costs of hand tools not owned by the workers consumed in the performance of the Work. Costs of hand tools not owned by the workers which are used but not consumed in the performance of the Work and which remain the property of Contractor, less their market value when Work is completed; d. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; e. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; f. Deposits lost for causes other than negligence of Contractor's Team; g. Royalty payments and fees for permits and licenses; General Conditions 007200-59 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 h. Cost of additional utilities,fuel, and sanitary facilities at the Site; i. Minor expense items directly required by the Work; and j. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office, for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 15.01.C.1 or specifically covered by Paragraph 15.01.C.4. These administrative costs are covered by the Contractor's fee. 2. Office expenses other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the actions of Contractor's Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor's fee. 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; General Conditions 007200-60 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 2) The Subcontractor's fee is 5 percent for costs incurred under Paragraph 15.01.C.4 for the Subcontractor that actually performs the Work at whatever tier; and 3) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor. d. No fee is payable on the basis of costs itemized under Paragraph 15.01.D; e. Five percent of the net decrease in the cost is to be deducted for changes which result in a net decrease in Contract Price; and 4. The adjustment in Contractor's fee is based on the net change in accordance with Paragraphs 15.05.13.1 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. G. Use the Rental Rate Blue Book to calculate cost of construction equipment. 15.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit,and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 15.02.13.1 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. General Conditions 007200-61 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR's decision on actual quantities is final and binding, subject to the provisions of Paragraph 15.03.E. E. Contractor may submit a Change Proposal,or Owner may file a Claim,seeking an adjustment in the Contract Price within 30 days of OAR's decision under Paragraph 15.03.D, if: 1. The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit 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. General Conditions 007200-62 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 D. Any contingency amounts that are not included in a Change Ordera re retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK 16.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor's safety procedures and programs as part of providing safe access. 16.02 Tests, Inspections and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work,- 6. ork;6. For re-inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 16.03 Defective Work A. It is Contractor's obligation to ensure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. General Conditions 007200-63 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner's special warranties or guarantees when correcting Defective Work. F. Pay claims, costs, losses,and damages arising out of or relating to Defective Work, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work;and 4. Costs of repair or replacement of work of others resulting from Defective Work. 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 General Conditions 007200-64 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 replacement of work of others resulting from the Defective Work if it is found that the uncovered Work is Defective. 16.06 Owner May Stop the Work A. Owner may order Contractor to stop the Work if: 1. The Work is Defective; 2. Contractor fails to supply sufficient skilled workers or suitable materials or equipment; or 3. Contractor performs Work that may fail to conform to the Contract Documents when completed. This stop work order is to remain in effect until the reason for the stop work order has been eliminated. Owner's right to stop the Work does not create a duty to exercise this right for the benefit of Contractor's Team or surety. 16.07 Owner May Correct Defective Work A. Owner may remedy deficiencies in the Work after 7 days' notice to Contractor if: 1. Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by OPT; 2. Contractor fails to perform the Work in accordance with the Contract Documents; or 3. Contractor fails to comply with other provisions of the Contract Documents. B. Owner may: 1. Exclude Contractor from the Site; 2. Take possession of the Work and suspend Contractor's services related to the Work; and 3. Incorporate stored materials and equipment in the Work. C. Allow OPT access to the Site and off Site storage areas to enable Owner to exercise the rights and remedies under this Paragraph 16.07. D. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 16.07 are to be charged against Contractor as a set-off against payments due under Article 17. These claims, costs, losses, and damages include costs of repair and the cost of replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's Defective Work. E. Contractor is not allowed an extension of the Contract Times because of delays in the performance of the Work attributable to the exercise of the Owner's rights and remedies under this Paragraph 16.07. General Conditions 007200-65 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 ARTICLE 17—PAYMENTS TO CONTRACTOR;SET-OFFS; COMPLETION; CORRECTION PERIOD 17.01 Progress Payments A. Progress payment requests are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in this Article 17. 1. Progress payments for lump sum Work are to be paid on the basis of the earned value to date at the amounts shown in the Schedule of Values submitted as required by Paragraph 17.03. Final payment will be for the total lump sum amount. 2. Progress payments for Unit Price Work are based on the number of units completed as determined under the provisions of Paragraph 15.03. 3. Progress payments for Work to be paid on the basis of the Cost of the Work per Paragraphs 15.01, 15.02 and 15.04 are to be paid for Work completed by Contractor during the pay period. B. Reduction in Payment by Owner: 1. Owner is entitled to impose a set-off against payment based on the following: a. Claims made against Owner or costs, losses,or damages incurred by Owner related to: 1) Contractor's conduct in the performance of the Work, including, but not limited to, workplace injuries, non-compliance with Laws and Regulations, or patent infringement; or 2) Contractor's failure to take reasonable and customary measures to avoid damage,delay, disruption,and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non-compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; c. Work is Defective, or completed Work has been damaged by Contractor's Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 16.07; e. The Contract Price has been reduced by Change Orders; f. Events have occurred that would constitute a default by Contractor justifying a termination for cause; 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; General Conditions 007200-66 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 j. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; k. Failure to provide Project photographs required by the Contract Documents; I. Failure to provide Certified Payroll required by the Contract Documents; m. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re-inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; n. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; o. OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; 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; General Conditions 007200-67 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 2. Installing Owner furnished equipment and materials; 3. Providing Work for Alternates and Allowances; 4. Commissioning, start-up,training and initial maintenance and operation; 5. Acceptance testing in manufacturer's facilities or on Site; 6. All home office overhead costs and expenses, including profit made directly or indirectly for the Project; 7. Project management, Contract administration, field office, and field operations staff, including supervision, clerical support, and technology system support; 8. Professional services including design fees, legal fees, and other professional services; 9. Bonds and insurance; 10. Permits, licenses, patent fees, and royalties; 11. Taxes; 12. Providing all documents and Samples required by the Contract Documents; 13. Facilities and equipment at the Site including: a. Field offices, office furnishings, and all related office supplies, software, and equipment, b. Storage facilities for Contractor's use, storage facilities for stored materials and equipment, including spare parts storage, c. Shops, physical plant, construction equipment, small tools, vehicles, technology and telecommunications equipment, d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site, e. Temporary facilities for power and communications, f. Potable water and sanitation facilities, and g. Mobilization and demobilization for all of these facilities and equipment; 14. Products, materials, and equipment stored at the Site or other suitable location; 15. Products, materials, and equipment permanently incorporated into the Project; 16. Temporary facilities for managing water, including facilities for pumping, storage, and treatment as required for construction and protection of the environment; 17. Temporary facilities for managing environment conditions and Constituents of Concern; 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; General Conditions 007200-68 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 21. Products, materials, and equipment consumed during the construction of the Project; 22. Contractor labor and supervision to complete the Project, including that provided through Subcontractors or Suppliers; 23. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents; 24. Risk associated with weather and environmental conditions, start-up, and initial operation of facilities including equipment, processes, and systems; 25. Contractor's safety programs, including management, administration, and training; 26. Maintenance of facilities, including equipment, processes, and systems until operation is transferred to Owner; 27. Providing warranties, extended or special warranties,or extended service agreements; 28. Cleanup and disposal of any and all surplus materials; and 29. Demobilization of all physical, temporary facilities not incorporated into the Project. B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price. C. Provide written approval of the surety company providing Bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. 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. General Conditions 007200-69 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor's overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. F. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other 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. General Conditions 007200-70 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 C. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed. 17.05 Basis for Payments A. Lump Sum Contracts: 1. Payment will be made for the earned value of Work completed during the payment period expressed as a percentage of Work completed for each line item during the payment period per the Contract Documents. 2. Payment amount is the value of Work completed per the Contract Documents multiplied by the percentage of Work completed. 3. Payment for lump sum items divided into an estimated number of units to determine earned value per Paragraph 17.03 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 17.06. 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. General Conditions 007200-71 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the tabulation of materials and equipment if this documentation is not provided. Payment will not be made for material and equipment without documentation of payment. C. Contractors can be paid for non-perishable materials on hand stored at the site, provided that invoices are furnished to the City for verification of the material value, and that Contractor provides documents, satisfactory to the City,that show that the material supplier has been paid for the materials delivered to the work site. D. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest. E. The Work covered by progress payments becomes the property of the Owner at the time of payment. The Contractor's obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until accepted in accordance with the General Conditions. F. Payment for materials and equipment does not constitute acceptance of the product. 17.07 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- General Conditions 007200-72 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. 4. Include Attachment B to show the earned value on line items for approved Change Orders. Add items to Attachment B as Change Orders are approved. Change Orders must be approved before payment can be made on Change Order items. 5. Include Attachment 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; General Conditions 007200-73 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. E. This representation is subject to: 1. Further evaluation of the Work as a functioning whole; 2. The results of subsequent tests called for in the Contract Documents; or 3. Any other qualifications stated in the recommendation. F. OPT does not represent by recommending payment: 1. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or 2. Other matters or issues between the parties that might entitle Contractor to additional compensation or entitle Owner to withhold payment to Contractor may or may not exist. G. Neither OPT's review of Contractor's Work for the purposes of recommending payments nor OAR's recommendation of payment imposes responsibility on OPT: 1. To supervise, direct, or control the Work; 2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs; 3. For Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; 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 007200-74 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 C. The OPT and Contractor are to meet to discuss Owner's use or occupancy of the Work following Substantial Completion. Items to be discussed at this meeting include: 1. Review of insurance policies with respect to the end of the Contractor's coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner; 2. Owner's assumption of responsibility for security, operation, protection of the Work, maintenance, and utilities upon Owner's use or occupancy of the Work; 3. Contractor's obligations for operations and maintenance during performance and acceptance testing; 4. Contractor's access to the Site to complete punch list items; and 5. Procedures for correction of Defective Work during the 1-year correction period. 17.12 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 17.11 forthis part ofthe Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 17.13 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 17.14 Final Application for Payment A. Include adjustments to the Contract Price in the final Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Allowances not previously adjusted by Change Order, 3. Deductions for Defective Work that has been accepted by the Owner, 4. Penalties and bonuses, 5. Deductions for liquidated damages, 6. Deduction for all final set-offs, and 7. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. General Conditions 007200-75 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-76 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-77 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 1S.OS; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. General Conditions 007200-78 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 007200-79 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-80 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-81 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-82 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-83 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-84 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-85 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 007200-86 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-87 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-88 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 farm 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 007200-89 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-90 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-91 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 6. Submit Record Documents to Designer for review and acceptance 30 days prior to Final Completion of the Project. E. Applications for Payment will not be recommended for payment if Record Documents are found to be incomplete or not in order. Final payment will not be recommended without complete Record Documents. ARTICLE 21—QUALITY MANAGEMENT 21.01 Contractor's Responsibilities A. Review the OPT's Quality Management Program and prepare and submit the Contractor's Quality Control Plan. B. Implement the Contractor's Quality Control Plan to control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents. 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 007200-92 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-93 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-94 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-95 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 2S. Use Contractor's Quality Control Plan Checklist provided to review the document before General Conditions 007200-96 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-97 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-98 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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 007200-99 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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- 100 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 101 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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- 102 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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- 103 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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- 104 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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- 105 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 106 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 107 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 108 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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- 109 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 110 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 111 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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- 112 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 113 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 114 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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- 115 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 116 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 117 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 118 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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- 119 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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- 120 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 121 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 122 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 123 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 124 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 125 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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- 126 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 127 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 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- 128 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 discrimination under any program or activity which receives or benefits from federal financial assistance. C. Comply with all applicable federal, state and city laws, rules and regulations. D. Each applicable provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein,and the Contract shall be read and enforced as though each were physically included herein. 30.17 Enforcement A. The City Manager or designee and the City Attorney or designee are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 30.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason, funds are not appropriated in any given year,the Owner may direct immediate suspension or termination of the Contract with no additional liability to the Owner. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contractor may request payment for reasonable demobilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 30.19 Contract Sum A. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total maximum not-to-exceed amount payable by Owner to Contractor for performance of the Work under the Contract Documents. Contractor accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the 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- 129 Corpus Christi Standards Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 Munoz Engineering, LLC Tolunay-Wong Engineers, Inc. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 Supplementary Conditions 007300- 1 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 3. A total of 43 rain days have been set for this Project. An extension of time due to rain days will be considered only after 43 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: a. Geotechnical Engineering Services 17101T South Oso Parkway — S. Staples St. to South Oso Parkway, Corpus Christi, Texas —Tolunay-Wong Engineers Project No. 19.53.039/Report No. 23356 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: "5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner." B. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard $1,000,000 Per Occurrence 4. Underground Hazard $2,000,000 Aggregate 5. Products/Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage Supplementary Conditions 007300-2 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 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 X Required X 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 X Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required X 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 Monday through Saturday from sun up to sun down unless other times or days are specifically authorized in writing by OAR. SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS Supplementary Conditions 007300-3 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SC-14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Determination Construction Type Project Type (WD) No TX21 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TX29 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction, bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Supplementary Conditions 007300-4 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 "GENERAL DECISION NUMBER:TX2022002101/07/2022 SUPERSEDED GENERAL DECISION NUMBER:TX20210021 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: CONTRACTS SUBJECT TO THE DAVIS-BACON ACT ARE GENERALLY REQUIRED TO PAY AT LEAST THE APPLICABLE MINIMUM WAGE RATE REQUIRED UNDER EXECUTIVE ORDER 14026 OR EXECUTIVE ORDER 13658. PLEASE NOTE THAT THESE EXECUTIVE ORDERS APPLY TO COVERED CONTRACTS ENTERED INTO BY THE FEDERAL GOVERNMENT THAT ARE SUBJECT TO THE DAVIS-BACON ACT ITSELF, BUT DO NOT APPLY TO CONTRACTS SUBJECT ONLY TO THE DAVIS-BACON RELATED ACTS, INCLUDING THOSE SET FORTH AT 29 CFR 5.1(A)(2)-(60). Supplementary Conditions 007300- 5 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 IF THE CONTRACT IS ENTERED INTO ON OR AFTER JANUARY 30, 2022, OR THE CONTRACT IS RENEWED OR EXTENDED(E.G.,AN OPTION IS EXERCISED)ON OR AFTER JANUARY 30, 2022, EXECUTIVE ORDER 14026 GENERALLY APPLIES TO THE CONTRACT.THE CONTRACTOR MUST PAY ALL COVERED WORKERS AT LEAST$15.00 PER HOUR(OR THE APPLICABLE WAGE RATE LISTED ON THIS WAGE DETERMINATION, IF IT IS HIGHER) FOR ALL HOURS SPENT PERFORMING ON THAT CONTRACT IN 2022. IF THE CONTRACT WAS AWARDED ON OR BETWEEN JANUARY 1, 2015 AND JANUARY 29, 2022,AND THE CONTRACT IS NOT RENEWED OR EXTENDED ON OR AFTER JANUARY 30, 2022, EXECUTIVE ORDER 13658 GENERALLY APPLIES TO THE CONTRACT.THE CONTRACTOR MUST PAY ALL COVERED WORKERS AT LEAST$11.25 PER HOUR(OR THE APPLICABLE WAGE RATE LISTED ON THIS WAGE DETERMINATION, IF IT IS HIGHER) FOR ALL HOURS SPENT PERFORMING ON THAT CONTRACT IN 2022. THE APPLICABLE EXECUTIVE ORDER MINIMUM WAGE RATE WILL BE ADJUSTED ANNUALLY. IF THIS CONTRACT IS COVERED BY ONE OF THE EXECUTIVE ORDERS AND A CLASSIFICATION CONSIDERED NECESSARY FOR PERFORMANCE OF WORK ON THE CONTRACT DOES NOT APPEAR ON THIS WAGE DETERMINATION,THE CONTRACTOR MUST STILL SUBMIT A CONFORMANCE REQUEST. ADDITIONAL INFORMATION ON CONTRACTOR REQUIREMENTS AND WORKER PROTECTIONS UNDER THE EXECUTIVE ORDERS IS AVAILABLE AT Supplementary Conditions 007300-6 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 WW W.DOL.GOV/WHD/GOVCONTRACTS. MODIFICATION NUMBER PUBLICATION DATE 0 01/07/2022 * SUTX1987-00112/01/1987 RATES FRINGES CARPENTER(EXCLUDING FORM SETTING......................................................$ 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 ---------------------------------------------------------------- Supplementary Conditions 007300-7 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 WELDERS- RECEIVE RATE PRESCRIBED FOR CRAFT PERFORMING OPERATION TO WHICH WELDING IS INCIDENTAL. ---------------------------------------------------------------- ---------------------------------------------------------------- NOTE: EXECUTIVE ORDER(EO) 13706, ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS APPLIES TO ALL CONTRACTS SUBJECT TO THE DAVIS-BACON ACT FOR WHICH THE CONTRACT IS AWARDED(AND ANY SOLICITATION WAS ISSUED) ON OR AFTER JANUARY 1,2017. IF THIS CONTRACT IS COVERED BY THE EO,THE CONTRACTOR MUST PROVIDE EMPLOYEES WITH 1 HOUR OF PAID SICK LEAVE FOR EVERY 30 HOURS THEY WORK, UP TO 56 HOURS OF PAID SICK LEAVE EACH YEAR. EMPLOYEES MUST BE PERMITTED TO USE PAID SICK LEAVE FOR THEIR OWN ILLNESS, INJURY OR OTHER HEALTH-RELATED NEEDS, INCLUDING PREVENTIVE CARE;TO ASSIST A FAMILY MEMBER(OR PERSON WHO IS LIKE FAMILY TO THE EMPLOYEE)WHO IS ILL, INJURED, OR HAS OTHER HEALTH-RELATED NEEDS, INCLUDING PREVENTIVE CARE; OR FOR REASONS RESULTING FROM, OR TO ASSIST A FAMILY MEMBER(OR PERSON WHO IS LIKE FAMILY TO THE EMPLOYEE)WHO IS A VICTIM OF, DOMESTIC VIOLENCE,SEXUAL ASSAULT, OR STALKING. ADDITIONAL INFORMATION ON CONTRACTOR REQUIREMENTS AND WORKER PROTECTIONS UNDER THE EO IS AVAILABLE AT WWW.DOL.GOV/WHD/GOVCONTRACTS. UNLISTED CLASSIFICATIONS NEEDED FOR WORK NOT INCLUDED WITHIN Supplementary Conditions 007300-8 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 THE SCOPE OF THE CLASSIFICATIONS LISTED MAY BE ADDED AFTER AWARD ONLY AS PROVIDED IN THE LABOR STANDARDS CONTRACT CLAUSES (29CFR 5.5 (A) (1) (II)). ---------------------------------------------------------------- THE BODY OF EACH WAGE DETERMINATION LISTS THE CLASSIFICATION AND WAGE RATES THAT HAVE BEEN FOUND TO BE PREVAILING FOR THE CITED TYPE(S)OF CONSTRUCTION IN THE AREA COVERED BY THE WAGE DETERMINATION.THE CLASSIFICATIONS ARE LISTED IN ALPHABETICAL ORDER OF ""IDENTIFIERS""THAT INDICATE WHETHER THE PARTICULAR RATE IS A UNION RATE (CURRENT UNION NEGOTIATED RATE FOR LOCAL), A SURVEY RATE (WEIGHTED AVERAGE RATE) OR A UNION AVERAGE RATE (WEIGHTED UNION AVERAGE RATE). UNION RATE IDENTIFIERS A FOUR LETTER CLASSIFICATION ABBREVIATION IDENTIFIER ENCLOSED IN DOTTED LINES BEGINNING WITH CHARACTERS OTHER THAN ""SU"" OR ""UAVG"" DENOTES THAT THE UNION CLASSIFICATION AND RATE WERE PREVAILING FOR THAT CLASSIFICATION IN THE SURVEY. EXAMPLE: PLUM0198-005 07/01/2014. PLUM IS AN ABBREVIATION IDENTIFIER OF THE UNION,WHICH PREVAILED IN THE SURVEY FOR THIS Supplementary Conditions 007300-9 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 CLASSIFICATION,WHICH IN THIS EXAMPLE WOULD BE PLUMBERS 0198 INDICATES THE LOCAL UNION NUMBER OR DISTRICT COUNCIL NUMBER WHERE APPLICABLE, I.E., PLUMBERS LOCAL 0198.THE NEXT NUMBER, 005 IN THE EXAMPLE, IS AN INTERNAL NUMBER USED IN PROCESSING THE WAGE DETERMINATION. 07/01/2014 IS THE EFFECTIVE DATE OF THE MOST CURRENT NEGOTIATED RATE,WHICH IN THIS EXAMPLE IS JULY 1, 2014. UNION PREVAILING WAGE RATES ARE UPDATED TO REFLECT ALL RATE CHANGES IN THE COLLECTIVE BARGAINING AGREEMENT(CBA)GOVERNING THIS CLASSIFICATION AND RATE. SURVEY RATE IDENTIFIERS CLASSIFICATIONS LISTED UNDER THE ""SU"" IDENTIFIER INDICATE THAT NO ONE RATE PREVAILED FOR THIS CLASSIFICATION IN THE SURVEY AND THE PUBLISHED RATE IS DERIVED BY COMPUTING A WEIGHTED AVERAGE RATE BASED ON ALL THE RATES REPORTED IN THE SURVEY FOR THAT CLASSIFICATION. AS THIS WEIGHTED AVERAGE RATE INCLUDES ALL RATES REPORTED IN THE SURVEY, IT MAY INCLUDE BOTH UNION AND NON-UNION RATES. EXAMPLE:SULA2012-007 5/13/2014.SU INDICATES THE RATES ARE SURVEY RATES BASED ON A WEIGHTED AVERAGE CALCULATION OF RATES AND ARE NOT MAJORITY RATES. LA INDICATES THE STATE OF LOUISIANA. 2012 IS THE YEAR OF SURVEY ON WHICH THESE CLASSIFICATIONS AND RATES ARE BASED.THE NEXT NUMBER,007 Supplementary Conditions 007300- 10 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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. Supplementary Conditions 007300- 11 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) HAS THERE BEEN AN INITIAL DECISION IN THE MATTER?THIS CAN BE: * AN EXISTING PUBLISHED WAGE DETERMINATION * A SURVEY UNDERLYING A WAGE DETERMINATION * A WAGE AND HOUR DIVISION LETTER SETTING FORTH A POSITION ON A WAGE DETERMINATION MATTER * A CONFORMANCE (ADDITIONAL CLASSIFICATION AND RATE) RULING ON SURVEY RELATED MATTERS, INITIAL CONTACT, INCLUDING REQUESTS FOR SUMMARIES OF SURVEYS,SHOULD BE WITH THE WAGE AND HOUR DIVISION NATIONAL OFFICE BRANCH OF WAGE SURVEYS. 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 Supplementary Conditions 007300- 12 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 WAGE AND HOUR DIVISION U.S. DEPARTMENT OF LABOR 200 CONSTITUTION AVENUE, N.W. WASHINGTON, DC 20210 2.) IF THE ANSWER TO THE QUESTION IN 1.) IS YES,THEN AN INTERESTED PARTY(THOSE AFFECTED BY THE ACTION) CAN REQUEST REVIEW AND RECONSIDERATION FROM THE WAGE AND HOUR ADMINISTRATOR (SEE 29 CFR PART 1.8 AND 29 CFR PART 7).WRITE TO: WAGE AND HOUR ADMINISTRATOR U.S. DEPARTMENT OF LABOR 200 CONSTITUTION AVENUE, N.W. WASHINGTON, DC 20210 THE REQUEST SHOULD BE ACCOMPANIED BY A FULL STATEMENT OF THE INTERESTED PARTY'S POSITION AND BY ANY INFORMATION (WAGE PAYMENT DATA, PROJECT DESCRIPTION,AREA PRACTICE MATERIAL, ETC.)THAT THE REQUESTOR CONSIDERS RELEVANT TO THE ISSUE. 3.) IF THE DECISION OF THE ADMINISTRATOR IS NOT FAVORABLE,AN INTERESTED PARTY MAY APPEAL DIRECTLY TO THE ADMINISTRATIVE REVIEW BOARD(FORMERLY THE WAGE APPEALS BOARD). WRITE TO: ADMINISTRATIVE REVIEW BOARD Supplementary Conditions 007300- 13 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 U.S. DEPARTMENT OF LABOR 200 CONSTITUTION AVENUE, N.W. WASHINGTON, DC 20210 4.)ALL DECISIONS BY THE ADMINISTRATIVE REVIEW BOARD ARE FINAL. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" Supplementary Conditions 007300- 14 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 "GENERAL DECISION NUMBER:TX20220029 01/07/2022 SUPERSEDED GENERAL DECISION NUMBER:TX20210029 STATE:TEXAS CONSTRUCTION TYPE: HIGHWAY COUNTIES:ARANSAS,CALHOUN, GOLIAD, NUECES AND SAN PATRICIO COUNTIES IN TEXAS. HIGHWAY CONSTRUCTION PROJECTS(EXCLUDING TUNNELS, BUILDING STRUCTURES IN REST AREA PROJECTS& RAILROAD CONSTRUCTION; BASCULE,SUSPENSION &SPANDREL ARCH BRIDGES DESIGNED FOR COMMERCIAL NAVIGATION, BRIDGES INVOLVING MARINE CONSTRUCTION; AND OTHER MAJOR BRIDGES). NOTE: CONTRACTS SUBJECT TO THE DAVIS-BACON ACT ARE GENERALLY REQUIRED TO PAY AT LEAST THE APPLICABLE MINIMUM WAGE RATE REQUIRED UNDER EXECUTIVE ORDER 14026 OR EXECUTIVE ORDER 13658. PLEASE NOTE THAT THESE EXECUTIVE ORDERS APPLY TO COVERED Supplementary Conditions 007300- 15 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 CONTRACTS ENTERED INTO BY THE FEDERAL GOVERNMENT THAT ARE SUBJECT TO THE DAVIS-BACON ACT ITSELF, BUT DO NOT APPLY TO CONTRACTS SUBJECT ONLY TO THE DAVIS-BACON RELATED ACTS, INCLUDING THOSE SET FORTH AT 29 CFR 5.1(A)(2)-(60). IF THE CONTRACT IS ENTERED INTO ON OR AFTER JANUARY 30, 2022, OR THE CONTRACT IS RENEWED OR EXTENDED(E.G.,AN OPTION IS EXERCISED)ON OR AFTER JANUARY 30, 2022, EXECUTIVE ORDER 14026 GENERALLY APPLIES TO THE CONTRACT.THE CONTRACTOR MUST PAY ALL COVERED WORKERS AT LEAST$15.00 PER HOUR(OR THE APPLICABLE WAGE RATE LISTED ON THIS WAGE DETERMINATION, IF IT IS HIGHER) FOR ALL HOURS SPENT PERFORMING ON THAT CONTRACT IN 2022. IF THE CONTRACT WAS AWARDED ON OR BETWEEN JANUARY 1, 2015 AND JANUARY 29, 2022,AND THE CONTRACT IS NOT RENEWED OR EXTENDED ON OR AFTER JANUARY 30, 2022, EXECUTIVE ORDER 13658 GENERALLY APPLIES TO THE CONTRACT.THE CONTRACTOR MUST PAY ALL COVERED WORKERS AT LEAST$11.25 PER HOUR(OR THE APPLICABLE WAGE RATE LISTED ON THIS WAGE DETERMINATION, IF IT IS HIGHER) FOR ALL HOURS SPENT PERFORMING ON THAT CONTRACT IN 2022. THE APPLICABLE EXECUTIVE ORDER MINIMUM WAGE RATE WILL BE ADJUSTED ANNUALLY. IF THIS CONTRACT IS COVERED BY ONE OF THE EXECUTIVE ORDERS AND A CLASSIFICATION CONSIDERED NECESSARY FOR PERFORMANCE OF WORK ON THE CONTRACT DOES NOT APPEAR ON THIS WAGE Supplementary Conditions 007300- 16 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 DETERMINATION,THE CONTRACTOR MUST STILL SUBMIT A CONFORMANCE REQUEST. ADDITIONAL INFORMATION ON CONTRACTOR REQUIREMENTS AND WORKER PROTECTIONS UNDER THE EXECUTIVE ORDERS IS AVAILABLE AT WW W.DOL.GOV/WHD/GOVCONTRACTS. MODIFICATION NUMBER PUBLICATION DATE 0 01/07/2022 * SUTX2011-010 08/08/2011 RATES FRINGES CEMENT MASON/CONCRETE FINISHER(PAVING&STRUCTURES).......$ 12.64 FORM BUILDER/FORM SETTER PAVING &CURB...............................$ 10.69 STRUCTURES.................................... $ 13.61 Supplementary Conditions 007300- 17 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 LABORER ASPHALT RAKER...............................$ 11.67 FLAGGER.......................................... $ 8.81 LABORER, COMMON........................$ 10.25 LABORER, UTILITY............................ $ 11.23 PIPELAYER....................................... $ 11.17 WORK ZONE BARRICADE SERVICER......................................... $ 11.51 PAINTER(STRUCTURES)....................... $21.29 POWER EQUIPMENT OPERATOR: ASPHALT DISTRIBUTOR.................... $ 14.25 ASPHALT PAVING MACHINE.............$ 13.44 MECHANIC....................................... $ 17.00 MOTOR GRADER, FINE GRADE..........$ 17.74 MOTOR GRADER, ROUGH.................$ 16.85 TRUCK DRIVER LOWBOY-FLOAT................................$ 16.62 SINGLE AXLE.....................................$ 11.61 ---------------------------------------------------------------- WELDERS- RECEIVE RATE PRESCRIBED FOR CRAFT PERFORMING Supplementary Conditions 007300- 18 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 OPERATION TO WHICH WELDING IS INCIDENTAL. ---------------------------------------------------------------- ---------------------------------------------------------------- NOTE: EXECUTIVE ORDER(EO) 13706, ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS APPLIES TO ALL CONTRACTS SUBJECT TO THE DAVIS-BACON ACT FOR WHICH THE CONTRACT IS AWARDED(AND ANY SOLICITATION WAS ISSUED) ON OR AFTER JANUARY 1, 2017. IF THIS CONTRACT IS COVERED BY THE EO,THE CONTRACTOR MUST PROVIDE EMPLOYEES WITH 1 HOUR OF PAID SICK LEAVE FOR EVERY 30 HOURS THEY WORK, UP TO 56 HOURS OF PAID SICK LEAVE EACH YEAR. EMPLOYEES MUST BE PERMITTED TO USE PAID SICK LEAVE FOR THEIR OWN ILLNESS, INJURY OR OTHER HEALTH-RELATED NEEDS, INCLUDING PREVENTIVE CARE;TO ASSIST A FAMILY MEMBER(OR PERSON WHO IS LIKE FAMILY TO THE EMPLOYEE)WHO IS ILL, INJURED, OR HAS OTHER HEALTH-RELATED NEEDS, INCLUDING PREVENTIVE CARE; OR FOR REASONS RESULTING FROM, OR TO ASSIST A FAMILY MEMBER(OR PERSON WHO IS LIKE FAMILY TO THE EMPLOYEE)WHO IS A VICTIM OF, DOMESTIC VIOLENCE,SEXUAL ASSAULT, OR STALKING. ADDITIONAL INFORMATION ON CONTRACTOR REQUIREMENTS AND WORKER PROTECTIONS UNDER THE EO IS AVAILABLE AT WWW.DOL.GOV/WHD/GOVCONTRACTS. UNLISTED CLASSIFICATIONS NEEDED FOR WORK NOT INCLUDED WITHIN THE SCOPE OF THE CLASSIFICATIONS LISTED MAY BE ADDED AFTER AWARD ONLY AS PROVIDED IN THE LABOR STANDARDS CONTRACT CLAUSES Supplementary Conditions 007300- 19 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 (29CFR 5.5 (A) (1) (II)). ---------------------------------------------------------------- THE BODY OF EACH WAGE DETERMINATION LISTS THE CLASSIFICATION AND WAGE RATES THAT HAVE BEEN FOUND TO BE PREVAILING FOR THE CITED TYPE(S)OF CONSTRUCTION IN THE AREA COVERED BY THE WAGE DETERMINATION.THE CLASSIFICATIONS ARE LISTED IN ALPHABETICAL ORDER OF ""IDENTIFIERS""THAT INDICATE WHETHER THE PARTICULAR RATE IS A UNION RATE (CURRENT UNION NEGOTIATED RATE FOR LOCAL), A SURVEY RATE (WEIGHTED AVERAGE RATE) OR A UNION AVERAGE RATE (WEIGHTED UNION AVERAGE RATE). UNION RATE IDENTIFIERS A FOUR LETTER CLASSIFICATION ABBREVIATION IDENTIFIER ENCLOSED IN DOTTED LINES BEGINNING WITH CHARACTERS OTHER THAN ""SU"" OR ""UAVG"" DENOTES THAT THE UNION CLASSIFICATION AND RATE WERE PREVAILING FOR THAT CLASSIFICATION IN THE SURVEY. EXAMPLE: PLUM0198-005 07/01/2014. PLUM IS AN ABBREVIATION IDENTIFIER OF THE UNION,WHICH PREVAILED IN THE SURVEY FOR THIS CLASSIFICATION,WHICH IN THIS EXAMPLE WOULD BE PLUMBERS 0198 INDICATES THE LOCAL UNION NUMBER OR DISTRICT COUNCIL NUMBER Supplementary Conditions 007300-20 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 WHERE APPLICABLE, I.E., PLUMBERS LOCAL 0198.THE NEXT NUMBER, 005 IN THE EXAMPLE, IS AN INTERNAL NUMBER USED IN PROCESSING THE WAGE DETERMINATION. 07/01/2014 IS THE EFFECTIVE DATE OF THE MOST CURRENT NEGOTIATED RATE,WHICH IN THIS EXAMPLE IS JULY 1, 2014. UNION PREVAILING WAGE RATES ARE UPDATED TO REFLECT ALL RATE CHANGES IN THE COLLECTIVE BARGAINING AGREEMENT(CBA)GOVERNING THIS CLASSIFICATION AND RATE. SURVEY RATE IDENTIFIERS CLASSIFICATIONS LISTED UNDER THE ""SU"" IDENTIFIER INDICATE THAT NO ONE RATE PREVAILED FOR THIS CLASSIFICATION IN THE SURVEY AND THE PUBLISHED RATE IS DERIVED BY COMPUTING A WEIGHTED AVERAGE RATE BASED ON ALL THE RATES REPORTED IN THE SURVEY FOR THAT CLASSIFICATION. AS THIS WEIGHTED AVERAGE RATE INCLUDES ALL RATES REPORTED IN THE SURVEY, IT MAY INCLUDE BOTH UNION AND NON-UNION RATES. EXAMPLE:SULA2012-007 5/13/2014.SU INDICATES THE RATES ARE SURVEY RATES BASED ON A WEIGHTED AVERAGE CALCULATION OF RATES AND ARE NOT MAJORITY RATES. LA INDICATES THE STATE OF LOUISIANA. 2012 IS THE YEAR OF SURVEY ON WHICH THESE CLASSIFICATIONS AND RATES ARE BASED.THE NEXT NUMBER,007 IN THE EXAMPLE, IS AN INTERNAL NUMBER USED IN PRODUCING THE WAGE DETERMINATION. 5/13/2014 INDICATES THE SURVEY COMPLETION Supplementary Conditions 007300-21 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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. ---------------------------------------------------------------- Supplementary Conditions 007300-22 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 WAGE DETERMINATION APPEALS PROCESS 1.) HAS THERE BEEN AN INITIAL DECISION IN THE MATTER?THIS CAN BE: * AN EXISTING PUBLISHED WAGE DETERMINATION * A SURVEY UNDERLYING A WAGE DETERMINATION * A WAGE AND HOUR DIVISION LETTER SETTING FORTH A POSITION ON A WAGE DETERMINATION MATTER * A CONFORMANCE (ADDITIONAL CLASSIFICATION AND RATE) RULING ON SURVEY RELATED MATTERS, INITIAL CONTACT, INCLUDING REQUESTS FOR SUMMARIES OF SURVEYS,SHOULD BE WITH THE WAGE AND HOUR DIVISION NATIONAL OFFICE BRANCH OF WAGE SURVEYS. 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 Supplementary Conditions 007300-23 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 200 CONSTITUTION AVENUE, N.W. WASHINGTON, DC 20210 2.) IF THE ANSWER TO THE QUESTION IN 1.) IS YES,THEN AN INTERESTED PARTY(THOSE AFFECTED BY THE ACTION) CAN REQUEST REVIEW AND RECONSIDERATION FROM THE WAGE AND HOUR ADMINISTRATOR (SEE 29 CFR PART 1.8 AND 29 CFR PART 7).WRITE TO: WAGE AND HOUR ADMINISTRATOR U.S. DEPARTMENT OF LABOR 200 CONSTITUTION AVENUE, N.W. WASHINGTON, DC 20210 THE REQUEST SHOULD BE ACCOMPANIED BY A FULL STATEMENT OF THE INTERESTED PARTY'S POSITION AND BY ANY INFORMATION (WAGE PAYMENT DATA, PROJECT DESCRIPTION,AREA PRACTICE MATERIAL, ETC.)THAT THE REQUESTOR CONSIDERS RELEVANT TO THE ISSUE. 3.) IF THE DECISION OF THE ADMINISTRATOR IS NOT FAVORABLE,AN INTERESTED PARTY MAY APPEAL DIRECTLY TO THE ADMINISTRATIVE REVIEW BOARD(FORMERLY THE WAGE APPEALS BOARD). WRITE TO: ADMINISTRATIVE REVIEW BOARD U.S. DEPARTMENT OF LABOR 200 CONSTITUTION AVENUE, N.W. Supplementary Conditions 007300-24 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 Munoz Engineering, LLC 361-946-4848 Ramiro Munoz, III, PE 361-946-4848 Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 (361-826-1818 after Water/Wastewater/Stormwater hours) Gas Department 361-885-6900 (361-885-6942 after hours) Parks& Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div.for Traffic Signals 361-826-1610 Solid Waste& Brush 361-826-1973 IT Department(City Fiber) 361-826-1956 AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications 1-888-632-0931 (Network Operations Center) Supplementary Conditions 007300-25 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 Public Agencies/Contacts Phone Number Centuryl-ink 361-208-0730 Windstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 ARTICLE 25—SHOP DRAWINGS SC-25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description 01 33 01 See Section 0133 01 Submittal Register SC-25.12 RESUBMISSION REQUIREMENTS B. Pay for excessive review of Shop Drawings. 1. 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 below: ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 01 33 01 See Section 0133 01 Submittal Register Supplementary Conditions 007300-26 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 END OF SECTION Supplementary Conditions 007300-27 South Oso Parkway—Project No. 18040A Rev 2/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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. This project consists of the new construction of South Oso Parkway from Staples Street to South Oso Parkway. The project will also include an asphalt pavement parking lot at the east side of South Oso Parkway.The construction will include, but not limited to the following items: demolition of existing improvements, installation of sidewalk, curb and gutter, pavement, storm sewer, waterline adjustments, gas line adjustments, and incidentals. 1.03 WORK BY OWNER A. The Owner plans to perform the following items of work which are not included in this Contract, but may impact the construction scheduling and completion: 1. The City of Corpus Christi Gas Department will coordinate with the Contractor for all adjustments to the utility system within the South Oso Parkway Right-of-Way.The Gas Department is responsible for the means, methods, materials, inspecting, testing, and approvals required for the adjustments. EXCEPT for excavation, bedding and backfill, pipe trench safety, and adjusting existing gas valve boxes,which is the responsibility of the Contractor. 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. Summary of Work 011100- 1 South Oso Parkway—Project No. 18040A Rev 10/2018 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 1.04 CONSTRUCTION OF UTILITIES A. Pay for temporary power, including but not limited to construction cost, meter connection fees, and permits. 1.05 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 South Oso Parkway—Project No. 18040A Rev 10/2018 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS A. 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. 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. Alternates and Allowances 012310- 1 South Oso Parkway—Project No. 18040A Rev 5/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 ALLOWANCES A. Allowance B-for Unanticipated Street Improvements: 1. The sum of $25,000.00 to be used for the purchase of Unanticipated Street Improvements. B. Allowance C- for Unanticipated ADA Improvements: 1. The sum of$6,700.00 to be used for the purchase of Unanticipated ADA Improvements. C. Allowance D- for Unanticipated Storm Water Improvements: 1. The sum of $18,000.00 to be used for the purchase of Unanticipated Storm Water Improvements. D. Allowance E- for Unanticipated Water Improvements: 1. The sum of $2,000.00 to be used for the purchase of Unanticipated Water Improvements. E. Allowance F- for Unanticipated Gas Improvements: 1. The sum of$1,500.00 to be used for the purchase of Unanticipated Gas Improvements. F. Allowance G- for Unanticipated Alternate 1 Bid Improvements: 1. The sum of $5,000.00 to be used for the purchase of Unanticipated Alternate 1 Bid Improvements. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Alternates and Allowances 0123 10-2 South Oso Parkway—Project No. 18040A Rev 5/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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%of Part A): 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 01 29 01- 1 South Oso Parkway—Project No. 18040A Rev 5/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 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 Plan 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. D. Bid Item A-4-Site Clearing and Grubbing 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing maintaining, and removal, in accordance with the plans. 2. Measuring for Payment is as per bid form and specification. E. Bid Item A-5- Fiber Filtration Tube: 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing maintaining, and removal, in accordance with the plans. 2. Measuring for Payment is as per bid form and specification. F. Bid Item A-6—Reinforced Filter Fabric Fence: 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing, maintaining, and removal, in accordance with the plans. 2. Measuring for payment is as per bid form and specification. Measurement and Basis for Payment 01 29 01-2 South Oso Parkway—Project No. 18040A Rev 5/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 G. Bid Item A-7—Straw Bale Fence: 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing maintaining, and removal, in accordance with the plans. 2. Measuring for Payment is as per bid form and specification. H. Bid Item A-8—Inlet Protection Barrier: 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing maintaining, and removal, in accordance with the plans. 2. Measuring for Payment is as per bid form and specification. I. Bid Item A-9—Grate Protection Barrier: 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing maintaining, and removal, in accordance with the plans. 2. Measuring for Payment is as per bid form and specification. J. Bid Item A-10—Stabilized Construction Entrance/Exit: 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing maintaining, and removal, in accordance with the plans. 2. Measuring for Payment is as per bid form and specification. K. Bid Item A-11—Revegetation (Hydromulch): 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing maintaining, and removal, in accordance with the plans. 2. Measuring for Payment is as per bid form and specification. L. Bid Item A-12—Revegetation (Sod): 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing maintaining, and removal, in accordance with the plans. 2. Measuring for Payment is as per bid form and specification. M. Bid Item A-13—Traffic Control Plan and Preparation: 1. Include the following costs in this Bid Item: a. Development and preparation of the Traffic Control Plan; and Measurement and Basis for Payment 01 29 01-3 South Oso Parkway—Project No. 18040A Rev 5/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 b. Coordination with the City of Corpus Christi Traffic Engineering Department. 2. Measuring for Payment is as per bid form and based upon approval of the plan by the City of Corpus Christi. N. Bid Item A-14—Traffic Control Mobilization/Adjustments: 1. Include the following costs in this Bid Item: a. Mobilization/Demobilization of required traffic control devices and signs; and b. Materials, equipment, personnel, labor, and incidentals required for placing maintaining, and removal, in accordance with the plans. 2. Measuring for Payment is as per each basis. Payment shall be based upon each mobilization, demobilization, and significant adjustment. A significant adjustment is determined in the opinion of the City as a change in phase or a deviation greater than 50%from the traffic control plan approved by the City. O. Bid Item A-15—Traffic Control Devices: 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing maintaining, and removal, in accordance with the plans. b. Provision of necessary Traffic Control personnel. 2. Measuring for Payment is as per bid form and specification. P. Bid Item A-16—Ozone Action Day: 1. Include the following costs in this Bid Item: a. Compensation in the amount of the bid unit price for Ozone Action days that occur during the construction duration. 2. Measuring for Payment is as per bid form and specification. Q. Bid Item A-17—Arrow Boards: 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing, maintaining, and removal, in accordance with the plans; b. Provision of necessary Traffic Control personnel. R. Bid Item A-18—Message Boards: 1. Include the following costs in this Bid Item: a. Materials, equipment, personnel, labor, and incidentals required for placing, maintaining, and removal, in accordance with the plans; b. Provision of necessary Traffic Control personnel. S. Bid Item A-19—Pavement Repair: 1. Include the following costs in this Bid Item: Measurement and Basis for Payment 01 29 01-4 South Oso Parkway—Project No. 18040A Rev 5/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 a. Materials, equipment, personnel, labor, and incidentals required for placing maintaining, and removal, in accordance with the plans. 2. Measuring for Payment is as per bid form and specification. T. Bid Item B-1—Mobilization (Maximum 5%of Bart B): 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. 2. Measurment 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. U. Bid Item C1—Mobilization(Maximum 5%of Part C): 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. 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. V. Bid Item D1—Mobilization(Maximum 5%of Part D): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; Measurement and Basis for Payment 01 29 01- 5 South Oso Parkway—Project No. 18040A Rev 5/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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. 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. W. Bid Item E1—Mobilization(Maximum 5%of Part E): 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. 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. X. Bid Item F1—Mobilization (Maximum 5%of Part F): 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 Measurement and Basis for Payment 01 29 01-6 South Oso Parkway—Project No. 18040A Rev 5/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 f. Mobilization may not exceed 5 percent of the total Contract Price. 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. Y. Other Bid Items 1. The basis of measurement and payment for other Bid Items shall be as described in the applicable Specification Sections, Construction Drawings and/or SECTION 00 30 01 BID FORM. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment 01 29 01-7 South Oso Parkway—Project No. 18040A Rev 5/2020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 0133 01 Submittal Register I 022100 Select Material 022420 Silt Fence 025208 Soil-Cement Base 5-17 025210 Lime Stabilization 025223 Crushed Limestone Flexible Base 025224 Asphalts,Oils,and Emulsions 025412 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement 025608 Ilnlets 025610 IConcrete Curb and Gutter 025614 Concrete Curb Ramps 025620 Portland Cement Concrete 025802 Temporary Traffic Controls during Construction 025807 Pavement Markings 025816 lRaised Pavement Markings 025818 IPavement Markers Reflectorized 025828 113ituminous Adhesive for Pavement Markers 026206 Ductile Iron Pipe Fittings 026210 PVC Pipe-AWWA 026402 Waterlines 026409 Tapping Sleeves and Tapping Valves 027402 Reinforced Concrete Pipe Culverts 027404 IConcrete Box Culverts 028020 Seeding 028040 Sodding 028300 Fence Relocation 032020 Reinforcing Steel 038000 Concrete Structures 055420 Frames,Grates,Rings,&Covers Submittal Register 01 33 01-1 South Oso Parkway—Project No.18040A 10/2018 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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. 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; 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. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Special Procedures 013500- 1 South Oso Parkway—Project No. 18040A Rev 10/2018 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 South Oso Parkway—Project No. 18040A Rev 8/2019 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 3. Prevent freezing of pipes,flooding, or the contamination of water. 4. Maintain Site security and protection of the facilities. 1.05 OPTIONS A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.01 TEMPORARY FIELD OFFICES A. None 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. 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. Temporary Facilities and Controls 015000-2 South Oso Parkway—Project No. 18040A Rev 8/2019 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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. 3.04 DRINKING WATER A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. B. Pay for water services and maintain daily. 3.05 CONSTRUCTION FENCE A. Install and maintain a construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. Temporary Facilities and Controls 015000-3 South Oso Parkway—Project No. 18040A Rev 8/2019 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 South Oso Parkway—Project No. 18040A Rev 8/2019 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 South Oso Parkway—Project No. 18040A Rev 8/2019 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 South Oso Parkway—Project No. 18040A Rev 8/2019 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 South Oso Parkway—Project No. 18040A Rev 8/2019 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 South Oso Parkway—Project No. 18040A Rev 8/2019 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 Oso Creek. 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. Groundwaterflow can be estimated by boring a hole or excavating a shorttrench 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 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 agencies in the disposal of all water used in the Project. Include a description and details for Temporary Controls 015700-5 South Oso Parkway—Project No. 18040A Rev 8/2019 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 (NOT APPLICABLE) 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 South Oso Parkway—Project No. 18040A Rev 8/2019 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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.I.)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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-02724820E445 SECTION 025208 Soil - Cement Base (5-17) 1. DESCRIPTION This specification shall govern all work required for Soil-Cement Base necessary to complete the project. 2. MATERIALS 2. 1 Soil. Soil shall consist of approved material free from vegetation or other objectionable matter encountered in the existing roadbed and other acceptance material used in preparation of the roadbed in accordance with this specification. 2.2 Portland Cement. Cement shall be either Type I or II Portland cement. The Contractor, at his option, may use bulk cement, provided the apparatus for handling, weighing and spreading the cement is approved by the Engineer in writing. Cement weighing equipment shall be as specified below. 2.3 Water. Water shall be free from substances deleterious to the hardening of the cement treatment and shall be approved by the Engineer. 3. EQUIPMENT Equipment necessary for the proper construction of the work shall be on the project, in first-class working condition, and be approved by the Engineer, both as to type and condition, prior to the start of construction operations. The Contractor shall at all times provide sufficient equipment to enable continuous execution of the work and its completion in the required number of working days. Portland cement treatment for materials in place may be constructed with any machine or combination of machines and auxiliary equipment that will produce results as outlined in this specification. Mixing may be accomplished by: (1) a multiple-pass traveling mixing plant or (2) a single-pass traveling mixing plant. The equipment provided by the Contractor shall be operated by experienced and capable workmen and shall be that necessary to provide a cement treatment meeting the requirements herein specified. 4. CONSTRUCTION METHODS 4. 1 General. It is the primary requirement of this specification to secure a completed course of treated material containing a uniform Portland cement mixture free from loose or segregated areas, of uniform density and moisture content, well bound for its full depth and with a smooth surface suitable for placing subsequent courses. It shall be the responsibility of the contractor to regulate the sequence of his work to process a sufficient quantity of material to provide full depth as shown on plans, to use the proper amount of Portland cement, maintain the work and rework the courses as necessary to meet the above requirements. Cement treatment shall not be mixed or placed when the air temperature is below 40F and is falling, but may be mixed or placed when the air temperature is above 35F and is rising, the temperature being taken in 025208 12/9/8 Page 1 of 5 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 the shade and away from artificial heat and with the further provision that cement treatment shall be mixed or placed only when weather conditions, in the opinion of the Engineer, are suitable. 4.2 Preparation of Roadbed. Before other construction operations are begun, the roadbed shall be graded and shaped as required to construct the Portland cement treatment for material in place in conformance with the lines, grades, thickness and typical cross section shown on the plans. Unsuitable soil or material shall be removed and replaced with acceptable soil. The sub grade shall be firm and able to support without displacing the construction equipment and the compaction hereinafter specified. Soft or yielding sub grade shall be corrected and made stable before construction proceeds. 4.3 Pulverization. The soil shall be so pulverized that, at the completion of moist-mixing, when all non-slaking aggregate retained on the No. 2 sieve are removed, the remaining material shall meet the following requirements when tested from the roadway in the roadway condition by Test Method Tex-101-E (Part III) . Percent Minimum passing 1-inch sieve . . . . . . . . 100 Minimum passing No. 4 sieve . . . . . . . . . 80 Old bituminous wearing surface shall be pulverized so that 100 percent will pass the 2-inch sieve. 4.4 Application of Cement (Road mix) . Portland cement shall be spread uniformly on the soil at the rate specified on the plans or approved by the Engineer. If a bulk cement spreader is used, it shall be positioned by string lines or other approved method during spreading to insure a uniform distribution of cement. Cement shall be applied only to such an area that all the operations can be continuous and completed in daylight within 6 hours of such application. The percentage of moisture in the soil, at the time of cement application, shall not exceed the quantity that will permit uniform and intimate mixture of soil and cement during dry mixing operations, and it shall not exceed the specified optimum moisture content for the soil cement mixture. No equipment, except that used in spreading and mixing, will be allowed to pass over the freshly spread cement until it is mixed with the soil. 4.5 Mixing and Processing. Unless otherwise shown on the plans, either method (a) or (b) below may be used at the option of the Contractor. (a) Multiple-Pass Traveling Mixing Plant. After the cement has been applied, it shall be dry-mixed with the soil. Mixing shall continue until the cement has been sufficiently blended with the soil to prevent the formation of cement balls when water is applied. Any mixture of soil and cement that has not been compacted and finished shall not remain undisturbed for more than 30 minutes. Immediately after the dry mixing of soil and cement is complete, water as necessary shall be uniformly applied and incorporated into the mixture. 025208 12/9/8 Page 2 of 5 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 Pressurized equipment and water supply provided shall be adequate to insure continuous application of the required amount of water to sections being processed within 3 hours of application of the cement. Proper care shall be exercised to insure proper moisture distribution at all times. After the last increment of water has been added, mixing shall continue until a thorough and uniform mix has been obtained. (b) Single-Pass Traveling Mixing Plant. After the cement has been applied it shall be sufficiently dry-mixed with the soil to prevent the formation of cement balls when water is applied. Un-pulverized soil lumps in the soil cement mixture immediately behind the mixer will not be allowed. Should this condition prevail, the Contractor shall "pre-wet" the raw soil as necessary to correct this condition. The water shall be provided with means for visibly and accurately gauging the water application. The water shall be applied uniformly through a pressure spray bar. After cement is spread, mixing operations shall proceed as follows: The mixer shall in one continuous operation mix the air-dry soil and cement full depth, and the required moisture uniformly, thoroughly moist- mix the soil, cement and water, spread the completed soil cement mixture evenly over the machine processed width of the sub grade and leave it in a loose condition ready for immediate compaction. The soil and cement mixture shall not remain undisturbed, after mixing and before compacting, for more than 30 minutes. 4. 6 Compaction and Finishing. The material shall be compacted to not less than 98% standard proctor unless otherwise shown on the plans. At the start of compaction, the percentage of moisture in the mixture and in un- pulverized soil lumps, based on over-dry weights, shall not be below or more than two percentage points above the specified optimum moisture content and shall be less than that quantity which will cause the soil cement mixture to become unstable during compaction and finishing. When the un-compacted soil cement mixture is wetted by rain so that the average moisture content exceeds the tolerance given at the time of final compaction, the entire section shall be reconstructed in accordance with this specification at the sole expense of the Contractor. Prior to the beginning of compaction, the mixture shall be in a loose condition for its full depth. The loose mixture then shall be uniformly compacted to the specified density within 2 hours. After the soil and cement mixture, excepting the top mulch, is compacted, water shall be uniformly applied as needed and thoroughly mixed in with a spike tooth harrow or equal. The surface shall then be reshaped to its required lines, grades and cross section and then lightly scarified to loosen any imprint left by the compacting or shaping equipment. The resulting surface shall be thoroughly rolled with a pneumatic tire roller and "clipped", "skinned" or "tight bladed" by a power grader to a depth necessary to remove all loosened soil and cement from the section. The surface shall then be thoroughly compacted with the pneumatic roller, adding small increments of moisture as needed during rolling. If plus No. 4 aggregate is present in the mixture; one complete coverage of the section with the flat wheel roller shall be made immediately after the "clipping" operation. When directed by the Engineer, surface finishing methods may be varied from this procedure provided a dense, uniform surface, free of surface compaction planes, is produced. The moisture 025208 12/9/8 Page 3 of 5 DocuSign Envelope ID:31311697A-26A3-4697-95D1-02724820E445 content of the surface material must be maintained at its specified optimum during all finishing operations. Surface compaction, rolling, blading and finishing shall proceed in such a manner as to produce a smooth, closely knit surface, free of cracks, ridges or loose material conforming to the crown, grade and line shown on the plans, within 3 hours of initial mixing. 5. CURING 5. 1 Protection and Cover. After the cement treated course has been finished as specified herein, the surface shall be protected against rapid drying by either of the following curing methods for a period shown on plans but in no case less than 3 days or until the surface or subsequent courses are placed: (a) Maintain in a thorough and continuously moist condition by sprinkling. (b) Apply a 2-inch layer of earth on the completed course and maintain in a moist condition. (c) Apply a single course surface treatment. Unless shown otherwise on the plans, the asphalt shall be HFRS-2, in accordance with "Asphalts, Oils and Emulsions" in the Texas Department of Highways and Public Transportation Standard Specifications. The single course surface treatment shall be placed in accordance with Section 025418 "Surface Treatment, except HFRS-2 asphalt shall be used in lieu of AC-5 and the asphalt shall be applied at .5 gallons per square yard. 5.2 Surface. The surface or other base courses may be applied on the finished base as soon after completion as operations will permit. 6. CONSTRUCTION JOINTS At the end of each day's construction, a straight transverse construction joint shall be formed by cutting back into the total width of completed work to form a true vertical face free of loose and shattered material. Cement treatment for large, wide areas shall be built in a series of parallel lanes of convenient length and width meeting and approval of the Engineer. 7. TRAFFIC Completed sections of cement treated material in place may be opened immediately to local traffic and to construction equipment after application of the single course surface treatment and to all traffic after the final surface course, provided the cement treated course has hardened sufficiently to prevent marring or distorting the surface by equipment or traffic. 8. MAINTENANCE The Contractor shall be required, within the limits of his contract, to maintain the cement treated course in good condition until all work has been completed and accepted. Maintenance shall include immediate repairs of any defects that may occur. This work shall be done by the Contractor at his own expense and repeated as often as may be necessary to keep the area continuously intact. Faulty work shall be replaced for the full depth of treatment. It is the intent of this specification that the Contractor constructs the plan depth of cement treatment in one homogeneous mass. 025208 12/9/8 Page 4 of 5 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 9. MEASUREMENT AND PAYMENT Unless indicated otherwise in the Proposal, Soil-Cement Base shall be measured by the square yard at each application rate specified. Measurement shall include, but not be limited to, furnishing, storing and applying cement; preparation of roadbed, application of cement, mixing, watering, compacting, finishing, curing and maintenance; and all other work as specified. 025208 12/9/8 Page 5 of 5 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025223 CRUSHED LIMESTONE FLEXIBLE BASE 1. DESCRIPTION This Specification shall govern all work for furnishing and placing Crushed Limestone Flexible Base required to complete the project. 2. MATERIAL Crushed Limestone Flexible Base shall consist of crushed limestone produced from oversize quarried aggregate, sized by crushing and produced from a naturally occurring single source, meeting the requirements for Type `A' material as specified in Texas Department of Transportation (TxDOT) Specification Item 247 "Flexible Base". Crushed gravel or uncrushed gravel shall not be acceptable. No blending of sources and/or additive materials will be allowed. The material shall be free of vegetation and shall be approved by the Engineer. All acceptable material shall be screened and the oversize shall be crushed and returned to the screened material in such a manner that a uniform product will be produced which meets all of the physical requirements for Grade 1-2 as specified in TxDOT Specification Item 247"Flexible Base". 3. TESTING The City will engage a laboratory and pay for one test each gradation, liquid limit, plasticity index, modified proctor, moisture-density relation, CBR, and necessary field densities. The Engineer may call for additional tests at any time. The cost of all retests, in case of failure to meet specifications, will be deducted from the Contractor's payment. The City will pay for proctor and soil constants and abrasion tests at the rate described in the materials testing schedule. If material changes, the Contractor shall pay the cost of additional tests required by the Engineer. The Engineer may waive testing and/or lime admix for small amounts for unimportant uses. 4. CONSTRUCTION METHODS Prior to placement of flexible base, the surface of the previous underlying course shall be finished true to line and grade as established, and in conformity with the typical section shown on the drawings. Grade tolerance shall be generally 1/2 inch, and highs and lows must approximately balance. If called for in the drawings or elsewhere in the contract documents, geogrid, as specified in City Standard Specification Section 022040 "Street Excavation", shall be placed as indicated. Flexible base shall be delivered and spread the same day if possible(no later than the next day). Base shall be mixed as required to produce a uniform mixture with water. Base shall be placed in uniform lifts not to exceed 10 inch loose lifts or 8 inch compacted lifts. Moisture and density requirements shall be as indicated on the drawings, typical minimum 98% Modified Proctor 025223 Page 1 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 (ASTM D1557) under flexible pavements or typical minimum 98% Standard Proctor (ASTM D698) under concrete pavement and to within + 2% of optimum moisture. The section may be accepted if no more than 1 of the 5 most recent moisture or density tests is outside of the specified limits, and the failed test is within+1% deviation from specified moisture or density requirements. The surface of the compacted base, after meeting moisture and density requirements, shall be primed in accordance with City Standard Specification Section 025412 "Prime Coat". On completion of compaction and priming, the surface shall be smooth and conform to lines, grades, and sections shown on the drawings. Areas with any deviation in excess of 1/4 inch in cross-section and in lengths of 16 feet measured longitudinally shall be corrected by loosening, adding or removing material, reshaping, and recompacting by repriming and rolling. Moisture and density shall be maintained until the paving is complete. Excessive loss of moisture shall be prevented by sprinkling, sealing, or covering with a subsequent layer. Should the base, due to any reason or cause, lose the required stability, density, or moisture before it is protected by placement of the next layer, it shall be re-compacted, refinished, and retested at the expense of the Contractor until acceptable to the City. 5. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, crushed limestone flexible base shall be measured by the square yard complete in place. Payment shall be full compensation for all materials, royalty, hauling, placing, compacting, labor, equipment, tools, and incidentals necessary for the completion of work. Prime shall be measured and paid under separate bid item if specified on the Bid Form. Geogrid shall be measured and paid under separate bid item if specified on the Bid Form. 025223 Page 2 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025404 ASPHALTS, OILS AND EMULSIONS 1. DESCRIPTION This specification shall govern all work for asphalt cement, cut-back and emulsified asphalts, performance-graded asphalt binders, and other miscellaneous asphaltic materials required to complete the project. 2. MATERIALS When tested according to Texas Department of Transportation Test Methods,the various materials shall meet the applicable requirements of TxDOT Specification Item 300, "Asphalts, Oils, and Emulsions" (Latest Edition). 3. STORAGE, HEATING AND APPLICATION TEMPERATURES Store and apply asphaltic materials in accordance with TxDOT Item 300 (Latest Edition) at the lowest temperature yielding satisfactory results. Follow the manufacturer's instructions for any agitation requirements in storage and in application and storage temperatures. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, asphalts, oils and emulsions shall not be measured and paid for separately, but shall be considered subsidiary to the appropriate bid item. 025404 Page 1 of 1 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025412 PRIME COAT 1. DESCRIPTION This specification shall consist of an application of asphalt material on the completed base course and/or other approved area in accordance with this specification. Prime Coat shall not be applied when the air temperature is below 60°F and falling, but it may be applied when the air temperature is above 50°F and is rising; the air temperature being taken in the shade and away from artificial heat. Asphalt material shall not be placed when general weather conditions,in the opinion of the Engineer, are not suitable. 2. MATERIALS The asphalt material used for the prime coat shall be MC-30 medium-curing cutback asphalt or AE- P asphalt emulsion prime, unless otherwise specified, and when tested by approved laboratory methods shall meet the requirements of City Standard Specification Section 025404 "Asphalts, Oils and Emulsions". Blotter material shall be native sand. 3. CONSTRUCTION METHODS When, in the opinion of the Engineer, the area and/or base is satisfactory to receive the prime coat, the surface shall be cleaned of dirt, dust, and other deleterious matter by sweeping or other approved methods. If found necessary by the Engineer, the surface shall be lightly sprinkled with water just prior to application of the asphalt material. The asphalt material shall be applied on the clean surface by an approved type of self-propelled pressure distributor so operated as to distribute the material in the quantity specified, evenly and smoothly under a pressure necessary for proper distribution. The Contractor shall provide all necessary facilities for determining the temperature of the asphalt material in all of the heating equipment and in the distributor, for determining the rate at which it is applied, and for securing uniformity at the junction of two distributor loads. All storage tanks, piping, retorts, booster tanks and distributors used in storing or handling asphalt material shall be kept clean and in good operating condition at all times, and they shall be operated in such manner that there will be no contamination of the asphalt material with foreign material. It shall be the responsibility of the Contractor to provide and maintain in good working order a recording thermometer at the storage-heating unit at all times. The distributor shall have been recently calibrated and the Engineer shall be furnished an accurate and satisfactory record of such calibration. After beginning of the work, should the yield on the asphalt material applied appear to be in error, the distributor shall be calibrated in a manner satisfactory to the Engineer before proceeding with the work. Prime shall be applied at a temperature within the recommended range per City Standard 025412 Page 1 of 2 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 Specification Section 025404 "Asphalts, Oils and Emulsions", with that range being 70 to 150 degrees F. Application rate shall be not less than 0.15 gallon per square yard, unless otherwise specified. The Contractor shall be responsible for the maintenance of the surface until the Engineer accepts the work. No traffic hauling or placement of any subsequent courses shall be permitted over the freshly applied prime coat until authorized by the Engineer. Spread blotter material before allowing traffic to use a primed surface. Allow sufficient time for the prime coat to cure properly before applying surface treatment or asphaltic concrete pavement. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, prime coat shall be measured by the gallon of asphalt material applied. Payment shall include furnishing, heating, hauling and distributing the asphalt material as specified; for furnishing, spreading and removing sand blotter material; for all freight involved; and for all manipulation, labor, materials, tools, equipment and incidentals necessary to complete the work. 025412 Page 2 of 2 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025424 HOT MIX ASPHALTIC CONCRETE PAVEMENT (Class A) 1. DESCRIPTION This specification shall govern all work required for furnishing and laying Hot Mix Asphalt Concrete (HMAC) surface, binder and base courses required to complete the project. All subsurface utilities must be inspected, tested, and accepted prior to any paving. 2. MATERIALS 2.1. Aggregate. The aggregate shall consist of a blend of course aggregate, fine aggregate and, if required, a mineral filler. 2.1.1. Coarse Aggregate shall consist of that fraction of aggregate retained on a No. 10 sieve and shall consist of crushed furnace slag, crushed stone, or crushed gravel. Deleterious material in course aggregate shall not exceed 2% per TxDOT Test Method TEX-217-F. Course aggregate shall be crushed such that a minimum of 85%of the particles have more than one crushed face, unless noted otherwise on the plans. Los Angeles abrasion losses for course aggregate shall not exceed 40%by weight for the surface course and 45%for the binder and base courses per TxDOT Test Method TEX-410-A. Polish Value not less than 30 for aggregate used in the surface course per TxDOT Test Method TEX-438-A. 2.1.2. Fine Aggregate is defined as the fraction passing a No. 10 sieve and shall be of uniform quality. Fine aggregate shall consist of screenings of material that pass the Los Angeles abrasion requirements in paragraph 2.1.1 above. Screenings shall be blended with a maximum of 15% uncrushed aggregate or field sand for Type D mixes, or a maximum of 10%uncrushed aggregate or field sand for Type A, B, and C mixes. Grading of fine aggregate shall be as follows: Sieve Size Percent Passing by Weight No. 10 100 No. 200 0-15 025424 Page 1 of 8 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 2.1.3 Filler shall consist of dry stone dust, Portland cement, hydrated lime, or other mineral dust approved by the Engineer. Grading of filler shall be as follows: Sieve Size Minimum Percent Passing by Weight No. 30 95 No. 80 75 No. 200 55 2.2. Reclaimed Asphalt Pavement(RAP). Reclaimed asphalt pavement may be incorporated into the hot mix asphalt concrete furnished for the project, provided that the mixture is designed per the TxDOT Methods and meets the applicable provisions of said TxDOT Item 340 and this specification. 2.3. Asphalt. Asphalt Material shall be in accordance with Standard Specification Section 025404 "Asphalt, Oils and Emulsions" and AASHTO. 2.3.1. Paving Mixture: APPLICATION ASPHALT GRADE Residential or low volume PG 64-22 Collector Surface Course PG 70-22 Binder Course PG 64-22 Arterial Surface Course PG 76-22 Binder Course PG 64-22 Base Courses PG 64-22 2.3.2. Tack Coat shall consist of an emulsion, SS-1 diluted with equal volume of water and applied at a rate ranging from 0.05 to 0.15 gallon per square yard. 3. PAVING MIXTURE 3.1. Mix Design. The mixture shall be designed in accordance with TxDOT Bulletin C-14 and TxDOT Test Method TEX-204-F to conform to the requirements of this specification. The Contractor shall furnish the mix design for the j ob-mix to be used for the project,unless shown otherwise on the drawings. The mix design shall be submitted prior to placement of the mixture. The design procedures are actually intended to result at a job-mix with properties in compliance with these specifications, and when properly placed the j ob-mix will be durable 025424 Page 2 of 8 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 and stable. The sieve analysis of the job-mix shall be within the range of the Master Gradation and Tolerances specified herein. The j ob-mix shall meet the density and stability requirements as specified and shall be included with the mix design as submitted per above. If the specific gravity of any of the types of aggregates differs by more than 0.3,use volume method. Plot sieve analysis of job-mix; percent passing versus size on four-cycle semi-log paper or other appropriate type paper. Show tolerance limits and Limits of Master Gradation. 3.2. Master Gradation of Aggregate. The aggregate for the type of mix specified shall be within the following tabulated limits per TxDOT Test Method TEX-200-F (Dry Sieve Analysis): Type Sieve A B C D Size Course Fine Course Fine Base Base Surface Surface 1-1/2" 100 1-1/4" 95-100 1" 100 7/8" 70-90 95-100 100 5/8" 75-95 95-100 1/2" 50-70 100 3/8" 60-80 70-85 85-100 1/4" No. 4 30-50 40-60 43-63 50-70 No. 10 20-34 27-40 30-40 32-42 No. 40 5-20 10-25 10-25 11-26 No. 80 2-12 3-13 3-13 4-14 No. 200 1-6* 1-6* 1-6* 1-6* VMA minimum 11 12 13 14 025424 Page 3 of 8 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 *2-8 when TxDOT Test Method Tex-200-F,Part H(Washed Sieve Analysis)is used. 3.3. Tolerances. The mixture delivered to the job site shall not vary from the job-mix by more than the tolerances specified below. The gradation of the produced mix shall not fall outside the Master Grading Limits, with the following exceptions: for Type B material coarser than 3/8" and for Type D material coarser than#4. Variations from j ob-mix shall not exceed the following limits, except as noted above: Item: Tolerances Percent by Weight or Volume V to No. 10 Plus or Minus 5.0 No. 40 to No. 200 Plus or Minus 3.0 Asphalt Weight Plus or Minus 0.5 Asphalt Volume Plus or Minus 1.2 3.4. Mix Properties. The mixture shall have a minimum Hveem stability of 40 for Type A, B, and C mixes, and 35 for Type D mixes per TxDOT Test Method TEX-208-F at an optimum density of 96% (plus or minus 1.5) of theoretical maximum density per TxDOT Test Methods TEX-227-F and TEX-207-F. 3.5. Sampling and Testing of Raw Materials. The Contractor shall sample materials as necessary to produce a mix in compliance with these specifications. 4. EQUIPMENT 4.1. Mixin Pg lants. Mixing plants shall be either the weigh batching type or the drum mix type. Both types shall be equipped with satisfactory conveyors, power units, aggregate handling equipment, aggregate screens and bins (weigh batch only), and pollution control devices as required. 4.2. Truck Scales. A set of truck scales, if needed for measurement, shall be placed at a location approved by the Engineer. 4.3. Asphalt Material Heating Equipment. Asphalt material heating equipment shall be adequate to heat the required amount of material to the desired temperature. Agitation with steam or air will not be permitted. The heating apparatus shall be equipped with a recording thermometer with a 24-hour continuous chart that will record the temperature of the asphalt at the highest temperature. 4.4. Surge-Storage System. A surge-storage system may be used provided that the mixture coming out of the bins is of equal quality to that coming out of the mixer. The system shall be equipped with a gob hopper, rotating chute or other devices designed to minimize segregation of the asphalt mixture. 4.5. Laydown Machine. The laydown machine shall be capable of producing a surface that will meet the requirements of the typical cross section, of adequate power to propel the 025424 Page 4 of 8 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 delivery vehicles, and produce the surface tolerances herein required. It shall be wide enough to lay a 28-foot street(back-to-back of curbs) in a maximum of two passes. 4.6. Rollers. All rollers shall be self-propelled and of any type capable of obtaining the required density. Rollers shall be in satisfactory operating condition and free from fuel, hydraulic fluid, or any other fluid leaks. 5. STORAGE, PROPORTIONING AND MIXING 5.1. Storage and Heatingof f Asphalt Materials. Asphalt cement shall not be heated to a temperature in excess of that recommended by the producer. Asphalt storage equipment shall be maintained in a clean condition and operated in such a manner that there will be no contamination with foreign matter. 5.2. Feeding and Drying of Aggregates. The feeding of various sizes of aggregate to the dryer shall be done in such a manner that a uniform and constant now of materials in the required proportions will be maintained. In no case shall the aggregate be introduced into the mixing unit at a temperature in excess of 350 degrees F. 5.3. Proportioning. All materials shall be handled and proportioned in a manner that yield an acceptable mixture as herein specified and as defined by the 'o� b-mix. 5.4. Miximz. 5.4.1. Weigh Batch Plant. In charging the weigh box and in charging the pugmill from the weigh box, such methods or devices shall be used as necessary to minimize segregation of the mixture. 5.4.2. Drum Mix Plant. The amount of aggregate and asphalt cement entering the mixer and the rate of travel through the mixer shall be coordinated so that a uniform mixture of the desired gradation and asphalt content will be produced. 5.4.3. The mixture produced from each type of plant shall not vary from the'o� b-mix by more than the tolerances and restrictions herein specified. The mixture when discharged from the plant shall have a moisture content not greater than one percent by weight of total mix when determined by TxDOT Test Method TEX-212-F. 5.4.4. The mixture produced from each type of plant shall be at a temperature between 250 and 325 degrees F. After a target mixing temperature has been established, the mixture when discharged from the mixer shall not vary from this temperature by more than 25 degrees F. 6. CONSTRUCTION METHODS 6.1. Construction Conditions. For mat thicknesses greater than 1.5 inches, the asphalt material may be placed with a laydown machine when the air temperature is 40 degrees F and 025424 Page 5 of 8 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 rising but not when the air temperature is 50 degrees F and falling. In addition,mat thickness less than and including 1.5 inches shall not be placed when the temperature of the surface on which the mat is placed is below 50 degrees F. All subsurface utilities shall be inspected, tested, and accepted prior to paving. 6.2. Prime Coat. If a prime coat is required, it shall be applied and paid for as a separate item conforming to the requirements of City Standard Specification Section 025412 "Prime Coat", except the application temperature shall be as provided above. The tack coat or asphaltic concrete shall not be applied on a previously primed flexible base until the primed base has completely cured to the satisfaction of the Engineer. 6.3. Tack Coat. Before the asphalt mixture is laid,the surface upon which the tack coat is to be placed shall be thoroughly cleaned to the satisfaction of the Engineer. The surface shall be given a uniform application of tack coat using materials and rates herein specified and/or as shown on the plans. The tack coat shall be rolled with a pneumatic tire roller as necessary. Tack coat is required before any pavement course not placed immediately following the previous course placement. 6.4. Transporting Asphalt Concrete. The asphalt mixture shall be hauled to the job site in tight vehicles previously cleaned of all foreign matter. In cool weather or for long hauls, canvas covers and insulated truck beds may be necessary. The inside of the bed may be given a light coating of lime water or other suitable release agent necessary to prevent from adhering. Diesel oil is not allowed. 6.5. Placinz. The asphalt mixture shall be spread on the approved prepared surface with a laydown machine or other approved equipment in such a manner that when properly compacted, the finished surface will be smooth and of uniform density, and meet the requirements of the typical cross section as shown on the plans. 6.5.1. Flush Structures. Adjacent to flush curbs, gutters, liners and structures, the surface shall be finished uniformly high so that when compacted, it will be slightly above the edge of the curb and flush structure. 6.5.2. Construction joints of successive courses of asphaltic material shall be offset at least six inches. Construction joints on surface courses shall coincide with lane lines, or as directed by the Engineer,but shall not be in the anticipated wheel path of the roadway. 6.6. Compacting. The asphalt mixture shall be compacted thoroughly and uniformly with the necessary rollers to obtain the required density and surface tolerances herein described and any requirements as shown on the plans. Regardless of the method of compaction control followed, all rolling shall be completed before the mixture temperature drops below 175 degrees F. 025424 Page 6 of 8 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 6.7. In-Place Density. In-place density control is required for all mixtures except for thin, irregular level-up courses. Material should be compacted to between 96% and 92% of maximum theoretical density or between 4% and 8% air voids. Average density shall be ;treater than 92%and no individual determination shall be lower than 90%. Testing shall be in accordance with TxDOT Test Methods TEX-207-F and TEX-227-F. Pavement specimens,which shall be either cores or sections of the compacted mixture,will be tested as required to determine the percent air voids. Other methods, such as nuclear determination of in-place density,which correlate satisfactorily with actual project specimens may be used when approved by the Engineer. 6.8. Thickness. The total compacted average thickness of the combined HMAC courses shall not be less than the amount specified on the drawings. No more than 10% of the measured thickness(es)shall be more than 1/4 inch less than the plan thickness(es). If so,the quantity for pay shall be decreased as deemed appropriate by the Engineer. 6.9. Surface Smoothness Criteria and Tests. The pavement surface after compaction, shall be smooth and true to the established lines, grade and cross-section. The surface shall be tested by the City with the Mays Roughness Meter. The Mays Roughness Value for each 600-foot section shall not exceed ninety inches per mile per traffic lane. For each 600-foot section not meeting this criteria, the Engineer shall have the option of requiring that section to be reworked to meet the criteria, or paying an adjusted unit price for the surface course. The unit price adjustment shall be made on the following basis: Adjusted Unit Price= (Adjustment Factor)X Surface Course Unit Bid Price The adjustment factor shall be: For Residential Streets: Adjustment Factor= 1.999 - 0.0111 M For All Other Class Streets (Non Residential) Adjustment Factor= 1.287 - 0.0143 M Where M=Mays Roughness Value In no case shall the Contractor be paid more than the unit bid price. If the surface course is an inverted penetration (surface treatment) the Mays Roughness Value observed will be reduced by ten inches per mile, prior to applying the above criteria. Localized defects (obvious settlements, humps, ridges, etc.) shall be tested with a ten-foot straightedge placed parallel to the roadway centerline. The maximum deviation shall not 025424 Page 7 of 8 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 exceed 1/8 inch in ten feet. Areas not meeting this criteria shall be corrected to the satisfaction of the Engineer. Pavement areas having surface irregularities, segregation, raveling or otherwise deemed unacceptable by the Engineer shall be removed and replaced by the Contractor in a manner approved by the Engineer, at no additional cost to the City. 6.10. Opening to Traffic. The pavement shall be opened to traffic when directed by the Engineer. The Contractor's attention is directed to the fact that all construction traffic allowed on pavement open to the public will be subject to the State laws governing traffic on highways. If the surface ravels, it will be the Contractor's responsibility to correct this condition at his expense. 7. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, hot mix asphaltic concrete pavement shall be measured by the square yard of the type and thickness of"Hot Mix Asphaltic Concrete" as shown on the drawings. The Contractor shall provide the Engineer with copies of the "pay ticket" identifying the truck and showing the gross empty weight of the truck with driver as it arrives at the plant and the gross loaded weight of the truck with driver as it leaves the plant. The measured amount will be the difference of the loaded and empty trucks converted to tons. Payment shall be full compensation for quarrying,furnishing all materials,freight involved; for all heating, mixing, hauling, cleaning the existing base course or pavement, tack coat, placing asphaltic concrete mixture, rolling and finishing; and for all manipulations, labor, tools, equipment, and incidentals necessary to complete the work except prime coat when required. Prime coat,performed where required,will be measured and paid for in accordance with the provisions governing City Standard Specification Section 025412 "Prime Coat". All templates, straightedges, scales, and other weight and measuring devices necessary for the proper construction, measuring and checking of the work shall be furnished, operated and maintained by the Contractor at his expense. Any paving placed prior to inspection,testing, and acceptance of underground utilities may be rejected by the City and will be replaced at the Contractor's expense after correcting any subsurface utility defects. Pavement that fails to meet the in place density criteria may be rej ected by the City and will be replaced at the Contractor's expense,or such pavement may, at the City's discretion, be accepted by the City and the unit price for payment shall be reduced as deemed appropriate by the Engineer. 025424 Page 8 of 8 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025608 INLETS 1. DESCRIPTION This specification shall govern for the construction of inlets complete in place and the materials used therein, including the installation, and the furnishing of frames, grates, rings and covers. 2. TYPES The various types of inlets are designated on the drawings by letters or by numbers indicating the particular design of each. Each type shall be constructed in accordance with the details shown on the drawings and to the depth required by the profiles and schedules given. 3. MATERIALS (1) Concrete. Concrete for curb inlets shall be Class "A" concrete conforming to the requirements of City Standard Specification Section 038000 "Concrete Structures", and City Standard Specification Section 030020 'Portland Cement Concrete", except as otherwise provided on the drawings. Concrete for grate inlets, drop inlets and post inlets shall be Class "C" concrete in accordance with City Standard Specification Section 030020 "Portland Cement Concrete". (2) Mortar. Mortar shall be composed of one part Portland cement and two parts clean, sharp mortar sand suitably graded for the purpose by conforming in other respects to the provisions of City Standard Specification Section 030020 'Portland Cement Concrete" for fine aggregate. Hydrated lime or lime putty may be added to the mix but in no case shall it exceed 10 percent by weight of the total dry mix. (3) Reinforcing Steel. Reinforcing Steel shall conform to the requirements of City Standard Specification Section 032020 "Reinforcing Steel". (4) Concrete Blocks. Concrete blocks, when shown on the drawings, shall conform to the requirements of ASTM C 139. (5) Frames, Grates, Rings and Covers. Frames, grates, rings and covers shall conform to the requirements of City Standard Specification Section 055420 "Frames, Grates, Rings and Covers". (6) Cast Iron. Cast iron for supports and inlet units shall conform to the shape and dimensions shown on the plans. The castings shall be clean and perfect, free from sand or blow holes or other defects. Cast iron castings shall conform to the requirements of"Gray Iron Castings" ASTM A 48, Class 30. 025608 Page 1 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 4. CONSTRUCTION METHODS (1) General. All concrete work shall be performed in accordance with the requirements of City Standard Specification Section 038000 "Concrete Structures", unless otherwise specified. Forms will be required for all concrete walls, except where the nature of the surrounding material is such that it can be trimmed to a smooth vertical face. (2) Inlets for Precast Concrete Pipe Sewers. The construction of inlets for precast concrete pipe sewers shall be done as soon as is practicable after sewer lines into or through inlet locations are completed. All sewers shall be cut neatly at the inside face of the walls of inlet and pointed up with mortar. Subgrade under cast-in-place and precast inlets shall be compacted to not less than 95% Standard Proctor density. (3) Inverts. The inverts passing out or through the inlet shall be shaped and routed across the floor of inlet as shown on the plans. This shaping may be accomplished by adding and shaping mortar or concrete after the base is cast or by placing the required additional material with the base. (4) Finishing Complete Inlets. Inlets shall be completed in accordance with the drawings. Backfilling to finish grade elevation with native material, free of debris and compacted to over 95% Standard Proctor density. Backfilling shall be in accordance with the provisions of City Standard Specification Section 022020 "Excavation and Backfill for Utilities". 5. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, inlets shall be measured as individual units by each inlet, complete in place. Extension to inlets will be measured by each extension separately from the inlet. Excavation, backfill, frames, grates, rings and covers will be considered subsidiary to the construction of the inlets. Payments shall be full compensation for furnishing all concrete, reinforcing steel, mortar, castings, frames, grates, rings and covers, and for all other materials, labor, tools, equipment and incidentals required to perform the work prescribed above. 025608 Page 2 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025610 CONCRETE CURB AND GUTTER 1. DESCRIPTION This specification shall consist of Portland cement concrete combined concrete curb and gutter or separate concrete curb with or without reinforcing steel as required, constructed on an approved subgrade or foundation material in accordance with these specifications, in conformity with the lines and grades established by the Engineer and details shown on the drawings. 2. MATERIALS Unless otherwise specified on the drawings, materials and proportions for concrete used in construction under this specification shall conform to the requirements as specified for Class "A" Concrete under City Standard Specification Section 030020 'Portland Cement Concrete". Reinforcing steel shall conform to the requirements as specified in City Standard Specification Section 032020 "Reinforcing Steel". Expansion joint filler shall be redwood material meeting the requirements specified in City Standard Specification Section 038000 "Concrete Structures". 3. CONSTRUCTION METHODS The foundation shall be excavated and shaped to line, grade and cross-section, and hand tamped and sprinkled. If dry, the subgrade or foundation material shall be sprinkled lightly with water and compacted to not less than 98% Standard Proctor density, or as required on the drawings. Flexible base shall be compacted to specified density and moisture immediately before concrete is deposited thereon. Outside forms shall be of wood or metal, of a section satisfactory to the Engineer, straight, free of warp, and of a depth equal to the depth of the curb and gutter. They shall be securely staked to line and grade, and maintained in a true position during the depositing of concrete. Inside forms for the curb shall be approved material, shall be of such design as to provide the curb required, and shall be rigidly attached to the outside forms. For reinforced concrete roadways, all jointing must be reflected through the curb, including redwood expansion joints and construction joints. Driveway gutter shall be placed integrally with the driveway as shown on the City Standard Details. The reinforcing steel shall be placed in position as shown on the typical details. Care shall be exercised to keep all reinforcing steel in its proper location. Concrete for curb and gutter shall be mixed in a manner satisfactory to the Engineer. The curb and gutter shall be placed in sections of the length indicated on the plans, and each section shall be separated by a premolded insert or board j oint of cross-section specified for the curb and gutter, and of the thickness indicated on the drawings. 025610 Page 1 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 After the concrete has been struck off and after it has become sufficiently set, the exposed surfaces shall be thoroughly worked with a wooden float. The exposed edges shall be rounded by the use of an edging tool to the radius indicated on the drawings. All exposed surfaces of curb and gutter, or curb, shall be brushed to a smooth and uniform surface. The completed curb and gutter shall be cured with Type 2, white pigmented curing compound unless shown otherwise on the drawings. Other methods of curing as outlined in City Standard Specification Section 038000 "Concrete Structures" will be acceptable with a required curing period of 72 hours. The area behind the curb shall be backfilled, tamped, and sloped as directed as soon as possible and no later than 48 hours after the removal of forms. Backfill shall be placed to the full height of the curb, or as otherwise specified. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, concrete curb and gutter or concrete curb will be measured by the linear foot for each type of curb, complete in place. Payment shall be full compensation for preparing the subgrade; for furnishing and placing all materials including reinforcing steel and expansion joint material; for furnishing, placing, shaping and tamping backfill; and for all manipulation, labor, tools, equipment and incidentals necessary to complete the work. 025610 Page 2 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025612 CONCRETE SIDEWALKS AND DRIVEWAYS 1. DESCRIPTION This specification shall consist of sidewalks and driveways, with or without reinforcing steel, composed of Portland cement concrete, constructed as herein specified on an approved subgrade,in conformity with the lines and grades established by the Engineer and the details shown on the drawings. 2. MATERIALS Materials and proportions used in construction under this item shall conform to the requirements as specified for Class "A" concrete under City Standard Specification Section 030020"Portland Cement Concrete". Reinforcing steel shall conform to the requirements as specified in City Standard Specification Section 032020 "Reinforcing Steel". Expansion j oint filler shall be redwood meeting the requirements specified in City Standard Specification Section 038000 "Concrete Structures". Cap seal shall be"Greenstreak" or approved equal. 3. CONSTRUCTION METHODS The subgrade shall be excavated, compacted and shaped to line, grade and cross-section and hand tamped and sprinkled with water. Subgrade under concrete sidewalks and driveways shall be compacted to not less than 95% Standard Proctor density. The subgrade shall be within 0-3% of optimum moisture content at the time the concrete is placed. Forms shall be of wood or metal, of a section satisfactory to the Engineer, straight, free from warp, and of a depth equal to the thickness of the finished work. They shall be securely staked to line and grade and maintained in a true position during the depositing of concrete. The reinforcing steel shall be placed in position as shown on the drawings. Care shall be exercised to keep all reinforcing steel in its proper location. Driveways shall incorporate the gutter in a unified concrete placement as shown in the City Standard Detail for driveways. Sidewalks shall be constructed in sections of the lengths shown on drawings. Unless otherwise provided by the drawings,no section shall be of a length less than 8 feet, and any section less than 8 feet shall be removed by the Contractor at his own expense. 025612 Page 1 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 The different sections shall be separated by a premolded insert or board joint of the thickness shown on the drawings, placed vertically and at right angles to the longitudinal axis of the sidewalks. Where the sidewalk or driveways abut a curb or retaining wall, approved expansion joint material shall be placed along their entire length. Similar expansion joint material shall be placed around all obstructions protruding through sidewalks or driveways. Concrete shall be mixed in a manner satisfactory to the Engineer, placed in the forms to the depth specified and spaded and tamped until thoroughly compacted and mortar entirely covers the surface. The top surface shall be floated with a wooden float to a gritty texture. The outer edges and joints shall then be rounded with approved tools to the radii shown on drawings. 5-foot wide sidewalks shall be marked into separate sections, each 5 feet in length, by the use of approved jointing tools. For other widths of sidewalk,joints to be spaced longitudinally to match the transverse width. When completed, the sidewalks and driveways shall be cured with Type 2,white pigmented curing compound. Other methods of curing as outlined in City Standard Specification Section 038000 "Concrete Structures" will be acceptable with a required curing period of 72 hours. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, concrete sidewalks and driveways shall be measured by the square foot of surface area of completed sidewalks, driveways, or sidewalks and driveways, as indicated on the drawings. Payment shall be full compensation for preparing and compacting the subgrade; for furnishing and placing all materials including concrete, reinforcing steel and expansion joint material; and for all manipulation, labor, tools, equipment and incidentals necessary to complete the work. 025612 Page 2 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025614 CONCRETE CURB RAMPS 1. DESCRIPTION This specification shall govern all work necessary for constructing Concrete Curb Ramps required to complete the project. 2. MATERIALS Concrete shall be Class "A"in accordance with Section 030020"Portland Cement Concrete" of the City Standard Specifications. Reinforcement shall be 4x4 -W2.9xW2.9 welded wire fabric or#4 steel reinforcing bars spaced at 12 inches each way in accordance with Section 032020 "Reinforcing Steel" of the City Standard Specifications. 3. CONSTRUCTION METHODS The subgrade shall be shaped to line, grade and cross-section, and shall be of uniform density and moisture when concrete is placed. The subgrade shall be hand tamped and sprinkled with water to achieve the desired consistency and uniform support. Subgrade compaction shall not be less than 95% Standard Proctor density. Ramps shall be constructed of Class "A" concrete to line and section as shown on the plans. Unless shown otherwise on the drawings, ramps shall have a minimum concrete thickness in excess of 5 inches, prior to application of the detectable warning surfacing. Slopes, S, shall be as follows, unless shown otherwise on the drawings: RAMPS Ramp in direction of travel . . . . . S < 1:12 Side slope of ramp (flare) . . . . . S < 1:10 Cross slope . . . . . . . . . . . . . 1:100 < S < 1:50 ADJOINING AREAS Landings adjacent to ramp . . . . . . S < 1:20 Driveways abutting tied sidewalks . . S < 1:10 Width of ramp shall be 60 inches(minimum), exclusive of flare,unless specifically shown otherwise on the drawings. No ramp shall be less than 36 inches wide under any circumstances. Obstructions 025614 Page 1 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 shall be removed or relocated, as appropriate, or the location of the ramp may be shifted, if authorized. Detectable warning surface shall be polymer composite material detectable warning panels as shown on the drawings. Surfacing shall be flush with abutting areas and placed using a template as required to achieve an esthetic well-defined edge. Surfacing shall be subsidiary work and will not be measured for separate pay. Pavement markings for street crossings shall be placed such that the crosswalk is properly aligned with respect to the curb ramp. See striping details for proper alignment of pavement markings with respect to intersection and curb ramp. Properly constructed curb ramp shall be true to line, section and grade, and shall be free of loose material and irregularities. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, concrete curb ramps shall be measured by the horizontal square foot of ramp surface area, including side flares when used. Adjoining curbs, gutters, sidewalks, and driveways will be excluded from said measurement. Payment shall include, but not be limited to, subgrade preparation, formwork, concrete, rebar, detectable warning surfaces, borders, molding and curing required to complete the curb ramp, and shall be full compensation for all labor, materials, equipment and incidentals required to complete the work. 025614 Page 2 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025620 PORTLAND CEMENT CONCRETE PAVEMENT 1. DESCRIPTION This specification shall govern for the construction of Portland cement concrete pavement on a prepared subgrade or base course, in accordance with the typical sections shown on the drawings. 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. All subsurface utilities must be inspected, tested, and accepted prior to any paving. 2. MATERIALS (1) Cement The cement shall be either Type I, Type II or Type 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). The Contractor shall furnish the Engineer with a statement as to the specific surface area of the cement, expressed in square centimeters per gram, for each shipment. For concrete pavements, strength requirements shall be demonstrated using flexural (beam) or compressive (cylinder)tests as required in the drawings. 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 shall be used when high early strength concrete pavement is specified on the drawings. Different types of cement may be used in the same project, but all cement used in any one monolithic placement of concrete pavement shall be of the same type and brand. Only one brand of each type of cement will be permitted in any one project 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. 025620 Page 1 of 5 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 Cement remaining in storage for a prolonged period of time may be retested and rejected if it fails to conform to any of the requirements of these specifications. (2) Mixing Water Water for use in concrete and for curing shall be in accordance with City Standard Specification Section 030020"Portland Cement Concrete". (3) Coarse Aggregate Coarse aggregate for use in concrete mixture shall be in accordance with City Standard Specification Section 030020"Portland Cement Concrete", Grade No. 2. (4) Fine Aggregate Fine aggregate for use in concrete mixture shall be in accordance with City Standard Specification Section 030020"Portland Cement Concrete", Grade No. 1. (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 pavements 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 requirements of City Standard Specification Section 030020 "Portland Cement Concrete". (8) Reinforcing Steel Unless otherwise designated on the plans, all steel reinforcement shall be deformed bars, and shall conform to ASTM Designation: A615, Grade 60, and shall be open hearth, basic oxygen or electric furnace new billet steel in accordance with City Standard Specification Section 032020 "Reinforcing Steel". Dowels shall be plain billet steel smooth bars conforming to ASTM Designation: A615, Grade 60, and shall have hot-dip galvanized finish. 3. STORAGE OF MATERIALS All cement and aggregate shall be stored and handled in accordance with City Standard Specification Section 030020"Portland Cement Concrete". 025620 Page 2 of 5 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 4. MEASUREMENT OF MATERIALS Measurement of the materials, except water, used in batches of concrete, shall be in accordance with City Standard Specification Section 030020"Portland Cement Concrete". 5. CLASSIFICATION AND MIX DESIGN It shall be the responsibility of the Contractor to furnish the mix design to comply with the requirements herein and in accordance with THD Bulletin C-11. The Contractor shall perform, at his own expense, the work required to substantiate the design, except the testing of strength specimens, which will be done by the Engineer. Complete concrete design data shall be submitted to the Engineer for approval. It shall also be the responsibility of the Contractor to determine and measure the batch quantity of each ingredient, including all water, so that the mix conforms to these specifications and any other requirements shown on the plans. In lieu of the above mix design responsibility, the Contractor may accept a design furnished by the Engineer; however, this will not relieve the Contractor of providing concrete meeting the requirements of these specifications. 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 substantial change in any of the proposed ingredients has been made. This specification section incorporates the requirements of City Standard Specification Section 030020 "Portland Cement Concrete". 6. 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 025620 Page 3 of 5 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 shall be as specified in Table 1. TABLE 1 Slump Requirements Construction Method Desired Slump Minimum Slump Maximum Slump Concrete Pavement(slipformed) 1.5 inches 1 inch 3 inches Concrete Pavement(formed) 4 inches 2.5 inches 6.5 inches NOTE: No concrete will be permitted with slump in excess of the maximum shown. 7. QUALITY OF CONCRETE The concrete shall be uniform and workable. The cement content, maximum allowable water- cement ratio, desired slump, minimum slump, maximum slump, and the strength requirements of the class of concrete for concrete pavement shall conform to the requirements of Table I and Table 2 and as required herein. During the process of the work, the Engineer will cast test beams or cylinders as a check on the flexural or compressive strength of the concrete actually placed. Testing shall be in accordance with City Standard Specification Section 030020 "Portland Cement Concrete". If the required flexural or compressive strength is not secured with the cement specified in Table 2, changes in the batch design will be made. The concrete shall meet either the minimum flexural (beam) strength (7-day or 28-day) or minimum compressive strength(7-day or 28-day) shown in Table 2. TABLE 2 Class of Concrete for Concrete Pavement Class Minimum Minimum Maximum of Flexural(Beam) Compressive Water-Cement Coarse Concrete Strength Stren h Ratio Aggregate P* 450 psi(7 days) 3200 psi(7 days) 5.6 gal./sack No. 2 (1'V2") 570 psi(28 days) 4000 psi(28 days) 0.50 * 5% entrained air 8. 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. Re-tamping of concrete will not be permitted. 025620 Page 4 of 5 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 Mixing conditions shall conform to the requirements of City Standard Specification Section 030020 "Portland Cement Concrete". 9. MIXING AND MIXING EQUIPMENT Mixing and mixing equipment shall conform to the requirements of City Standard Specification Section 030020"Portland Cement Concrete". 10. READY-MIX PLANTS The requirements for ready-mix plants shall be as specified in City Standard Specification Section 030020 "Portland Cement Concrete". 11. PLACING, CURING AND FINISHING All subsurface utilities must be inspected, tested, and accepted prior to any paving. Subgrade preparation shall be as specified on the plans. 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". For membrane curing, curing material shall conform to Type 2, Class A curing compound, or as otherwise shown on the drawings. 12. JOINTS IN CONCRETE PAVEMENT The placing of joints in concrete pavement shall be in accordance with City Standard Specification Section 038000 "Concrete Structures" and as detailed on the drawings. 13. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, the quantities of concrete for concrete pavement(s), which will constitute the completed and accepted pavement(s) in-place, will be measured by the square yard or square foot for the indicated thickness and type of cement. Payment shall be full compensation for furnishing, hauling, mixing, placing, curing and finishing all concrete; all grouting and pointing; furnishing and placing reinforcing steel and steel dowels as shown on the plans; furnishing and placing drains; furnishing and placing metal flashing strips; furnishing and placing expansion joint material, joint filler and sealants, and contraction (control) joints 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. Any paving placed prior to inspection, testing, and acceptance of underground utilities may be rejected by the City and will be replaced at the Contractor's expense after correcting any subsurface utility defects. 025620 Page 5 of 5 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025802 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION 1. DESCRIPTION This specification shall govern all work required for Temporary Traffic Controls during construction. The work shall include furnishing, installing, moving, replacing, and maintaining all temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary detours, temporary striping and markers, flagger, temporary drainage pipes and structures, blue business signs, and such temporary devices as necessary to safely complete the proj ect. 2. MATERIALS Traffic control devices shall conform to the latest edition of the "Texas Manual on Uniform Traffic Control Devices", unless indicated otherwise on the Traffic Control Plan. 3. METHODS Sufficient traffic control measures shall be used to assure a safe condition and to provide a minimum of inconvenience to motorists and pedestrians. If the Traffic Control Plan (TCP) is included in the drawings, any changes to the TCP by the Contractor shall be prepared by a Texas licensed professional engineer and submitted to the City Traffic Engineer for approval, prior to construction. If the TCP is not included in the drawings, the Contractor shall provide the TCP prepared by a Texas licensed professional engineer and submit the TCP to the City Traffic Engineer for approval, prior to construction. The Contractor is responsible for implementing and maintaining the traffic control plan and will be responsible for furnishing all traffic control devices, temporary signage and ATSSA certified flaggers. The construction methods shall be conducted to provide the least possible interference to traffic so as to permit the continuous movement of traffic in all allowable directions at all times. The Contractor shall cleanup and remove from the work area all loose material resulting from construction operations at the end of each workday. All signs, barricades, and pavement markings shall conform to the BC standard sheets, TCP sheets and the latest version of the "Texas Manual on Uniform Traffic Control Devices". The Contractor may be required to furnish additional barricades, signs, and warning lights to maintain traffic and promote motorists safety. Any such additional signs and barricades will be considered subsidiary to the pay item for traffic control. All signs, barricades, and posts will be either new or freshly painted. The contractor and any traffic control subcontractor must be ATSSA certified for Traffic Control. 025802 Page 1 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 A competent person, responsible for implementation of the TCP and for traffic safety, shall be designated by the Contractor. The name and off-hours phone number of the competent person shall be provided in writing at the Pre-Construction Conference. The competent person shall be on site, during working hours and on call at all times in the event of off-hour emergency. The contractor must provide temporary blue sign boards that direct traffic to businesses and driveways during each phase of construction — see example below. The sign boards may be either skid mounted or barrel mounted. The City will assist the contractor in determining which businesses and driveways will receive signage during various construction phases. The provision, installation, and removal of signage will be considered to be subsidiary to the contract items provided for"Traffic Control." Example Blue Sign 2,4* t ,.m A I MANDARIN GARDEN i 2 $ 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, temporary traffic controls during construction shall be measured as a lump sum. Payment shall include, but not be limited to, furnishing, installing, moving, replacing and maintaining all temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary striping and markers, flaggers, removable and non-removable work zone pavements markings and signage, channelizing devices, temporary detours, temporary flexible-reflective roadway marker tabs, temporary traffic markers, temporary drainage pipes and structures, blue business signs, and such temporary devices and relocation of existing signs and devices. Payment shall be full compensation for all labor, equipment, materials, personnel, and incidentals necessary to provide a safe condition during 025802 Page 2 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 construction of all phases and elements of the project and to complete the work. Payment will be made on the following basis: The initial monthly estimate will include 50% of the lump sum bid amount minus retention (typically 5%). The balance will be paid with the final estimate, upon completion of the project. 025802 Page 3 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025807 PAVEMENT MARKINGS (PAINT AND THERMOPLASTIC) 1. DESCRIPTION This item shall consist of markings and stripes on the surface of the roadways or parking facilities applied in accordance with this specification and at the locations shown on the drawings or as directed by the Engineer. 2. MATERIALS Type I Pavement Marking Materials shall be in accordance with TxDOT Departmental Material Specification DMS-8220 "Hot Applied Thermoplastic". All roadway markings shall be thermoplastic. Type II Pavement Marking Materials shall be in accordance with TxDOT Departmental Material Specification DMS-8200 "Traffic Paint" and are not to be used for roadway markings except as primer/sealer for Type 1 markings. Type II Pavement Markings shall be allowed for parking facilities if called for in the plans. Glass Traffic Beads shall be drop-on glass beads conforming to TxDOT Departmental Material Specification DMS-8290 "Glass Traffic Beads". 3. CONSTRUCTION METHODS 3.1 Weather Limitations -Pavement marking shall be performed only when the existing surface is dry and clean, when the atmospheric temperature is above 40°F., and when the weather is not excessively windy, dusty, or foggy. The suitability of the weather will be determined by the Engineer. 3.2 Equipment- All equipment for the work shall be approved by the Engineer and shall include the apparatus necessary to properly clean the existing surface, and mechanical marking machine, and such auxiliary hand painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an approved atomizing spray-type marking machine suitable for application of pavement markings. It shall produce an even and uniform film thickness at the required coverage and shall be designed so as to apply markings of uniform cross-sections and clear-out edges without running of spattering and within the limits for straightness set forth herein. 025807 Page 1 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 Suitable adjustments shall be provided on the sprayer(s) of a single machine or by furnishing additional equipment for marking the width required. 3.3 Preparation of Existing Surface - Immediately before application of the paint or thermoplastic, the existing surface shall be dry and entirely free from old pavement markings and markers, dirt, grease, oil, acids, laitance, or other foreign matter which could reduce the bond between the marking and the pavement. The surface shall be thoroughly cleaned by sweeping and blowing as required to remove all dirt, laitance and loose materials. Areas that cannot be satisfactorily cleaned by brooming and blowing shall be scrubbed as directed with a water solution of trisodium phosphate (10% Na3PO4 by weight) or an approved equal solution. After scrubbing, the solution shall be rinsed off and the surface dried prior to marking. 3.4 Layouts and Alignments - Suitable layouts and lines of proposed stripes shall be spotted in advance of the marking application. Control points shall be spaced at such intervals as will insure accurate location of all markings. The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the markings. At least 72 hours prior to applying the permanent pavement markings, the Contractor shall notify the Engineer and City Construction Inspector to obtain City approval for the location, alignment and layout of the pavement markings. 3.5 Application - Markings shall be applied at the locations and to the dimensions and spacing indicated on the plans or as specified. Markings shall not be applied until the layouts, indicated alignment, and the condition of the existing surface have been approved by the Engineer. In the application of straight stripes, any deviation of the edges exceeding 1/2 inch in 50 feet shall be obliterated and the marking corrected. The width of the markings shall be as designated within a tolerance of 5%. All markings shall be performed to the satisfaction of the Engineer. Paint shall be applied uniformly by suitable equipment at a rate of not less than 105 or more than 115 square feet per gallon. The Contractor shall furnish a certified report on the quality of materials ordered for the work. This report shall not be interpreted as a basis for final acceptance. The Engineer shall be notified upon arrival of shipment for inspecting and sampling of the materials. When required, all emptied containers shall be returned to the paint material storage or made available for tallying by the Engineer. The containers shall 025807 Page 2 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 not be removed from the job site or destroyed without permission. The Contractor shall make an accurate accounting of the paint materials used in the accepted work. 3.6 Protection - After application, all markings shall be protected while drying. The fresh markings shall be protected from damage of any kind. The Contractor shall be directly responsible for protecting the markings and shall erect or place suitable warning signs, flags or barricades, protective screens or coverings as required. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, drippings of paint or other materials. 3.7 Defective Workmanship or Material - When any material not conforming to the requirements of the specifications or drawings has been delivered to the project or incorporated in the work, or any work performed is of inferior quality, such material or work shall be corrected as directed by the Engineer, at the expense of the Contractor. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, pavement markings shall be measured by the square foot or linear foot of each type of marking. Eliminating existing pavement markings and markers will not be measured and paid for separately, but shall be subsidiary to the pavement marking items. Payment shall be full compensation for furnishing all materials and for eliminating existing pavement markings and markers, for all preparation, layout and application of the materials, and for all labor, equipment, tools and incidentals necessary to complete the work. 025807 Page 3 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 025816 RAISED PAVEMENT MARKERS 1. DESCRIPTION This specification shall govern all work required for furnishing and installing Raised Pavement Markers required to complete the project. 2. MATERIALS RAISED PAVEMENT MARKERS shall conform to Reference Specification Section 025818 "Pavement Markers (Reflectorized)" (TxDOT Departmental Material Specification 4200). Unless indicated otherwise on the drawings, raised pavement markers and traffic buttons shall be of the type to be applied to the roadway surface with a non-integral adhesive. Types of raised pavement markers shall be as follows: TYPE DESCRIPTION I-A One face shall reflect amber light and the body other than the reflective face shall be yellow. I-C One face shall reflect white light and the body other than the reflective face shall be white, silver or light gray. I-R One face shall reflect red light and the body other than the reflective face shall be white, silver or light gray, or may be one-half red on the side that reflects red light. H-A-A Shall contain two reflective faces, each of which shall reflect amber light and the body other than the reflective faces shall be yellow. H-B-B Shall contain two reflective faces, each of which shall reflect blue light and the body other than the reflective faces shall be blue. (Fire Hydrant Application.) H-C-C Shall contain two reflective faces, each of which shall reflect white light and the body other than the reflective faces shall be white, silver or light gray. 025816 Page 1 of 2 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 H-C-R Shall contain two reflective faces, one of which shall reflect white light and the other face shall reflect red light, and the body other than the reflective faces shall be white, silver or light gray, or may be one- half red on the side that reflects red light. ADHESIVE for securing raised pavement markers to asphalt or concrete surfaces shall conform to Reference Specification Section 025828 `Bituminous Adhesive for Pavement Markers" (TxDOT Departmental Materials Specification 6130). 3. METHODS PAVEMENT SURFACE to receive raised pavement markers shall be prepared such that the surface is free of loose material, grease, moisture, and other foreign material that could impair the bond with the adhesive. ALIGNMENT AND POSITIONING of raised pavement markers shall be such that the reflective faces are aligned for proper visibility. ADHESIVE shall be applied such that 100% of the lower surface of the marker is in contact with the adhesive and in sufficient quantity to serve as a cushion between the marker and the paved surface. Any surplus adhesive shall be removed so that the visibility of the marker is not impaired. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, raised pavement markers shall be measured as individual units for each type installed, if included as a bid item in the Bid Form. Payment shall include, but not be limited to, furnishing and installing markers complete with adhesive, and shall be full compensation for all labor, materials, tools, equipment and incidentals required to complete the work. 025816 Page 2 of 2 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 DEPARTMENTAL MATERIALS SPECIFICATION PAVEMENT MARKERS(REFLECTORIZED) DMS - 4200 PAVEMENT MARKERS (REFLECTORIZED) EFFECTIVE DATE: JANUARY 2010 4200.1. Description. This Specification governs for the pre-qualification, testing, and field evaluation requirements for reflectorized pavement markers (RPMs). 4200.2. 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. 4200.3. Material Producer List. The Materials and Pavements Section of the Construction Division (CST/M&P) maintains the Material Producer List(MPL) of all materials conforming to the requirements of this specification. Materials appearing on the MPL, entitled "Ji2gle Tiles Pavement Markers and Traffic Buttons," require no further testing, unless deemed necessary by the Project Engineer or CST/M&P. 4200.4. Bidders' and Suppliers' Requirements. Before any material is allowed for use on Department projects, it must be of manufacture and product code or designation shown on the MPL. 4200.5. Pre-Qualification Procedure. The pre-qualification procedure consists of several steps, listed below, which are described in more detail in the following subsections: • Pre-qualification request, • Laboratory testing, • Field testing, • Provisional qualification, • Project evaluations, • Full qualification, • Periodic evaluation, • Disqualification, and • Re-Qualification. CST/M&P will provide notification at the completion of each step and will require confirmation from the supplier's contact person before proceeding to the next step. Costs of sampling and testing are normally borne by the Department; however, the costs to sample, test, and conduct field evaluations for materials failing to conform to the requirements of this specification are borne by the supplier. This cost will be assessed at the rate established by the Director of CST/M&P and in effect at the time of testing and will be billed directly to the Contractor or supplier. 1 ERAS DEPARTMENT OF 1 RANSPORTATION 1 -7 EFFECTIVE DATE:JANUARY 2010 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 DEPARTMENTAL MATERIALS SPECIFICATION PAVEMENT MARKERS(REFLECTORIZED) A. Pre-Qualification Request. Prospective suppliers interested in submitting their product for evaluation must submit a written request to the Texas Department of Transportation, Construction Division, Materials & Pavements Section (CP51), 125 East 11th Street, Austin, TX 78701-2483. Include the following items with the request: • Name and contact information, including email address for the person who will be the primary contact during the qualification process; • Laboratory test results, from the manufacturer's lab or an independent test laboratory, showing actual test results that meet the requirements of ASTM D 4280; • Product data sheets; • List of locations and applications dates where the product is being evaluated or is in current use; and • Test results from the National Transportation Product Evaluation Program (NTPEP), if available. B. Laboratory Testing. Provide CST/M&P with 350 RPMs of each color and type for laboratory and field testing. Submit materials for laboratory testing and field evaluations at no cost to the Department. CST/M&P will acknowledge receipt of materials and specify a tentative completion date for laboratory testing. CST/M&P will test RPMs in accordance with Article 4200.6 and will send notification of results once laboratory testing is complete. If laboratory testing conducted by TxDOT or by NTPEP shows RPMs do not meet the requirements of this specification, evaluation will cease, and RPMs will not be qualified. Suppliers may resubmit materials for qualification after providing documentation identifying the cause and corrective action taken. C. Field Testing. Upon satisfactory completion of laboratory testing, CST/M&P will specify the location of one or more roadways selected for the 12-month field test and suggested application dates. The roadways will include: • a concrete surface, • a hot-mix asphalt surface, and • a Grade 3 sealcoat. The concrete and asphalt roadways will be full-access controlled freeways with a minimum average daily traffic (ADT) count of 35,000 vehicles, a minimum of 20% average daily truck traffic volume, and a minimum posted speed limit of 65 mph. The Grade 3 road test will be conducted on a four-lane divided highway with a minimum ADT count of 4,000 vehicles per lane, a minimum of 20% average daily truck traffic volume, and a minimum posted speed limit of 50 mph. Providing NTPEP test results meeting the requirements of this specification may replace the concrete and hot-mix asphalt field tests on a deck for deck basis. If TxDOT or NTPEP field testing shows RPMs do not meet the requirements of this specification, evaluation will cease, and RPMs will not be qualified. Suppliers may 1 ERAS DEPARTMENT OF 1 RANSPORTA TION 2-7 EFFECTIVE DATE:JANUARY 2010 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 DEPARTMENTAL MATERIALS SPECIFICATION PAVEMENT MARKERS(REFLECTORIZED) resubmit materials for qualification after providing documentation identifying the cause and corrective action taken. 1. NTPEP Testing. Submit NTPEP test data to CST/M&P for review if available. CST/M&P will acknowledge receipt of NTPEP data and will provide results of review within one month of receipt. The 12-month NTPEP test results for the pre-qualification of RPMs must meet the following: • all the requirements specified in ASTM D 4280 for the tests performed by NTPEP; • a retention rate equal or greater than 90 % of the placed RPMs (excluding the RPMs removed for testing); • a visual evaluation of 3 or greater, as defined by the most recent NTPEP Project Work Plan for Field Evaluations of Raised Pavement Markers and Marker Adhesives, for the marker case and marker lens for a minimum of 90 % of the placed RPMs (excluding the RPMs removed for testing); and • the minimum retroreflectivity values required after 12 months on the roadway listed in Table 1. 2. Application. Provide the name of the contractor, the traffic control plan, and the manufacturer and product code for the adhesive at least two weeks prior to the application for CST/M&P review and approval. CST/M&P will confirm the date and location of the field evaluation installation and resolve any problems as necessary. CST/M&P will provide between fifty and one hundred RPMs of each submitted type for application from the samples submitted for laboratory testing. Testing of submitted markers occurs concurrently with a set of control RPMs, for compliance with the requirements of this specification. Control markers are those RPMs currently listed on the MPL; if the MPL is reorganized and no marker exists to act as a control, an RPM that has undergone the most recent NTPEP testing on both asphalt and concrete will be used. Supplier is responsible for application of the RPMs in the presence of CST/M&P. Application must meet all Department specifications for RPM application and traffic control as well as the manufacturer's recommendations. Notify CST/M&P of any problems or concerns with the installation within one week of application and request a re-installation, if necessary. 3. Evaluation. CST/M&P will notify supplier of a suggested date for field testing evaluation at least one month prior to completion of the 12-month field trial. Provide the name of the contractor and traffic control plan for the evaluation at least 2 weeks prior to the scheduled evaluation date. Materials must meet the following requirements: a. Retention Rate. The retention rate of the test RPMs must be no less than 5%below that of the control RPMs. 1 ERAS DEPARTMENT OF 1 RANSPORTA TION 3-7 EFFECTIVE DATE:JANUARY 2010 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 DEPARTMENTAL MATERIALS SPECIFICATION PAVEMENT MARKERS(REFLECTORIZED) b. Body Damage. The test RPMs must not exhibit discoloration or body damage exceeding that of the control RPMs. They must not exhibit a repetitive form of damage or mode of failure (indicative of a design flaw)in a large percentage of the test RPMs. Body damage will be visually assessed according to NTPEP criteria. c. Functionality.Four RPMs placed at 80 foot spacing or eight RPMs placed at 40 foot spacing must be functional when viewed at night from a vehicle using the low beam headlight setting. They must be functional when viewed at a minimum distance of approximately 400 ft. in the daytime. A functional marker is both visible and conspicuous. d. Retroreflectivity. CST/M&P will remove twenty test RPMs from the pavement to undergo laboratory testing for retroreflectivity in accordance with Tex-842-B. Fifteen of the twenty RPMs pulled must pass the minimum reflective values shown in Table 1 (measured at 0.2° observation angle and 0° horizontal entrance angle). Table 1 Minimum Retroreflectivity(cd/fc)After 12 Months on the Roadway Face 12 Mo. Crystal 1.0 Amber 0.7 Red 0.2 D. Provisional Qualification. CST/M&P will grant provisional qualification after successful completion of the laboratory and field evaluations including NTPEP testing, when applicable. CST/M&P will send notification of provisional qualification, including the date of placement on the MPL, within one month after completion of the field evaluations. Failure to complete all project evaluation requirements successfully is grounds for cancellation of provisional qualification. E. Project Evaluation. Once the material is provisionally qualified and listed on the MPL, provide CST/M&P with project information for the first three jobs supplied with the RPMs and additional projects if requested. RPMs must meet the same performance criteria as for the field evaluation to receive full qualification. CST/M&P will return the project evaluation results after the 12-month evaluation of each project. 1. Full Qualification. CST/M&P will grant full pre-qualification and continue to list materials meeting all requirements of this specification on the MPL. Pre-qualification requires extensive field evaluations. It is critical that no significant changes are made to the RPMs' composition, manufacturing process, or design during or after pre-qualification without notifying CST/M&P. It is also critical that the RPMs provided be uniform, with minimum variations from marker to marker. Significant changes not reported by the manufacturer or variations in product, as determined by the Director of CST/M&P, may be cause for removal from the MPL. 1 ERAS DEPARTMENT OF 1 RANSPORTATION 4-7 EFFECTIVE DATE:JANUARY 2010 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 DEPARTMENTAL MATERIALS SPECIFICATION PAVEMENT MARKERS(REFLECTORIZED) 2. Failure. CST/M&P will revoke provisional qualification for RPMs that do not meet the performance criteria and will remove the RPMs from the MPL. Producers not qualified under this Specification may not furnish materials for Department projects and must show evidence of correction of all deficiencies before reconsideration for qualification. F. Periodic Evaluation. Periodic evaluation consists of random department-initiated laboratory testing, audits, and periodic required submittals or field testing. 1. Department-Initiated Laboratory Testing and Audits. The Department may conduct random sampling (per Tex-729-I) and testing on pre-qualified RPMs to identify changes in the material or nonconformity in production and to perform random audits of test reports. 2. Required Submittals or Field Testing. Every 5 years, provide NTPEP data showing continued compliance with the requirements of this specification. G. Disqualification. Causes for disqualification and removal from the MPL include, but are not limited to, the following: • material fails to meet the requirements stated in this specification; the producer fails to report changes in the composition, manufacturing process, or design to CST/M&P; the producer has unpaid charges for failing samples; or qualified RPMs demonstrate repeated and large-scale performance problems in the field. H. Re-Qualification. Suppliers disqualified and removed from the MPL may submit materials for requalification after submitting documentation identifying the cause of the problem and corrective action taken. 4200.6. Material Requirements. All RPMs must meet all requirements, except for requirements specified for a specific type. A. Reflectorized Types. • Type I-A must contain one face that reflects amber light. The body, other than the reflective face, must be yellow. • Type I-C must contain one face that reflects white light. The body, other than the reflective face, must be white or silver-white. • Type I-R must contain one face that reflects red light. The body, other than the reflective face, must be white or silver-white. • Type II-A-A must contain two reflective faces oriented 180° to each other, each of which must reflect amber light. The body, other than the reflective faces, must be yellow. 1 ERAS DEPARTMENT OF 1 RANSPORTATION 5-7 EFFECTIVE DATE:JANUARY 2010 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 DEPARTMENTAL MATERIALS SPECIFICATION PAVEMENT MARKERS(REFLECTORIZED) • Type II-C-R must contain two reflective faces oriented 180° to each other, one of which must reflect white light and one of which must reflect red light. The body, other than the reflective faces, must be white or silver-white. B. Appearance Requirements. The outer surface of the RPMs must be smooth except for the molding or stamping of the manufacturer's unique imprint. All corners and edges exposed to traffic must be rounded. C. Optical Requirements. The RPMs must be capable of providing amber, red, or white light reflection as required by the requisition or plans. The reflected light of each reflective face must conform to the minimum reflective specific intensity (SI) requirements listed in Table 2, measured in candelas per foot-candle (cd/fc). Table 2 Minimum SI per Reflective Face at 0.21 Observation Angle(cd/fc) Horizontal Entrance Angle Crystal Amber Red 00 3.00 2.00 0.75 200 1.50 1.00 0.30 D. Physical Requirements. When tested in accordance with Tex-434-A, the minimum strength of five markers must be 2,000 lb. with none exhibiting a deformation of more than 0.125 in. before achieving the minimum strength. A random sample of five markers will be tested in accordance with Tex-434-A. The average compression results must have a quality index value equal to or greater than 1.23. The quality index value will be calculated from the lower specification limit of 2,000 lb. load. The following equation is used to determine the quality index value: QL = (X — LSL) / s Where: QL= quality index value X= average result from test LSL =lower specification limit s= standard deviation from test. E. Heat Resistance. The RPMs must show no change in physical or optical properties when subjected to the requirements of Tex-846-B. The temperature will be 140°F with the marker in a vertical position. The SI of the pavement marker must not be less than 80% of its initial value after being subjected to the heat test. 1 ERAS DEPARTMENT OF 1 RANSPORTATION 6-7 EFFECTIVE DATE:JANUARY 2010 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 DEPARTMENTAL MATERIALS SPECIFICATION PAVEMENT MARKERS(REFLECTORIZED) F. Impact Test. The RPMs will be impact tested during the pre-qualification process. They will be impacted with a 20-1b. weight in the form of a 2-in. solid right-circular cylinder with a flat impact face having rounded edges falling freely through a vertical guide. The RPMs will be impacted while resting on a solid, flat, steel plate that is at least 1/2 in. thick. The RPMs will be tested at increasing heights until failure occurs. Failure will occur when the lens or body cracks. The height at which failure occurs -6 in. will be the acceptance threshold for RPMs supplied after pre-qualification. 4200.7. Archived Versions. Archived versions are available. 1 ERAS DEPARTMENT OF 1 RANSPORTATION 7-7 EFFECTIVE DATE:JANUARY 2010 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 DEPARTMENTAL MATERIALS SPECIFICATION BITUMINOUS ADHESIVE FOR PAVEMENT MARKERS DMS - 6130 BITUMINOUS ADHESIVE FOR PAVEMENT MARKERS EFFECTIVE DATE: JANUARY 2008 6130.1. Description. This Specification establishes the requirements for bituminous type hot- melt adhesive used for the placement of pavement markers. Two types are addressed: standard bituminous marker adhesive consisting of an asphalt base with homogeneously mixed mineral filler; and flexible bituminous marker adhesive consisting of a highly polymer modified asphalt. Either adhesive must be suitable for bonding ceramic and plastic markers to hydraulic cement concrete, asphaltic concrete, and chip-sealed road surfaces and be applicable when road surface and marker temperatures are in the approximate range of 4-71°C (40-160°F). The composition of the adhesive must be such that its properties will not deteriorate when heated to and applied at temperatures up to 218°C (425°F)using either air or oil jacketed melters. 6130.2. 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. 6130.3. Material Requirements. A. Adhesive Properties. The adhesive must be smooth and homogeneous, containing no visible particles, and must comply with the requirements in Table 1. Table 1 Adhesive Properties Material Standard Adhesive Flexible Adhesive Property Test Method min max min max Softening Point, °F ASTM D 36 200 200 Penetration, 100 g, 5 s,25°C(7717),0.1 mm ASTM D 5 10 20 15 254 Flow, 5 hr.,70'C(158°F),mm 5 54 Heat Stability Flow,5 hr.,70°C(158'F),mm 5 5 Viscosity, 10 rpm,204°C(400°F),Pa-s 7.5 7.5 Flash Point, C.O.C., °F ASTM D 92 550 550 Ductility, 5 cm/min,7717,cm AASHTO T 51 - 15 - Flexibility, 1 in. mandrel,90°bend, 10 s ASTM D 3111 pass 1.Exception to ASTM D 5329;heat the sample as described in ASTM D 5, Section 7.1. 2.Exception to ASTM D 5329;condition the sample as described in"Test Methods." 3. As modified in"Test Methods" 4.Maximum penetration of 30 is allowed provided the result of the flow test is less than 1 mm. 1 ERAS DEPARTMENT OF 1 RANSPORTATION 1—3 LAST REVIEWED:SEPTEMBER 2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 DEPARTMENTAL MATERIALS SPECIFICATION BITUMINOUS ADHESIVE FOR PAVEMENT MARKERS B. Asphalt Properties. This applies to standard bituminous adhesive only. The filler-free asphalt, obtained from the Extraction and Abson recovery process, as explained in Section 6130.4, must have the properties in Table 2. Table 2 Filler-Free Asphalt Properties Property Minimum Maximum Test Method Penetration, 100 g, 5 s,25°C (77 °F), 25 ASTM D 5 0.1 mm(in.) Viscosity, 135°C(275°F)Pa-s 1.2(12) ASTM D 2171 (Poises) Viscosity Ratio, 135°C(275°F) 2.2 ASTM D 1754 and ASTM D 2171 C. Filler Properties. This applies to standard bituminous adhesive only. The filler material, obtained using the filler separation technique described in Section 6130.4, must have the properties in Table 3. Table 3 Filler Properties Property Minimum Maximum Test Method Filler Content,wt. % 50 75 As in Section 6130.4. Filler Fineness,%passing: ASTM C 430,as modified in 45 µm(No. 325) 75 -- Section 6130.4. 75 µm(No. 200) 95 -- 100 -- 150µm(No. 100) 6130.4. Test Methods. A. Heat Stability Flow. To determine the heat stability flow, place 1000 g of adhesive in a loosely-covered quart can, heat to 218°C (425°F) and maintain at this temperature 4 hours before performing the flow test. B. Extraction and Abson Recovery. Use this procedure to separate and recover the base asphalt from the adhesive. Heat the adhesive just to the point where it will easily flow. Transfer between 125 and 150 g into a 1000-mL (1-qt.)Erlenmeyer flask containing 400 mL (13.5 fl. oz.) of trichloroethylene with a temperature of 52-66°C (125-150°F). Stir this mixture thoroughly to dissolve the asphalt. Decant the solvent-asphalt mixture. Recover the base asphalt from solvent according to Tex-211-F, but begin with the centrifuge step; the primary distillation is not necessary. Repeat the above extraction- recovery method as necessary to obtain the desired quantity of asphalt. C. Filler Separation Technique. Use this procedure to separate the filler material from the asphalt and determine the filler content of the adhesive. Weigh 10.00± 0.01 g of solid adhesive, broken into small pieces, into a centrifuge flask with approximately 100 mL (3.5 fl. oz.)volume such as that specified in ASTM D 1796. Add 50 mL (1.7 fl. oz.) of trichloroethylene to the adhesive. Swirl or stir the mixture with a fine rod, taking care not 1 ERAS DEPARTMENT OF 1 RANSPORTATION 2-3 LAST REVIEWED:SEPTEMBER 2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 DEPARTMENTAL MATERIALS SPECIFICATION BITUMINOUS ADHESIVE FOR PAVEMENT MARKERS to lose any solids. Place the sample flask in a balanced centrifuge and spin using a minimum relative centrifugal force of 150 (as determined in ASTM D 1796, Section 6.) Remove the sample flask and decant the solvent, taking care not to lose any solids. Repeatedly add more solvent, centrifuge, and decant until the solvent becomes clear and the filler appears free of asphalt. Dry the recovered filler at 71 ± 3°C (160± 5°F)to remove solvent. Weigh the dried filler. Filter the decanted solvent through a filter paper with a 20-25 µm retention factor to verify there is no loss of filler. Calculate the filler content as a percentage of the original sample weight. D. Filler Fineness. Use this procedure to determine the filler fineness. Use the same apparatus as described in ASTM C 430, except also use 75µm (No. 200) and 150 µm (No. 100) sieves. Prepare a water solution containing 1 wt. percent of a nonionic, water- soluble surfactant, such as Triton X-100, beforehand. Thoroughly wet the 1 g dry sample in the surfactant solution and allow it to soak for 30 min. Transfer the filler completely into the 45 µm (No. 325) sieve cup. Wash the sample with the water spray, as described in ASTM C 430, Section 5, for 2 min., adding surfactant solution as needed to disperse any clumped particles. Dry and weigh the sample and perform calculations as directed in ASTM C 430. Repeat the procedure using the other two sieve sizes. 6130.5. Acceptance. Bituminous adhesives are pre-qualified in accordance with Tex-538-C. Consult"Bituminous Marker Adhesive" for a list of materials currently pre-qualified under this procedure. 6130.6. Packaging and Labeling. Package the adhesive in self-releasing cardboard containers with essentially flat and parallel top and bottom surfaces such that the packages will stack properly. Each package must have a net weight of either 23 or 27 kg (50 or 60 lb.) and must weigh within 1 kg (2 lb.) of the stated quantity. Self-releasing cardboard dividers, which will separate each package into sections weighing no more than 7 kg (15 lb.) each, must be part of the packaging. Each package must display: • the manufacturer's name, • net weight, • lot or batch number, and • a product name that clearly identifies the material as either standard or flexible bituminous marker adhesive. 6130.7. Archived Versions. Archived versions are available. 1 ERAS DEPARTMENT OF 1 RANSPORTATION 3-3 LAST REVIEWED:SEPTEMBER 2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 026206 DUCTILE IRON PIPE AND FITTINGS 1. DESCRIPTION This specification shall govern all work necessary for furnishing all ductile iron pipe and fittings required to complete the project. 2. GENERAL All ductile iron pipe shall conform to AWWA C151. The interior of pipe and fittings (excluding fittings for wastewater force mains)shall have a shop-applied cement-mortar lining(40 mils thick)in accordance with AWWA C104. The exterior of pipe and fittings shall have a coating of coal tar enamel of approximately 1 mil thick or as specified in AWWA C105. Ductile iron pipe shall be wrapped in two plys of 8-mil polyethylene in accordance with Section 026402 "Waterlines" of the City Standard Specifications. 3. FITTINGS All fittings shall be ductile iron and in accordance with AWWA C153. Fittings shall have a pressure rating of 250 psi for sizes through 12" and 150 psi for 14" and larger sizes,unless shown differently on the drawings. Unless noted otherwise on the drawings, Mechanical Joints shall be used. 4. JOINTS Joints for pipe shall be mechanical type or push-on type such as "Tyton Joint", or approved equal; joints for fittings shall be mechanical joints, unless shown otherwise on the drawings. Mechanical joints shall conform to AWWA C153. Mechanical joints shall be furnished complete with joint material, Cor-ten nuts, Cor-ten bolts, glands and gaskets. When restrained joints are indicated on the drawings, restrained joints for pipe and fittings of 12" diameter and less shall be mechanical joint with retainer gland Series 1100 by EBAA Iron or approved equal, with a minimum of 250 psi rated working pressure. Restrained joints for pipe and fittings over 12"in diameter shall be push on type with a retainer ring as LOK-RING or FLEX-RING by American Ductile Iron Pipe, or TR FLEX by U.S. Pipe, or approved equal. Gaskets shall be of synthetic rubber. An analysis of the material used in each size gasket showing the type of synthetic rubber and that no natural rubber is present shall be supplied. 026206 Page 1 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 5. PIPE Pressure class ductile iron pipe requirements: Pressure Wall Range of Maximum Diameter Class Thickness Allowable Depth Cover (inches) (psi) (inches) (feet) - (feet) A-B* 49 350 0.25 60+ 6 350 0.25 30 - 65 8 350 0.25 20 - 50 109 350 0.26 15 - 45 12 350 0.28 15 - 44 149 300 0.30 13 - 42 16 300 0.32 13 - 39 18 300 0.34 13 - 36 20 300 0.36 13 - 35 24 250 0.37 11 - 29 24+ x x x * Range of maximum allowable depth of pipe where: A = Ground water, or unstable bottom, or quick condition. B = Ideal trench conditions, and sand encasement is at an average density in excess of 90% Standard Proctor density. # Pipe sizes not typically specified on City projects, but shown for reference. x Requires special evaluation. The face of bells shall be plainly marked by color coding for classes so as to be readily identified in the field. 6. CERTIFICATIONS A certification shall accompany each order of pipe and fittings furnished to job site. Certification shall include the following items: indicate that pipe complies with Part 3 of this specification; indicate that fittings and joints comply with Part 4 of this specification (it should be noted that the supplier shall furnish sufficient technical material for the Engineer to determine whether or not push- on j oints can comply with the "or equal" clause); and a copy of a laboratory analysis of the material used in each size gasket showing the type of synthetic rubber and that no natural rubber is present. 026206 Page 2 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 7. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, ductile iron pipe shall be measured by the linear foot along the centerline for each size of pipe installed. Measurement of pipe shall be up to, but not include, the fittings. Ductile iron fittings shall be measured per each by the type and size, as indicated in the Bid Form. Payment shall include all labor, materials, tools and equipment for the completed installation and testing of the waterline,together with all incidentals necessary to install the pipe and fittings complete in place. 026206 Page 3 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 026210 POLYVINYL CHLORIDE PIPE (AWWA C900 and C905 Pressure Pipe for Municipal Water Mains and Wastewater Force Mains) 1. DESCRIPTION This specification shall govern all work necessary for furnishing all PVC pipe (AWWA C900 and C905)required to complete the project. 2. MATERIAL PVC pipe shall be made of Class 12454-A or Class 12454-B virgin compounds, as defined in ASTM D1784 with an established hydrostatic-design-basis of 4000 psi for water at 73.4 degrees F. 3. DIMENSIONS Pipe shall be manufactured to ductile iron pipe equivalent outside diameters. 4. JOINT Pipe shall have a gasket bell end with a thickened wall section integral with the pipe barrel. The use of solvent weld pipe shall not be allowed. 5. GASKETS Gaskets for jointing pipe shall be in accordance with ASTM F477 (High Head). 6. PIPE PRESSURE CLASS AND DIMENSION RATIO Unless indicated otherwise on the drawings, pipe shall have a dimension ratio (DR) of 18 and in accordance with: Pipe Size Designation 4" to 12" AWWA C900 Over 12" AWWA C905 7. CAUSE FOR REJECTION Pipe shall be clearly marked in accordance with AWWA Requirements. Unmarked or scratched pipe shall be rejected. 026210 Page 1 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 8. CERTIFICATION The contractor shall furnish in duplicate to the Engineer a copy of the manufacturer's affidavit of compliance with this specification, to include gaskets. Certification shall accompany each delivery of materials. 9. MEASUREMENT AND PAYMENT Unless otherwise specified in the Bid Form, PVC pipe (AWWA C900 or C905) will be measured by the linear foot along the centerline for each size of pipe installed. Measurement of pipe shall be up to, but not include, the fittings. Payment shall include all labor, materials, tools and equipment for the completed installation, backfilling and testing of the PVC pipe, together with all incidentals necessary to install the pipe complete in place, per linear foot. 026210 Page 2 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 026402 WATERLINES 1. DESCRIPTION This specification, in conjunction with the City of Corpus Christi's Water Distribution System Standards, shall govern all work necessary for the installation of all waterline facilities required to complete the project. 2. MATERIALS Concrete: Concrete shall have a minimum compressive strength of 3000 psi at 28 days. Bedding Sand for Encasement: Bedding sand and initial backfill around the pipe shall be granular material of low plasticity as indicated on the drawings. Ductile Iron Pipe and Fittings: See City Standard Specification Section 026206. Polyvinyl Chloride Pipe: See City Standard Specification Section 026210. Tapping Sleeves and Valves: See City Standard Specification Section 026409. Gate Valves for Waterlines: See City Standard Specification Section 026411. Fire Hydrants: See City Standard Specification Section 026416. 3. CONSTRUCTION METHODS (1) HANDLING MATERIALS a) General: The Contractor shall be responsible for the safe storage of all materials furnished to, or by him, and accepted by him, until it has been incorporated into the completed project. All material found during the progress of the work to have cracks, flaws or other defects will be rejected, and the Contractor shall remove such defective material from the site of the work. b) Unloading and Distribution of Materials at Work Site: Pipe and other materials shall be unloaded at point of delivery, hauled to and distributed at the job site by the Contractor. Materials shall at all times be handled with care and in accordance with manufacturer's recommendations. Care shall be taken not to scratch PVC pipe. Excessive scratching shall be considered cause for rejection of PVC pipe. Materials may be unloaded opposite or near the place where it is to be installed provided that it is to be incorporated into the work within 10 days. The Contractor shall not distribute material in such a manner as to cause undue inconvenience to the public. 026402 Page 1 of 5 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 c) Storing Materials: Materials that are not to be incorporated into the work within 10 days shall be stored on platforms. The interior of pipes and accessories shall be kept free from dirt and foreign matter. (2) ALIGNMENT AND GRADE a) General: All pipes shall be laid and maintained to the required lines and grades. Fittings, valves and hydrants shall be at the required locations with joints centered, spigots home and all valve and hydrant stems plumb. Temporary support and adequate protection of all underground and surface utility structures encountered in the progress of the work shall be furnished by the Contractor. Where the grade or alignment of the pipe is obstructed by existing utility structures such as conduits, ducts, pipes, connections to sewers or drains, the obstruction shall be permanently supported, relocated, removed, or reconstructed by the Contractor at the Contractor's expense, in cooperation with the owners of such utility structures. One (1) 20-ft. section of waterline pipe shall be centered over/under gravity wastewater line at all gravity wastewater line crossings. Waterline shall be ductile iron pipe with mechanical joint fittings, in accordance with City Standard Specification Section 026206, wherever new waterline crosses under new gravity wastewater line. Maintain a minimum of six inches (2 feet usual)vertical clearance between outsides of pipes where a new waterline crosses over a new wastewater line. Maintain a minimum of twelve inches vertical clearance between outsides of pipes where a new waterline crosses under a new wastewater line. Alternatively, at gravity wastewater line crossings, the proposed PVC waterline may be encased in a 20-ft.joint of ductile iron pipe with a minimum pressure rating of 150 psi that is at least two nominal sizes larger than the carrier pipe. The carrier pipe shall be supported in the casing at five foot (5) intervals with spacers, or shall be filled to the spring line with clean washed sand, graded as shown in the City Standard Water Details. The casing pipe shall be centered under the gravity wastewater line as indicated on the drawings, and both ends of the casing shall be sealed with cement grout or manufactured seal. b) Deviation from Drawings: No deviation from the line and grade shown on the plans may be made without the written consent of the Engineer. c) Depth of Cover: Depth of cover will be measured from the established street grade or the surface of the permanent improvement, or from finished grade to the top of the pipe barrel. Unless otherwise shown on drawings, the minimum depth of cover shall be 36 inches. Waterlines 12" and larger located under streets shall have 48 inches of cover at all points. 026402 Page 2 of 5 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 (3) TRENCH EXCAVATION AND BACKFILL See City Standard Specification Section 022020, "Excavation and Backfill for Utilities" and applicable City Standard Details for Water. (4) POLYETHYLENE WRAPPING All ductile iron pipe, valves and fittings, except pipe or valves which are laid in encasement pipe or in concrete valve boxes, shall be wrapped in polyethylene. The polyethylene material shall have a thickness of 8 mils and may be either clear or black. The wrapping shall be lapped in such manner that all surfaces of pipe, valves and fittings, including joints, shall have a double thickness of polyethylene. If a single longitudinal lap is made using a double thickness of polyethylene, it shall be lapped a minimum of 18 inches and the lap shall be placed in the lower quadrant of the pipe and in such a manner that backfill material cannot fall into the lap. The polyethylene shall be secured in place with binder twine at not more than 6-foot intervals. If wrapping is applied before the pipe is placed in the trench, then special care shall be taken in handling the pipe so that the wrapping will not be damaged. Care shall also be exercised in backfilling around the pipe and fittings and in blocking fittings so as not to damage the wrapping. Any wrapping that may be damaged shall be repaired in a manner satisfactory to the Engineer and so as to form the best protection to the pipes. (5) SAND ENCASEMENT All pipe and fittings that are not enclosed in concrete valve boxes or laid in encasement pipe, shall be completely encased with a minimum of eight inches (8") of sand on the bottom and sides of waterlines smaller than 16 inches in diameter, and twelve inches (12") over the top of the waterline, unless otherwise indicated on the drawings. This encasement includes the bottom, sides and top of pipe and fittings including bells, so that all portions will be encased with sand to insulate the pipe from the natural ground and from the backfill. The sand shall be compacted to a minimum of 90% Standard Proctor density. Provide twelve inches (12") of sand encasement all around the pipe for 16-inch diameter and larger waterlines. Sand shall be placed in a manner that will not injure the polyethylene wrapping and shall be compacted under, around the side, and over the pipe in a manner that will reduce settlement to a minimum and as approved by the Engineer. In order to reduce the amount of sand required, the trench bottom may be excavated in a rounded manner so as to maintain at least a minimum of eight inches of sand between the excavation and the pipe (twelve inches for 16-inch diameter and larger waterlines), unless otherwise indicated on the drawings. (6) LOWERING PIPE AND ACCESSORIES IN THE TRENCH a) General: The trench shall be excavated true and parallel to the pipe center line with a minimum clearance of eight inches below the pipe bottom and with a like clearance 026402 Page 3 of 5 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 from the bottom of the bell to the bottom of the bell hole. The trench shall then be refilled to the proper grade with sand as specified. The placing of the encasing material shall be done in such a manner so as to be free of all natural soil rock or other foreign matter. After final grading in the trench of the encasing material, bell holes shall be excavated at each joint. Proper implements, tools and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and efficient execution of the work. All pipe, fittings, valves, hydrants and accessories shall be carefully lowered into the trench by means of a derrick, ropes or other suitable equipment, in such a manner as to prevent damage to pipe and fittings. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. b) Inspection of Pipe and Accessories: The pipe and accessories shall be inspected for defects prior to lowering in the trench. Any defective, damaged or unsound pipe shall be replaced. c) Clean Pipe: All foreign matter or dirt shall be removed from the interior of the pipe prior to lowering into the trench. Pipe shall be kept clean both in and out of the trench at all times during the laying. (7) JOINTING PIPES All pipes shall be made up in accordance with manufacturer's recommendation. Pipe deflection shall not exceed 75% of the maximum amount recommended by the manufacturer. (8) CONCRETE THRUST BLOCKS Temporary thrust blocks or other means of carrying thrust loads generated by hydrostatic testing shall be provided at all ends of lines to be tested. Details of the end connections and method of temporary blocking shall be submitted to the Engineer for approval. After satisfactory completion of the hydrostatic testing, this temporary blocking shall be removed so that connections may be made with existing lines. This work is subsidiary to waterline installation and no separate payment will be made for it. Temporary thrust blocks are not allowed for long term use. (9) METAL HARNESS Metal harness, tie rods and clamps, or swivel fittings shall be used to prevent pipe movement. Steel rods and clamps shall be galvanized or otherwise rust proofed, or coated with hot coal tar enamel, then wrapped with two layers of polyethylene wrapping. 026402 Page 4 of 5 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 (10) STERILIZATION a) Fittings: Valves, hydrants and fittings shall be stored on timbers and kept clean. Where soil or other substance has come in contact with the water surfaces of the fittings, the interior shall be washed and sterilized with 2% solution of calcium hypochlorite. b) Pipe: As each joint of pipe is laid, the Contractor, unless otherwise directed by the Engineer, shall throw powdered calcium hypochlorite (70%) through the length of the joint(one pound for each 1,680 gallons of water to give 50 ppm). When the waterline is complete, and before testing, the waterline shall be slowly filled with water between valves and allowed to stand for 48 hours. After the sterilization period is completed, lines shall be flushed by the Contractor under the direct supervision of a representative of the City Water Department. The Engineer will take sample for testing two hours after refilling. If the sample does not pass State Health Department purification standards, the procedure shall be repeated. The entire procedure shall be coordinated under the supervision of the Water Division Superintendent/Engineer. During the sterilization process, valves shall be operated only under the supervision of the Water Division Superintendent/Engineer. There shall be a base fee of$100 paid by the Contractor to the City for each retest that is required. (11) HYDROSTATIC TESTING WATER SYSTEM See City Standard Specification Section 026202, "Hydrostatic Testing of Pressure Systems". (12) WATER SERVICE CONNECTIONS See Standard Specification Section 026404, "Water Service Lines". 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, waterlines will be measured by the linear foot for each size installed. Payment for waterlines will be made under the appropriate pipe material item and shall include, but not be limited to, trenching, dewatering, bedding, pipe (except for fittings), restraints, temporary thrust blocking, backfill, sterilization, and hydrostatic testing. Payment shall be full compensation for all labor, materials, tools, equipment and incidentals required to complete the work. 026402 Page 5 of 5 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 026409 TAPPING SLEEVES AND TAPPING VALVES 1. DESCRIPTION This specification shall govern all work and materials required for furnishing and installing tapping sleeves, sleeves and valves required to complete the project. 2. MATERIALS Tapping sleeves shall have a Class 125 ANSI B16.1 outlet flange of cast iron, ductile iron or stainless steel. Sleeves shall be of ductile iron or 304 or 316 stainless steel. Lugs, bolts, washers and nuts shall be of 304 or 316 stainless steel. Iron sleeves shall be of the mechanical joint or caulked joint type as manufactured by Mueller, Clow, or approved equal. Stainless steel sleeves shall be of the compression gasket type capable of providing full support of the tapped pipe, as manufactured by Ford, Smith Blair, Romac, or approved equal. Gasket materials shall be of material suitable for potable water systems. Tapping sleeves shall be sized for the type and size of pipe to be tapped. The class of asbestos cement pipe that will most likely be encountered in the water will be Class 200 for pipes 6 inches in diameter and smaller, and Class 150 for larger pipes. It should be understood that existing pipes to be tapped may not be of the type of material and/or size that is shown on the drawings. The proper size and type of tapping sleeve shall be provided and installed regardless of what is encountered. Tapping valves shall conform to AWWA Standards and City Standard Specification Section 026411, "Gate Valves for Waterlines". Valve boxes shall be as described in City Standard Specification Section 026411, "Gate Valves for Waterlines". 3. CONSTRUCTION METHODS Construction methods shall adhere to those set out in City Standard Specification Section 026402 "Waterlines", and City Standard Specification Section 022020 "Excavation and Backfill for Utilities". 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, tapping sleeves and tapping valves shall be measured on a per each basis for each size installed. Payment for tapping sleeves and tapping valves shall include, but not be limited to, furnishing and installing the valves complete in-place including joint materials, cast iron valve box, box extension, cover, concrete collar, and all other related items such as bolting, wrapping, cement-stabilized sand encasing, backfilling and compacting; and shall be full compensation for all labor, material, tools, equipment and incidentals required to properly install the valves as indicated and specified. 026409 Page 1 of 1 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 027402 REINFORCED CONCRETE PIPE CULVERTS 1. DESCRIPTION This specification shall govern the furnishing and placing of reinforced concrete pipe culverts and the material and incidental construction requirements for reinforced concrete pipe sewers. The culvert pipe shall be installed in accordance with the requirements of these specifications to the lines and grades shown on the plans, and shall be of the classes, sizes and dimensions shown thereon. The installation of pipe shall include all joints or connections to new or existing pipe, headwalls, etc., as may be required to complete the work. 2. MATERIALS 1. General. Except as modified herein, materials, manufacture and design of pipe shall conform to ASTM C-76 for Circular Pipe. All pipe shall be machine made or cast by a process which will provide for uniform placement of the concrete in the form and compaction by mechanical devices which will assure a dense concrete. Concrete shall be mixed in a central batch plant or other approved batching facility from which the quality and uniformity of the concrete can be assured. Transit mixed concrete will not be acceptable for use in precast concrete pipe. 2. Design. All pipe shall be Class III (Wall "B") unless otherwise specified on the plans. The shell thickness, the amount of circumferential reinforcement and the strength of the pipe shall conform to the specified class as summarized in ASTM C-76 for Circular Pipe. 3. Sizes and Permissible Variations. a. Variations in diameter, size, shape, wall thickness, reinforcement, placement of reinforcement, laying length and the permissible underrun of length shall be in accordance with the applicable ASTM Specification for each type of pipe as referred to previously. b. Where rubber gasket pipe joints are to be used, the design of the Joints and Permissible Variations in Dimensions shall be in accordance with ASTM C-443. 4. Workmanship and Finish. Pipe shall be substantially free from fractures, large or deep cracks and surface roughness. The ends of the pipe shall be normal to the walls and centerline of the pipe within the limits of variations allowed under the applicable ASTM specification. 5. Curing. Pipe shall be cured in accordance with the applicable ASTM Specification for each type of pipe as referred to above. 6. Markinz. The following information shall be clearly marked on each section of pipe: 027402 Page 1 of 7 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 a. The class of pipe. b. The date of manufacture. c. The name or trademark of the manufacturer. d. Marking shall be indented on the pipe section or painted thereon with waterproof paint. 7. Minimum Age for Shipment. Pipe shall be considered ready for shipment when it conforms to the requirements of the tests specified herein. 8. Inspection. The quality of materials, the process of manufacture, and the finished pipe shall be subject to inspection and approval by the Engineer at the pipe manufacturing plant. In addition, the finished pipe shall be subject to further inspection by the Engineer at the project site prior to and during installation. 9. Causes for Rejection. Pipe shall be subject to rejection on account of failure to conform to any of the specification requirements. Individual sections of pipe may be rejected because of any of the following: a. Fractures or cracks passing through the shell, except for a single end crack that does not exceed the depth of the joint. b. Defects that indicate imperfect proportioning, mixing and molding. c. Surface defects indicating honeycombed or open texture. d. Damaged ends, where such damage would prevent making a satisfactory joint. 10. Repairs. Pipe may be repaired if necessary, because of occasional imperfections in manufacture or accidental injury during the handling, and will be acceptable if, in the opinion of the Engineer, the repairs are sound and properly finished and cured and the repaired pipe conforms to the requirements of the specifications. 11. Rejections. All rejected pipe shall be plainly marked by the Engineer and shall be replaced by the Contractor with pipe that meets the requirements of these specifications. Such rejected pipe shall be removed immediately from the worksite. 12. Jointimz Materials. Unless otherwise specified on the plans, the Contractor shall have the option of making the joints by any of the following methods: a. Ram-Nek, a pre-formed plastic base joint material manufactured by K. T. Knyder Company, Houston, Texas, or an approved equal. Use of Talcote as joint material will not be not permitted. Ram-Nek joint material and primer shall be supplied for 027402 Page 2 of 7 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 use on pipe in the following sizes, which is the minimum that will be required. Additional Ram-Nek may be required if, in the opinion of the Engineer, a proper joint is not secured. Pipe Size Primer Per 100 Jts. Cut Lengths Per Joint 12" 1.5 gals. 1'/z pcs 1" x 2'-5" 15" 1.9 gals. 2 pcs 1" x T-5" 18" 2.7 gals. 1'/z pcs 1'/z " x 3'-5" 21" 3.8 gals. 2 pcs 1'/z " x 3'-5" 24" 6.2 gals. 2 pcs 1'/z " x 3'-5" 30" 8.5 gals. 2'/z pcs 1'/z " x 3'-5" 36" 9.5 gals. 3 pcs 13/4" x 3'-5" 42" 12.0 gals. 3'/z pcs 13/4" x 3'-5" 48" 15.0 gals. 4 pcs 13/4" x 3'-5" 54" 20.0 gals. 4'/z pcs 13/4" x 3'-5" 60" 25.0 gals. 5 pcs 13/4" x 3'-5" 66" 30.0 gals. 5'/z pcs 13/4" x 3'-5" 72" 32.0 gals. 6 pcs 2" x 3'-5" 84" 35.0 gals. 7 pcs 2" x 3'-5" b. TYLOX Types "C", "C-P" or "CR" rubber gaskets, as applicable, as manufactured by Hamilton Kent Manufacturing Company, Kent, Ohio, or approved equal. All gaskets, lubricants, adhesives, etc., shall be manufactured, constructed, installed, etc., as recommended by the manufacturer of the rubber gasket material and conform to ASTM Designation: C-443. In addition, the Contractor shall furnish to the City, for approval, manufacturer's brochures detailing the complete use, installation, and specifications of concrete pipe and rubber gaskets before any rubber gasket material is used on the project. All rubber gaskets shall be fabricated from synthetic rubber. c. Cement Mortar is prohibited from jointing pipe except at manholes, pipe junctions, etc., or where specifically approved by the Engineer. d. Geotextile for wrapping pipe joints shall be Class "A" subsurface drainage type in accordance with AASHTO M288. 027402 Page 3 of 7 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 3. CONSTRUCTION METHODS Reinforced concrete pipe culverts shall be constructed from the specified materials in accordance with the following methods and procedures: 1. Excavation. All excavation shall be in accordance with the requirements of City Standard Specification Section 022020 "Excavation and Backfill for Utilities," except where tunneling or jacking methods are shown on the plans or permitted by the Engineer. When pipe is laid in a trench, the trench, when completed and shaped to receive the pipe, shall be of sufficient width to provide free working space for satisfactory bedding and jointing and thorough tamping of the backfill and bedding material under and around the pipe. The Contractor shall make such temporary provisions as may be necessary to insure adequate drainage of the trench and bedding during the construction operation. Pipe shall be placed such that the identification markings are visible at the top prior to backfill. 2. Bedding. The pipe shall be bedded in accordance with the bedding details shown on the drawings. Bedding shall not be measured for pay, but shall be subsidiary to other work. If the subgrade of the trench is unstable, even if this condition occurs at relatively shallow depths, full encasement of the pipe with crushed stone shall be required. 3. Laying Pipe. Unless otherwise authorized by the Engineer, the laying of pipe on the prepared foundation shall be started at the outlet (downstream) end with the spigot or tongue end pointing downstream, and shall proceed toward the inlet(upstream) end with the abutting sections properly matched, true to the established lines and grades. Where bell and spigot pipe are used, cross trenches shall be cut in the foundation to allow the barrel of the pipe to rest firmly upon the prepared bed. These cross trenches shall be not more than two inches larger than the bell ends of the pipe. Proper facilities shall be provided for hoisting and lowering the sections of pipe into the trench without disturbing the prepared foundation and the sides of the trench. The ends of the pipe shall be carefully cleaned before the pipe is placed. As each length of pipe is laid, the mouth of the pipe shall be protected to prevent the entrance of earth or bedding material. The pipe shall be fitted and matched so that when laid in the bed, it shall form a smooth, uniform conduit. When elliptical pipe with circular reinforcing or circular pipe with elliptical reinforcing is used, the pipe shall be laid in the trench in such position that the markings "TOP" or "BOTTOM" shall not be more than 5 degrees from the vertical plane through the longitudinal axis of the pipe. For pipe over 42 inches in diameter, the Contractor may drill two holes not larger than 2 inches in diameter, in the top of each section of the pipe, to aid in lifting and placing. The holes shall be neatly drilled, without spalling of the concrete, and shall be done without the cutting of any reinforcement. After the pipe is laid, the holes shall be filled with mortar and properly cured, and placed such that they are visible from the top for inspection prior to backfill. Multiple installations of reinforced concrete pipe shall be laid with the center lines of 027402 Page 4 of 7 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 individual barrels parallel. When not otherwise indicated on plans, the following clear distances between outer surfaces of adjacent pipe shall be used. Diameter of Pipe 18" 24" 30" 36" 42" 48" 54" 60"to 84" Clear Distance Between Pipes 0'-9" 0'-11" 1'-1" 1'-3" 1'-5" 1'-7" 1'-11" 2'-0" 4. Jointing. a. If the use of Portland cement mortar joints is allowed, all pipe shall be jointed tight and sealed with stiff mortar, composed of one part Portland cement and two parts sand, so placed as to form a durable water-tight joint. The installation shall be as required by the Engineer. b. Joints using Rubber Gaskets: Where rubber gasket pipe joints are required by the plans, the joint assembly shall be made according to the recommendations of the gasket manufacturer. Water-tight joints will be required when using rubber gaskets. c. Joints using Cold-Applied Preformed Plastic Gaskets shall be made as follows: A suitable prime of the type recommended by the manufacturer of the gasket joint sealer shall be brush-applied to the tongue and groove joint surfaces and the end surfaces and allowed to dry and harden. No primer shall be applied over mud, sand or dirt or sharp cement protrusions. The surface to be primed must be clean and dry when primer is applied. Before laying the pipe in the trench, the plastic gasket sealer shall be attached around the tapered tongue or tapered groove near the shoulder or hub of each pipe joint. The paper wrapper shall be removed from one side only of the two-piece wrapper on the gasket and pressed firmly to the clean, dry pipe joint surface. The outside wrapper shall not be removed until immediately before pushing the pipe into its final position. When the tongue is correctly aligned with the flare of the groove, the outside wrapper on the gasket shall be removed and the pipe shall be pulled or pushed home with sufficient force and power(backhoe shovel, chain hoist, ratchet hoist or winch) to cause the evidence of squeeze-out of the gasket material on the inside or outside around the complete pipe joint circumference. The extruded gasket material shall be smoothed out over the joint on the exterior and interior of the pipe. Any joint material pushed out into the interior of the pipe that would tend to obstruct the flow shall be removed. (Pipe shall be pulled home in a straight line with all parts of the pipe on line and grade at all times.) Backfilling of pipe laid with plastic gasket joints may proceed as soon as the joint has been inspected and approved by the Engineer. Special precautions shall be taken in placing and compacting backfill to 027402 Page 5 of 7 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 avoid damage to the j oints. When the atmospheric temperature is below 60 degrees F, plastic joint seal gaskets shall either be stored in an area warmed to above 70 degrees F, or artificially warmed to this temperature in a manner satisfactory to the Engineer. Gaskets shall then be applied to pipe joints immediately prior to placing pipe in the trench, followed by connection to previously laid pipe. d. Pipe Joints for storm sewers shall be wrapped with geotextile material. The geotextile wrap shall be at least 2 feet wide and shall be centered on each joint. 5. After the pipe has been placed, bedded and jointed as specified, filling and/or backfilling shall be done in accordance with the applicable requirements of City Standard Specification Section 022020 "Excavation and Backfill for Utilities." If unstable conditions are encountered, fully encase the pipe with crushed stone as described above. When mortar joints are allowed, no fill or backfill shall be placed until the jointing material has been cured for at least six (6)hours. Special precautions shall be taken in placing and compacting the backfill to avoid any movement of the pipe or damage to the joints. For side drain culverts and all other culverts where joints consist of materials other than mortar, immediate backfilling will be permitted. 6. Unless otherwise shown on the plans or permitted in writing by the Engineer, no heavy earth moving equipment will be permitted to haul over the structure until a minimum of 4 feet of permanent or temporary compacted fill has been placed thereon. Pipe damaged by the Contractor's equipment shall be removed and replaced by the Contractor at no additional cost. 7. Cleanimz and Television Inspection. All enclosed reinforced concrete pipe and manholes installed on this project shall be cleaned and televised in accordance with City Standard Specification Section 027611 "Cleaning and Televised Inspection of Conduits." 4. MEASUREMENT Unless otherwise specified on the Bid Form, reinforced concrete pipe will be measured by the linear foot. Such measurement will be made between the ends of the pipe barrel along its central axis. Where spurs or branches, or connections to existing pipe lines are involved, measurement of the spur or new connecting pipe will be made from the intersection of its center axis with the outside surfaces of the pipe into which it connects. Where inlets, headwalls, catch basins, manholes,junction chambers, or other structures are included in lines of pipe, that length of pipe tying into the structure wall will be included for measurement but no other portion of the structure length or width will be so included. For multiple pipes, the measured length will be the sum of the lengths of the barrels measured as prescribed above. 027402 Page 6 of 7 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 5. PAYMENT Payment for reinforced concrete pipe measured as prescribed above will be made at the contract unit price bid per linear foot for the various sizes of 'Reinforced Concrete Pipe" of the class specified. Payment shall be full compensation for furnishing and transporting the pipe; hauling and placing of earth cushion material where required for bedding pipe; for the preparation and shaping of beds; for hauling, placing and jointing of pipes; for furnishing and installing geotextile pipe joint wrapping; for end finish; for all connections to existing and new structures; for cleaning and television inspection; and for all other items of materials, labor, equipment, tools, excavation, backfill and incidentals necessary to complete the culvert or storm sewer in accordance with the plans and these specifications. 027402 Page 7 of 7 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 027404 CONCRETE BOX CULVERTS 1. DESCRIPTION This specification shall govern all work required for constructing, furnishing, and installing reinforced concrete box culverts required to complete the project. All reinforced concrete boxes for this project shall be precast concrete in accordance with TxDOT Standards for precast box culverts and the details shown on the drawings for the appropriate height of fill, and design shall conform to ASTM C1577. Alternate designs of precast boxes will be considered for approval upon submission of shop drawings detailing the box and certifications that the box, as designed,is structurally comparable to or better than the box shown in the contract drawings and is designed to support HS20 loading per ASSHTO M273. The shop drawings and certifications shall be signed and sealed by a Texas registered professional engineer. 2. MATERIALS 1. Concrete. Unless otherwise shown on the plans, Class "C" concrete shall be used for cast-in- place boxes, conforming to the requirements of City Standard Specification Section 030020 "Portland Cement Concrete" and City Standard Specification Section 038000 "Concrete Structures", except that Class "S" concrete will be required for top slabs of direct traffic cast- in-place boxes. Concrete for precast (machine-made) boxes shall meet the requirements of ASTM C76 Sections: "Cement", "Aggregates" and "Mixture", and shall have a minimum 28-day compressive strength of 5,000 psi. 2. Reinforcement. Reinforcing steel shall conform to the requirements of City Standard Specification Section 032020 "Reinforcing Steel" and the details shown on the plans. 3. Jointinz. Materials for jointing shall conform to the requirements of City Standard Specification Section 027402 "Reinforced Concrete Pipe Culverts". 4. Membrane Curimz. Materials for membrane curing shall conform to City Standard Specification Section 038000 "Concrete Structures". 5. Geotextile. Geotextile fabric for wrapping joints shall be Class 1 geotextile for subsurface drainage with an average opening size(AOS)of 0.22mm and in accordance with AASHTO M288. 3. FABRICATION The requirement of City Standard Specification Section 030020 "Portland Cement Concrete" and City Standard Specification Section 038000 "Concrete for Structures" shall govern for cast-in-place 027404 Page 1 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 concrete box culverts and for precast(formed)boxes except where otherwise specified herein. Forms for precast(machine-made)boxes shall be made of steel. Forms for cast-in-place boxes and precast(formed)boxes may be either wood or steel. Forms shall be mortar-tight and of sufficient strength to prevent excessive bulging or misalignment of adjacent boxes. They shall be constructed to permit their removal without damage to the concrete. Offsets at form joints shall not exceed one-eighth inch (1/8"). Forms shall be clean and free of extraneous matter when concrete is placed. Positive means of supporting steel cages in place throughout forming and concrete placement shall be required and subject to the approval of the Engineer. Welding of reinforcing steel will be permitted only where shown on the plans. Welding shall be done by a qualified welder and shall conform to industry standards. Precast(machine-made)boxes shall be cast by a process which will provide for uniform placement of the concrete in the forms and compaction by mechanical devices which will assure dense concrete. Concrete shall be mixed in a central batch plant or other approved batching facility from which the quality and uniformity of the concrete can be assured. Transit mixed concrete shall not be acceptable for use in precast(machine-made)boxes. 4. TESTING AND CERTIFICATION 1. Physical Requirements. Precast boxes shall meet the requirement of ASTM C 1577. Testing shall be done by a materials engineering testing laboratory which meets the requirements for membership in the American Council of Independent Laboratories. 2. Fabrication Tolerances. Precast boxes shall conform to the following tolerances: When two box sections are fitted together on a flat surface, in proper alignment and in the position they will be installed, the longitudinal opening at any point shall not exceed one inch(1"). Not more than four lifting holes may be provided in each box to facilitate handling. They may be cast-in, cut into the fresh concrete after form removal or drilled, and shall not be more than 2 inches in diameter or 2 inches square. Cutting or displacement of the reinforcement will not be permitted. Spalled areas around the holes shall be repaired. Concrete boxes shall be given an"Ordinary Surface Finish" in accordance with Section 038000 "Concrete Structures". 3. Certification. Certification of quality shall be provided with each delivery of materials to the job site by the manufacturer. Certification shall be a written report by the materials engineering testing laboratory. 5. DEFECTS AND REPAIRS Fine cracks or checks on the surface of the member which do not extend to the plane of the nearest reinforcement will not because for rejection unless they are numerous and extensive. Cracks which extend into the plane of the reinforcing steel but are acceptable otherwise, shall be repaired in an 027404 Page 2 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 approved manner. Small damaged or honeycombed areas which are purely surficial in nature may be repaired. Excessive damage, honeycombing or cracking will be subj ect to structural review. Repairs shall be sound, properly finished, and cured in conformance with the pertinent specifications. When fine cracks or hairline cracks on the surface indicate poor curing practices,further production of precast boxes shall be discontinued until corrections are made and proper curing provided. 6. CONSTRUCTION METHODS Excavation and backfill shall be in accordance with City Standard Specification Section 022020 "Excavation and Backfill for Utilities" and City Standard Details for Stormwater. Bedding for precast concrete box culverts located under pavements shall consist of 6 inches of cement-stabilized sand containing a minimum of 1'/z sacks of Standard Type I or Type 11 Portland cement per cubic yard of sand and compacted to not less than 95% Standard Proctor density. Unless otherwise shown on the plans, the Contractor may use any of the jointing materials, except rubber gaskets, and shall comply with the jointing requirements specified in the City Standard Specification Section 027402 "Reinforced Concrete Pipe Culverts". All box j oints shall be wrapped with geotextile fabric. The wrap shall be at least two(2)feet wide and centered on the joints. Lifting holes shall be filled with mortar or concrete and cured to the satisfaction of the Engineer. 7. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, concrete box culverts shall be measured by the linear foot for each size of box installed. The measurement will be made between the ends of the box along the centerline. For boxes used in the multiple barrel structures,the measured length will be the sum of the lengths of all barrels. Payment shall be made at the contract bid price and shall fully compensate the Contractor for furnishing, transporting and installing the box culverts; for bedding materials and bed preparation including compaction; for excavation and backfill of trenches; for all connections to existing and new structures; and for all labor,materials,tools, equipment and incidentals required to complete the work as shown on the contract drawings and as specified herein. 027404 Page 3 of 3 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 comparatively smooth. Wood Cellulose Fiber Mulch Seeding - After tilling, mulch shall be applied. Wood cellulose fibers shall be added to the hydraulic seeder after the proportionate amounts of seed, fertilizer, water and other approved materials are added. Application shall be 1500 lb./acre on flats, 2000 lb./acre on slopes up to 3:1, and 2500 lb./acre on slopes steeper than 3:1. One hundred (100)pounds of fiber per acre shall be used when asphalt is to be applied over cellulose mulch. The mulch shall provide a uniform cover over the soil surface. Asphalt Over Wood Cellulose Fiber Mulch Seeding - "Wood Cellulose Fiber Mulch Seeding" shall be done as described above. After mulch has been placed, an asphalt-water emulsion shall be uniformly spread over the mulch at a rate of 1200 gallons per acre. 3.4 MAINTENANCE: The Contractor shall water, repair and reseed areas as required for a period of 45 days or until growth has been established, whichever is longer. This includes erosion damage. Maintenance does not include mowing or weed control, unless indicated on the plans. If at any time the seeded area becomes gullied or otherwise damaged, or the seeds have been damaged or destroyed, the affected portion shall be re-established to the specified condition prior to acceptance of the work. 3.5 GUARANTEE: The Contractor shall assure 95% of the seeded area has established grass growth at 45 calendar days after seeding, unless indicated otherwise on the drawings. Where established, grass growth is defined as at least one plant per square foot with no bare spots larger than three (3) square feet. The Contractor shall re-establish grass growth as directed by the Engineer during the one-year warranty period. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, seeding will be measured by the horizontal square yard of area seeded within the areas designated on the drawings. Areas disturbed by the Contractor that are outside of the designated areas (such as field office, laydown/ storage area, stockpile areas, etc.) shall be seeded by the Contractor for erosion control per the stormwater pollution prevention plan but will not be measured for payment. Payment shall be full compensation for all labor, materials, tools, equipment and incidentals necessary to complete the work, and shall include, but not be limited to, tilling soil, topsoiling, fertilizing, planting, mulching, watering and maintaining vegetation. Payment shall be due and payable only after grass growth has been established as described above. 028020 Page 4 of 4 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 Block Sodding: Prior to planting, the area to be sodded shall be graded and shaped. Sod blocks shall be uniformly placed over the prepared area. The sodded area shall then be fertilized and watered. After the area is sufficiently dry, the area shall be rolled or tamped 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 Sodding: The sod source shall be disked in two directions cutting the sod thoroughly to a depth of not less than 4 inches or more than 10 inches, being careful to avoid having soil containing no grass roots. The disked sod may be windrowed or otherwise handled in a manner satisfactory to the Engineer. The material shall be rejected if not kept in a moist condition. Prior to placing mulch sod, the cut slopes shall be scarified by plowing furrows 4 inches to 6 inches deep along horizontal slope lines at 2-foot vertical intervals. Excavated material from the furrows shall not protrude more than 3 inches above the original surface of the cut. Fertilizer shall be distributed uniformly over the area. The sod shall then be dumped upon the prepared area and spread uniformly to the required approximate thickness shown on 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:31311697A-26A3-4697-95D1-0272482OE445 SECTION 028300 FENCE RELOCATION 1. DESCRIPTION This specification shall govern all work necessary to accomplish the relocation of any fence that needs to be moved to complete this project. The necessity and the time schedule for relocation of any given fence shall be determined by the Engineer. 2. MATERIALS Whenever possible, all or part of the existing fence materials shall be used in constructing the relocated fence. Any materials damaged or destroyed as a result of removal of the fence from its existing location shall be replaced with materials of equal or better quality at the expense of the contractor. 3. CONSTRUCTION METHODS It is the intent of this specification that fences be reconstructed to original condition (condition at time just prior to commencement of construction on this project). Unless otherwise specified, no fence shall be replaced until the area surrounding its new location has been worked to its finished grade. Any fence that is damaged while being removed shall be repaired prior to being reset or replaced with like kind. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, fence relocation shall be measured by the linear foot of relocated fence (not fence removed from original location). Payment shall constitute full compensation for removal, replacement, necessary repairs, and all other work related to the relocation of fences. 028300 Page 1 of 1 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 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 #3, #4, #5 4d #6, #7, #8 5d All bends in main bars and in secondary bars not covered above: Grade 60 Grade 75 #3 thru#8 6d -- #9, #10 8d -- #11 8d 8d #14, #18 10d -- 032020 Page 3 of 6 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 4. TOLERANCES Fabricating tolerances for bars shall be within 3 percent of specified or as follows: Plan Dimon. : 3/4" j7/8- Bar or Smaller--Flan. Dimen. r l � Bar or Larger--Plan_ D&men. * !` s 3✓ H c over 6"--0omen.+ Zero or H = 6 and leas-0imen. • Zero or -6/4' 1# 7/8- Bow- or Smaller--Plan Dimen_ r� l" Bar or Larger—Plan Dimon. s 1•' Pirol or Circulor Tie Tie a< - Stiss�sp �' gPlonOim�en-*1 Plan D.n.ra= 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:31311697A-26A3-4697-95D1-0272482OE445 TABLE 1 Minimum Lap Requirements Lap Uncoated Coated Lap in inches > 40d 60d Where: d=bar diameter in inches Welding of reinforcing bars may be used only where shown on the plans or as permitted herein. All welding operations, processes, equipment, materials, workmanship and inspection shall conform to the requirements of the drawings and industry standards. All splices shall be of such dimension and character as to develop the full strength of bar being spliced. End preparation for butt welding reinforcing bars shall be done in the field. Delivered bars shall be of sufficient length to permit this practice. For box culvert extensions with less than one foot of fill, the existing longitudinal bars shall have a 20-diameter lap with the new bars. For box culvert extensions with more than one foot of fill, a minimum of 6 inches lap will be required. Unless otherwise shown on the plans, dowel bars transferring tensile stresses shall have a minimum embedment equal to the minimum lap requirements shown in Table 1. Shear transfer dowels shall have a minimum embedment of 12 inches. 7. PLACING Reinforcement shall be placed as near as possible in the position shown on the plans. Unless otherwise shown on the plans, dimensions shown for reinforcement are to the centers of the bars. In the plane of the steel parallel to the nearest surface of concrete, bars shall not vary from plan placement by more than one-twelfth of the spacing between bars. In the plane of the steel perpendicular to the nearest surface of concrete, bars shall not vary from plan placement by more than one-quarter inch. Cover of concrete to the nearest surface of steel shall meet the above requirements but shall never be less than one inch or as otherwise shown on the plans. Vertical stirrups shall always pass around the main tension members and be attached securely thereto. The reinforcing steel shall be spaced its required distance from the form surface by means of approved galvanized metal spacers, metal spacers with plastic coated tips, stainless steel spacers, plastic spacers, or approved pre-cast mortar or concrete blocks. For approval of plastic spacers on the project, representative samples of the plastic shall show no visible indications of deterioration after immersion in a 5 percent solution of sodium hydroxide for 120 hours. All reinforcing steel shall be tied at all intersections, except that where spacing is less than one foot in each direction, alternate intersections only need be tied. Before any concrete is placed, all mortar shall be cleaned from the reinforcement. Precast mortar or concrete blocks to be used for holding steel in position adjacent to formed surfaces shall be cast in molds meeting the approval of the Engineer and shall be cured by covering with wet burlap or 032020 Page 5 of 6 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 cotton mats for a period of 72 hours. The blocks shall be cast in the form of a frustum of a cone or pyramid with the smaller face placed against the forms. A suitable tie wire shall be provided in each block, to be used for anchoring to the steel. Except in unusual cases, and when specifically otherwise authorized by the Engineer, the size of the surface to be placed adjacent to the forms shall not exceed two and one-half inches square or the equivalent thereof in cases where circular or rectangular areas are provided. Blocks shall be cast accurately to the thickness required, and the surface to be placed adjacent to the forms shall be a true plane free of surface imperfections. Reinforcement shall be supported and tied in such manner that a sufficiently rigid case of steel is provided. If the cage is not adequately supported to resist settlement or floating upward of the steel, overturning of truss bars or movement in any direction during concrete placement, permission to continue concrete placement will be withheld until corrective measures are taken. Sufficient measurements shall be made during concrete placement to insure compliance with the first paragraph of Article 7 of this specification. Mats of wire fabric shall overlap each other sufficiently to maintain a uniform strength and shall be fastened securely at the ends and edges. No concrete shall be deposited until the Engineer has inspected the placement of the reinforcing steel and given permission to proceed. 8. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, reinforcing steel is considered subsidiary to the various items shown in the Bid Form and shall not be measured and paid for as a separate item. 032020 Page 6 of 6 Rev.10-30-2014 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 SECTION 038000 CONCRETE STRUCTURES 1. DESCRIPTION This specification shall govern for construction of all types of structures involving the use of structural concrete, except where the requirements are waived or revised by other governing specifications. All concrete structures shall be constructed in accordance with the design requirements and details shown on the plans; in conformity with the pertinent provisions of the items contracted for; the incidental specifications referred to; and in conformity with the requirements herein. 2. MATERIALS (1) Concrete. All concrete shall conform to the provisions of City Standard Specification Section 030020 "Portland Cement Concrete". The class of concrete for each type of structure or unit shall be as specified on the plans or by pertinent governing specifications. (2) Expansion Joint Material. (a) Preformed Fiber Material. Preformed fiber expansion joint material shall be of the dimensions shown on the plans. The material shall be one of the following types, unless otherwise noted on the plans: 1. Preformed Bituminous Fiber Materials shall meet the requirements of ASTM Designation: D1751 "Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non-extruding and Resilient Bituminous Types)". 2. Preformed Non-Bituminous Fiber Material shall meet the requirements of ASTM Designation: D1751 "Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non-extruding and Resilient Bituminous Types)", except that the requirements pertaining to bitumen content, density and water absorption shall be voided. 3. Redwood. (b) Joint Sealing Materials. Unless otherwise shown on the drawings, joint sealing material shall conform to the following requirements. The material shall adhere to the sides of the concrete joint or crack and shall form an effective seal against infiltration of water and incompressible s. The material shall not crack or break when exposed to low temperatures. 038000 Page 1 of 19 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 manu£). 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 3'/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:31311697A-26A3-4697-95D1-0272482OE445 PROPERTY METHOD REQUIREMENT Color ASTM D1752, Type 1 Black Density ASTM D1752, Type 1 40 lb./ft' Min. Recovery ASTM D 1752, Type 1 90%Min. Compression ASTM D1752, Type 1 50 to 500 psi Extrusion ASTM D 1752, 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:31311697A-26A3-4697-95D1-0272482OE445 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 j oint sealing material shall be as detailed on the plans. The 038000 Page 4 of 19 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 be taken 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:31311697A-26A3-4697-95D1-0272482OE445 (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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 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 joint. 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 joints 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:31311697A-26A3-4697-95D1-0272482OE445 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 but not against the joint surface. The vibration shall continue until thorough consolidation,and complete embedment of reinforcement and fixtures is produced,but not long enough to cause segregation. Vibration maybe 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:31311697A-26A3-4697-95D1-0272482OE445 (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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 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 H cement) Concrete Piling (non-prestressed) 6 curing days When the air temperature is expected to drop below 35 degrees F,the water curing mats shall be covered with polyethylene sheeting, burlap-polyethylene blankets or other material to provide the protection required by Article "Placing Concrete in Cold Weather" of these specifications. A curing day is defined as a calendar day when the temperature, taken in the shade away from artificial heat, is above 50 degrees F for at least 19 hours(colder days if satisfactory provisions are made to maintain the temperature of all surfaces of the concrete above 40 degrees F for the entire 24 hours). The required curing period shall begin when all concrete therein has attained its initial set. The following methods are permitted for curing concrete subj ect to the restrictions of Table 1 and the following requirements for each method of curing. (1) Form Curing. When forms are left in contact with the concrete, other curing methods will not be required except for cold weather protection. (2) Water Curing. All exposed surfaces of the concrete shall be kept wet continuously for the required curing time. The water used for curing shall meet the requirements for concrete mixing water as specified in the specification Section 030020 "Portland Cement Concrete". Seawater will not be permitted. Water which stains or leaves an unsightly residue shall not be used. (a) Wet Mat. Cotton mats shall be used for this curing method. They shall be placed as soon as possible after the surface has sufficiently hardened to prevent damage to the concrete. (See Article, "Placing Concrete" of this specification.) Damp burlap blankets made from nine-ounce stock may be placed on the damp concrete surface for temporary protection prior to the application of the cotton mats which may be placed dry and wetted down after placement. The mats shall be weighted down adequately to provide continuous contact with all concrete surfaces where possible. The surfaces of the concrete shall be kept wet for the required curing time. Surfaces which cannot be cured by contact shall be enclosed with mats and anchored positively to the forms or to the ground so that outside air cannot enter the enclosure. Sufficient moisture shall be provided inside the enclosure to keep all surfaces of the concrete wet. (b) Water Spray. This curing method shall consist of overlapping sprays or sprinklers that keep all unformed surfaces continuously wet. (c) Ponding. This curing method requires the covering of the surfaces with a minimum of two inches (2") of clean granular material, kept wet at all times, or a minimum of one-inch 038000 Page 15 of 19 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 (1") depth of water. Satisfactory provisions shall be made to provide a dam to retain the water or saturated granular material. (3) Membrane Curing. This consists of curing concrete pavement, concrete pavement(base),curbs, gutters, retards, sidewalks, driveways, medians, islands, concrete riprap, cement-stabilized riprap, concrete structures and other concrete as indicated on the plans by impervious membrane method. Unless otherwise provided herein or shown on the plans, either Type 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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 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 H 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:31311697A-26A3-4697-95D1-0272482OE445 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:31311697A-26A3-4697-95D1-0272482OE445 SECTION 055420 FRAMES, GRATES, RINGS AND COVERS 1. DESCRIPTION This specification shall govern for the furnishing and installation of frames, grates, rings and covers for inlets, manholes and other structures in accordance with those details. Steel shall conform to the requirements of ASTM Designation: A36 "Standard Specification for Carbon Structural Steel". 2. MATERIALS Welded steel grates and frames shall conform to the member size, dimensions and details shown on the plans and shall be welded into an assembly in accordance with those details. Steel shall conform to the requirements of ASTM Designation: A36. Castings, whether Carbon-Steel, Gray Cast Iron or Ductile Iron, shall conform to the shape and dimensions shown on the plans and shall be clean substantial castings, free from burnt-on sand or blow holes, and shall be reasonable smooth. Runners, risers, fins, and other cast-on pieces shall be removed from the castings and such areas ground smooth. Bearing surfaces between manhole rings and covers or grates and frames shall be cast or machined with such precision that uniform bearing shall be provided throughout the perimeter contact area. Pairs of machined castings shall be matchmarked to facilitate subsequent identification at installation. Steel castings shall conform to the requirements of ASTM Designation: A27 "Standard Specification for Steel Castings, Carbon, for General Application". Grade 70-36 shall be furnished unless otherwise specified. Cast Iron castings shall conform to the requirements of ASTM Designation: A48 "Standard Specification for Gray Iron Castings", Class 30. Ductile iron castings shall conform to the requirements of ASTM Designation: A536 "Standard Specification for Ductile Iron Castings". Grade 60-40-18 shall be used otherwise specified. 3. CONSTRUCTION METHODS Frames, grates, rings and covers shall be constructed of the materials as specified and in accordance with the details shown on the plans, and shall be placed carefully to the lines and grades indicated on the plans or as directed by the Engineer. All welding shall conform to the requirements of the latest American Welding Society Specifications. Frames, grates, rings and covers shall be given one coat of a commercial grade red lead and oil paint and two coats of commercial grade aluminum paint. 055420 Page 1 of 2 Rev.3-25-2015 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 Painting on gray iron castings will not be required, except when used in conjunction with structural steel shapes. Commercial grade galvanized bolts and nuts shall be used. The zinc coating shall be uniform in thickness, smooth and continuous. 4. MEASUREMENT AND PAYMENT Unless otherwise specified on the Bid Form, frames, grates, rings and covers will not be measured for payment, but shall be considered subsidiary to other bid items. 055420 Page 2 of 2 Rev.3-25-2015 DocuSign Envelope ID:4A7C7A6E-6AB1-4576-87AD-32220792E772 NOTICE OF AWARD PROCUREMENT Contractor: A. Ortiz Construction & Paving, Inc. Project: South Oso Parkway from South Staples Street to South Oso Parkway 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 August 9, 2022 in the amount of $1,328,913.55. Contractor is instructed Phone: to execute all necessary forms and submit all required documentation as outlined in solicitation. 361.826.3655 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. DocuSigned by: r_ ,�- ` 8/9/2022 �zosaas��ssa.F� Josh Chronley Date Assistant Director 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:31311697A-26A3-4697-95D1-0272482OE445 DATE(MM/DDIYYYY) A�oRo® CERTIFICATE OF LIABILITY INSURANCE DATE 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 A/C No Ext): 361-561-4237 A/C No):361-844-0101 Corpus Christi TX 78403-0870 ADDRESS: rterrell@higginbotham.net INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Texas Mutual Insurance Company 22945 INSURED ORTIZ1 INSURER 13: Navigators Specialty Insurance Company 36056 A. Ortiz Construction &Paving, Inc. 102 Airport Road INSURERC: Imperium Insurance Company 35408 Corpus Christi TX 78405 INSURER D, INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1239283887 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 ADDLSUBRPOLICY EFF POLICY TYPE OF INSURANCE INSD WVD POLICY NUMBER MM DDIIYYYY EXP LTR MM DD LIMITS B X COMMERCIAL GENERAL LIABILITY H021CGLZ095K4IC 10/29/2021 10/29/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADEOCCUR DAMAGE o' PREMISES Ea occurrence $50,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PPOLICY yPECOT- y LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY ILR18-01672-00 10/29/2021 10/29/2022 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNEDSCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B UMBRELLALIAB X OCCUR H021EXCZ095HUIC 10/29/2021 10/29/2022 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ A WORKERS COMPENSATION 0001185671 10/29/2021 10/29/2022 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA (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 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be 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 ACCORDANCE WITH THE POLICY PROVISIONS. Contracts and Procurement 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:31311697A-26A3-4697-95D1-0272482OE445 AGENCY CUSTOMER ID: ORTIZI LOC#: AC"J?" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency, Inc. A.Ortiz Construction&Paving, Inc. 102 Airport Road POLICY NUMBER Corpus Christi TX 78405 CARRIER 7iC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability 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.(CG2404 0509). 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 04/13 and Additional Insured-Owners, Lessees or Contractors-Completed Operations-Form CG 20 37 04/13). General Liability policy includes a primary&non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision.(Primary&Non-Contributory—Other Insurance Condition CG 20 01 04/13). Auto 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.(CA0444 10/13). Auto 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.(CA2048 10/13). Automobile Liability policy includes Form MCS90 06/21 -Motor Carrier Policies of Insurance For Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980 Workers'Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.(Texas Waiver of Our Right to Recover from Others Endorsement-Form WC 42 03 04 B). Umbrella policy follows the terms,definitions,conditions&exclusions of the Scheduled Underlying General Liability,Auto Liability and Employers Liability Insurance.(Commercial Excess Liability Coverage Part NAV-EXC-001 04/10). Project#18040A South Oso Parkway form South Staples Street to South Oso Parkway ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 00 61 13 PERFORMANCE BOND BOND NO. 4405112 Contractor as Principal Surety Name: A.Ortiz Construction &Paving, Inc. Name: FCCI Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 102 Airport Road Corpus Christi,TX 78405 Sara University Parkway Sarasota,FL 34240-8424 Physical address (principal place of business): Owner 6300 University Parkway Name: City of Corpus Christi,Texas Sarasota, FL 34240-8424 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: Florida 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. 18040A 972-338-3394 South Oso Parkway from South Staples Telephone(for notice of claim): Street to South Oso Parkway 800-226-3224 Local Agent for Surety Name: Higginbotham Insurance Agency Award Date of the Contract: August 9, 2022 Address: 500 N.Shoreline Blvd. 1200 Corpus Christi,TX 784031 Contract Price: $1,328,913.55 Telephone: 361-561-4253 Bond aendris@higginbotham.net Email Address: @ gginbotham.net Date of Bond: August 17th,2022 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number.1-800-252-3439 Performance Bond 006113-1 Project No. 18040A—South Oso Parkway(S.Staples St.to S. Oso Parkway) 6/11/2021 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 Prin ip' I A.O iz 6on traction&Paving, Inc. Surety FCCI Insur n e Comp�ay Signature: Signature: I X- L/ Name: / r � Name: Tricia Balolong Title: I ri ` � Title: Attorney in Fact Email Address: �d Email Address: tbalolong@higginbotham.net (Attach Power of Attorney and place surety seal below) ,`,�rrrrrrrNry,, CO 7_ i SEAL 1994 +�C O R 10 rr,rr rurr` END OF SECTION Performance Bond 00 61 13 -2 Project No. 18040A—South Oso Parkway(S. Staples St,to S.Oso Parkway) 6/11/2021 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 00 61 16 PAYMENT BOND BOND NO4405112 Contractor as Principal Surety Name: A.Ortiz Construction &Paving, Inc. Name: FCCI Insurance Company Mailing address (principal place of business): Mailing address(principal place of business): 102 Airport Road Corpus Christi,TX 78405 6300 University Parkway Sarasota,FL 34240-8424 Physical address (principal place of business): Owner 6300 University Parkway Name: City of Corpus Christi,Texas Sarasota,FL 34240-8424 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: Florida Corpus Christi, Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Contract Project name and number: Project No. 18040A 972-338-3394 South Oso Parkway from South Staples Telephone(fornotice of claim): Street to South Oso Parkway 800-226-3224 Local Agent for Surety Name:Higginbotham Insurance Agency Award Date of the Contract: August 9, 2022 Address: 500 N.Shoreline Blvd. 1200 Corpus Christi,TX 784031 Contract Price: $1,328,913.55 Bond Telephone: 361-561-4253 Email Address: aendris@higginbotham.net Date of Bond: August 17th 2022 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 006116-1 Project No. 18040A—South Oso Parkway(S. Staples St.to S.Oso Parkway) 6/11/2021 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 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 Pri •pal .orConstruction&Paving, Inc. Surety FCCI Insur Company Signature: Signature: Name: A76 _ Name: Tricia Balolong Title: l,. / ,! Title: Attorney in Fact Email Address: '/(�� (( � ry` )[;(;)1j„ Email Address: tbalolong@higginbotham.net (Attach Power of Attorney and place surety seal below) ,`"'JI n1rpggr ����� PN C�Co% ULA T SE CI.L 1994 ` k 0 R ID, ,s END OF SECTION Payment Bond Form 006116 -2 Project No. 18040A—South Oso Parkway(S. Staples St.to S.Oso Parkway) 6/11/2021 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 FICCIINSURANCER cizourOUP� GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Aaron Endris; Allison Cantu; Gabe Roberts; Gwendolyn Johnston; James R. Reid; Jessica Turner; Lindsay Senior Gingras; Michael R. Simon; Payton Blanchard, Sherri Collins; Tricia Balolong; William Mitchell Jennings; William Blanchard Each, its true and lawful Attorney-In-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of(not to exceed $10,000,000.00): $10,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FCCI Insurance Company has caused these presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 23rd day of July 2020 . Attest: � -�^,�--- J(_ lel/ ;',`., ctvor�,�r•.?>T; �. �-r--- Christina D.Welch, PresidentLL SCAL ..? Christopher Shoucair, FCCI Insurance Company I,,,Ir EVP, CFO, Treasurer, Secretary A'4oR��P:` FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. Notary Public Slate of Florida My commission expires: 2/27/2023JCommission GG'"� Peggy Snow t5c� Expires 021 712023 283505 Notary Public State of Florida County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. s Notary Public State or Florida \ __ L CjZ•'� .� My commission expires: 2/27/2023 r�j " Comm"ea on(33283505 \ �� �w Explres02027Q023 Notary Public 01 CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this 17th day off August 2022 Christopher Shoucair, EVP, CFO,Treasurer, Secretary FCCI Insurance Company 1-IONA-3592-NA-04, 712020 DocuSign Envelope ID:31311697A-26A3-4697-95D1-0272482OE445 IMPORTANT NOTICE To obtain information or make a complaint: You may call FCCI Insurance Group's (FCCI)*toll-free telephone number for information or to make a complaint at 1-800-226-3224. You may also write to FCCI Insurance Group Compliance Department e-mail at StateComplaints fcci-group.com. For Claims, you may write to FCCI Insurance Group Claim Department e-mail at newclaim(@fcci-group.com. 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: PO Box 149104 Austin TX 78714-9104 Fax: 1-512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtections(cDtdi.texas.cLov PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact FCCI first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached documents. *The FCCI Insurance Group includes the following insurance carriers: Brierfield Insurance Company, FCCI Advantage Insurance Company, FCCI Commercial Insurance Company, FCCI Insurance Company,Monroe Guaranty Insurance Company, and National Trust Insurance Company. 1-BD-TX-21690-NTP-07 15 Page 1 of 1 Copyright 2015 FCCI Insurance Group.